Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 2001 and adjourned Wednesday, March 21, 2001, volume I

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 2001 and adjourned Wednesday, March 21, 2001
VOLUME I
2001 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2001-2002
THOMAS B. MURPHY ................................................................................ Speaker 18th DISTRICT, HARALSON COUNTY
JACK CONNELL ............................................................................Speaker Pro Tem 115th DISTRICT, RICHMOND COUNTY
ROBERT E. RIVERS, JR. .................................................................................Clerk HARALSON COUNTY
DON CASTLEBERRY.............................................................................. Messenger STEWART COUNTY
WARD EDWARDS................................................................................. Doorkeeper TAYLOR COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH ........................................................................Assistant Clerk GWINNETT COUNTY
JANE C. MAYO ....................................................................................Journal Clerk COBB COUNTY
SCOTTY LONG ....................................................................Assistant Journal Clerk HARALSON COUNTY
BOBBIE JOHNSON .....................................................Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH .............................. Assistant Clerk for Information Systems DOUGLAS COUNTY
CAROLYN PETTUS.................................................... Assistant Clerk for Roll Call GWINNETT COUNTY
ARTHUR VINING ................................ Assistant Clerk for Printing & Distributing NEWTON COUNTY
MARY ANNA MEEKS......................................................................Calendar Clerk FULTON COUNTY
CICERO LUCAS .............................. Assistant Clerk for Administrative Assistance GWINNETT COUNTY

MONDAY, JANUARY 8, 2001

1

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia
Monday, January 8, 2001
The Representatives-elect of the General Assembly of Georgia for the years 20012002 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.
Prayer was offered by the Reverend Herman Parker, Pastor, First Baptist Church, Bremen, Georgia.
The members pledged allegiance to the flag.
The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Representatives-elect for the years 2001-2002, was received and read:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 2000 General Election held on November 7, 2000; all as the same appear on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of December, in the year of our Lord Two Thousand and of the Independence of the United States of America the Two Hundred and Twenty-fifth.

(SEAL)

/s/ Cathy Cox Secretary of State

2

JOURNAL OF THE HOUSE

Brian Joyce Michael M. Snow Ronald Lee Forster James Allen Hammontree Harold Mann Charles "Judy" Poag Hinton "Amos" Amerson Ralph Twiggs Ben D. Bridges, Sr. Thomas Edward Shanahan Barbara Massey Reece Paul E. Smith E. M. (Buddy) Childers Walter Jeffrey Lewis Garland Pinholster Steve Stancil Charles F. Scheid, III Thomas B. Murphy Clinton Wiles Smith Carlton Wellborn Rogers, Sr. James Willard Mills, Jr. Mary Jeanette Jamieson Alan T. Powell Ralph T. Hudgens Patricia B. Bell James Glenn Richardson William Francis (Bill) Cummings Thomas Patrick Knox Ginger Moore Collins Richard Marshall Golick Sharon Cooper Judith Hubert Manning Don Edwin Wix John Wiles Terry Johnson Earl Ehrhart Mitchell Adam Kaye Roger Neal Hines Robert L. Franklin, Jr. Don L. Parsons Joseph Mark Burkhalter Thomas Ralph Campbell, Jr. Joseph B. Wilkinson, Jr.

Walker Walker Catoosa Whitfield Whitfield Murray Lumpkin Towns White Gordon Chattooga Floyd Floyd Bartow Cherokee Cherokee Cherokee Haralson Dawson Hall Hall Stephens Hart Madison Jackson Paulding Polk Forsyth Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Fulton Fulton Fulton

State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43

MONDAY, JANUARY 8, 2001

3

Wendell K. Willard Robert Andrew Irvin Kathy B. Ashe James Francis Martin Douglas Cox Dean Pamela A. Stanley Lanett L. Stanley-Turner J. E. (Billy) McKinney Kasim Reed Bob Holmes Tyrone Brooks Joe Heckstall Nan Grogan Orrock Georganna T. Sinkfield Sharon Beasley Teague Francis R. Millar J. Max Davis Douglas Clark Teper Sally Roettger Harrell Paul Jennings Arnold Mays Ragas Michele Henson Karla L. Drenner Ethel Stephanie Stuckey Joann McClinton Barbara J. Mobley Stanley K. Watson Ron Sailor, Jr. George Maddox Henrietta E. Turnquest Barbara Jean Bunn Randal Mangham Scott Dix Charles E. Bannister Mary Hodges Squires Thomas Robert Rice Brooks P. Coleman, Jr. Eugene L. Callaway Michael Todd Coan Jeffrey "Jeff" L. Williams Renee' S. Unterman Bobby Clifford Reese Charles Warren Massey

Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb Rockdale Dekalb Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Barrow

State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86

4

JOURNAL OF THE HOUSE

Rolano Lenwood Walker Mary Louise McBee Keith G. Heard Thomas Allen McCall Robert H. (Bob) Smith, Sr. James S. "Jim" Stokes Valencia Seay Ronald Martin Dodson Gail M. Buckner Darryl Wiggins Jordan Michael E. Barnes Bill Hembree Robert J. Snelling III Tracy Stallings Jack West Vance Smith, Jr. Lynn Smith Lynn A. Westmoreland Kathryn Burgess Cox John Yates William Berryman "Bill" Sanders James Steven Cash John R. Lunsford Curtis Stephen Jenkins Robert Melvin (Micky) Channell William S. (Bill) Jackson Ben Lewis Harbin Susan J. Burmeister Jack Connell Alberta J. Anderson Benjamin Allen Henry L. Howard George L. DeLoach Helen G. 'Sistie' Hudson Jimmy Lord Bobby Eugene Parham Kenneth (Ken) W. Birdsong David E. Lucas David B. Graves Robert A. B. Reichert Nikki T. Randall Robert F. Ray Robert Mallory (Mack) Crawford

Walton

State Representative, District 87

Clarke

State Representative, District 88

Clarke

State Representative, District 89

Elbert

State Representative, District 90

Oconee State Representative, District 91

Newton State Representative, District 92

Clayton State Representative, District 93

Clayton State Representative, District 94

Clayton State Representative, District 95

Clayton State Representative, District 96

Clayton State Representative, District 97

Douglas State Representative, District 98

Douglas State Representative, District 99

Carroll

State Representative, District 100

Carroll

State Representative, District 101

Harris

State Representative, District 102

Coweta State Representative, District 103

Coweta State Representative, District 104

Fayette

State Representative, District 105

Spalding State Representative, District 106

Spalding State Representative, District 107

Henry

State Representative, District 108

Henry

State Representative, District 109

Monroe State Representative, District 110

Greene

State Representative, District 111

Columbia State Representative, District 112

Columbia State Representative, District 113

Richmond State Representative, District 114

Richmond State Representative, District 115

Burke

State Representative, District 116

Richmond State Representative, District 117

Richmond State Representative, District 118

Richmond State Representative, District 119

Hancock State Representative, District 120

Washington State Representative, District 121

Baldwin State Representative, District 122

Twiggs State Representative, District 123

Bibb

State Representative, District 124

Bibb

State Representative, District 125

Bibb

State Representative, District 126

Bibb

State Representative, District 127

Peach

State Representative, District 128

Pike

State Representative, District 129

MONDAY, JANUARY 8, 2001

5

Jeffrey Warner Brown Carl Von Epps Connie Danae Roberts Carolyn F. Hugley Maretta Mitchell Taylor Thomas B. Buck III Calvin Smyre James Marvin Skipper, Jr. Johnny W. Floyd Pamela Bohannon Lynmore James Larry Walker Terry L. Coleman Stephen DuBose Porter Larry J. "Butch" Parrish Craig Wallace Lanier Robert Emory Lane Ann R. Purcell Lester George Jackson, III Dorothy B. Pelote (Ron) James Ronald Stephens Thomas C. Bordeaux, Jr. Anne Mueller Cecil Burke Day, Jr. Terry E. Barnard Gregory Adam Morris Newt Hudson Bobby Ray Holland, Jr. Gerald E. Greene Robert P. Hanner Hugh D. Broome, Jr. Winfred Dukes Lawrence R. Roberts H. Doug Everett A. Richard Royal James Austin Scott Lillian Penelope (Penny) Houston Charles (Chuck) Neil Sims, Jr. Michael P. Boggs Tommy Ray Smith Roger C. Byrd George Hinson Mosley Homer M. (Buddy) DeLoach

Troup Troup Muscogee Muscogee Muscogee Muscogee Muscogee Sumter Crisp Houston Macon Houston Dodge Laurens Emanuel Candler Bulloch Effingham Chatham Chatham Chatham Chatham Chatham Chatham Tattnall Toombs Wilcox Turner Randolph Terrell Seminole Dougherty Dougherty Dougherty Mitchell Tift Berrien Coffee Ware Bacon Jeff Davis Wayne Liberty

State Representative, District 130 State Representative, District 131 State Representative, District 132 State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172

6

JOURNAL OF THE HOUSE

Eugene Ceasar Tillman Jerry L. Keen Charlie C. Smith, Jr. James S. Shaw Ronald Michael Borders Calvin Ellis Black Wallace E. Sholar John D. Bulloch, Jr.

Glynn Glynn Camden Lanier Lowndes Lowndes Grady Thomas

State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180

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

Allen Amerson Anderson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Bordeaux Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Channell Childers Coan Coleman, B Coleman, T Collins Connell Cooper

Cox Crawford Cummings Davis Day Dean Deloach, B Deloach, G Dix Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Golick Graves Greene Hammontree Hanner Harbin Harrell Heard Heckstall Hembree Henson Hines Holland Holmes Houston Howard Hudgens Hudson, H

Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Maddox Mangham Mann Manning Martin Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley

Mueller Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter Powell Purcell Ragas Randall Ray Reece Reed Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, B

Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Williams Wix Yates Murphy, Speaker

MONDAY, JANUARY 8, 2001

7

The following oath of office was administered to the Representatives-elect by the Honorable Donald B. Howe, Jr., Judge, Superior Court, Douglas County, Georgia.
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 judgement, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
The next order of business being the election of the Speaker of the House for the 2001-2002 term, Representative Walker of the 141st placed in nomination the name of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Skipper of the 137th.
Representative Stancil of the 16th placed in nomination the name of the Honorable Lynn A. Westmoreland of the 104th, which nomination was seconded by Representative Cox of the 105th.
Representative Walker of the 141st moved that the nominations be closed.
The motion prevailed.
The election of the Speaker was ordered on the roll call machine. Those voting for Representative Murphy voted "aye". Those voting for Representative Westmoreland voted "nay".
The vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell

N Cox N Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G

Y Hudson, N Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

N Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag

Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling

8
Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Snow Y Squires Y Stallings N Stancil E Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates Y Murphy, Speaker

On the election of the Speaker, The Honorable Thomas B. Murphy received 104 votes and the Honorable Lynn A. Westmoreland received 74 votes.
The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, is hereby declared elected Speaker of the House for the ensuing term.
Due to a mechanical malfunction, the vote of Representative Roberts of the 162nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives DeLoach of the 172nd, Greene of the 158th, Hudson of the 120th, McCall of the 90th, Rogers of the 20th, Taylor of the 134th, Watson of the 70th and West of the 101st.
The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.

MONDAY, JANUARY 8, 2001

9

The next order of business being the election of a Clerk of the House for the 20012002 term, Representative Buck of the 135th placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Smith of the 103rd.
Representative Walker of the 141st moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 179 votes, being the entire vote of the membership present.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Burkhalter of the 41st, Coleman of the 142nd, Manning of the 32nd, McKinney of the 51st, Royal of the 164th, Sims of the 167th, Sinkfield of the 57th and Twiggs of the 8th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Thomas B. Murphy, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.

The following Resolutions of the House were read and adopted:

10 HR 3.

JOURNAL OF THE HOUSE 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 4. By Representative Walker of the 141st

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 2000 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 2001 session and for the duration of this General Assembly.

The next order of business being the election of a Speaker Pro Tem for the House for the 2001-2002 term, the name of the Honorable Jack Connell of the 115th was placed in nomination by Representative Smyre of the 136th, which nomination was seconded by Representative McBee of the 88th.
Representative Hudgens of the 24th placed in nomination the name of the Honorable Bob Snelling of the 99th, which nomination was seconded by Representative Unterman of the 84th.
Representative Walker of the 141st moved that the nominations be closed.
The motion prevailed.
The election of the Speaker Pro Tem was ordered on the roll call machine. Those voting for Representative Connell voted "aye". Those voting for Representative Snelling voted "nay".

MONDAY, JANUARY 8, 2001

The vote was as follows:

Y Allen N Amerson Y Anderson N Ashe N Bannister N Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford Y Cummings Y Davis N Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines 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 Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert
Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

11
Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil E Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates Y Murphy, Speaker

On the election of the Speaker Pro Tem, the Honorable Jack Connell received 105 votes, and the Honorable Bob Snelling received 73 votes.
The Honorable Jack Connell of the 115th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tem of the House for the ensuing term.
Due to a mechanical malfunction, the vote of Representative Davis of the 60th was recorded as "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:

12

JOURNAL OF THE HOUSE

Representatives Heard of the 89th, Howard of the 118th, Jamieson of the 22nd, Martin of the 47th, McCall of the 90th, Mosley of the 171st, Reece of the 11th and West of the 101st.
The Honorable Jack Connell of the 115th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him Speaker Pro Tem of the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 5. By Representative Walker of the 141st
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2001 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
PART 1 SECTION 1-1.
Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers,

MONDAY, JANUARY 8, 2001

13

committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
PART 2 SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the Houses office, the Clerk of the House is authorized to employ for the Clerks office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the Houses office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the legislative branch of state government. During the Clerks tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3 SECTION 3-1.

14

JOURNAL OF THE HOUSE

Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the Houses Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the Houses Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
PART 4 SECTION 4-1.
During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2. (a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year. (b) In addition to the days provided for in subsection (a) of this section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one-day recess or adjournment during a regular session; and (2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered by the weekly round trip) for legislative members of interim legislative committees, if such member has engaged in legislative business on that day, but not otherwise.

MONDAY, JANUARY 8, 2001

15

SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
PART 5 SECTION 5-1.
During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as the Speaker might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
PART 6 SECTION 6-1.
The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of

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Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the Houses office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the Houses Office.
SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.

HR 6. By Representative Walker of the 141st

A RESOLUTION
Providing for a special joint session for the recognition of 250 Years of Representative Government in Georgia; and for other purposes.
WHEREAS, the Colony of Georgia was established by royal Charter which was approved by the Privy Council in January 1732, signed by King George II on April 21, 1732, and witnessed at Westminster "by Writ of Privy Seal" on June 9, 1732; and
WHEREAS, the Charter provided that the colony was subject to governance by Trustees; and
WHEREAS, a resolution of the Common Council of Trustees, dated March 19, 1750, authorized for the first time in Georgia the holding of an assembly of elected representatives to present grievances and representations to the Trustees and officers of the colony; and
WHEREAS, on December 15, 1750, writs were issued for the holding of elections for the selection of representatives; and
WHEREAS, the first assembly of elected representatives was convened on January 15, 1751, in Savannah and consisted of 16 members selected from 11 districts; and
WHEREAS, this assembly could not enact laws or appropriate money but was created for

MONDAY, JANUARY 8, 2001

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the purpose of advising the Trustees on the feelings of Georgia colonists; and
WHEREAS, this assembly marked the birth of elected representative government in Georgia and was the predecessor of the General Assembly of Georgia; and
WHEREAS, the State of Georgia and its local governmental bodies are founded on the will of the people and the people of this state recognize their inherent right and responsibility to regulate their government and select their public officials; and
WHEREAS, in recognition of 250 Years of Representative Government in Georgia, an appropriate, year-long observance of the benefits of representative government on the state and local levels should be undertaken by the citizens of Georgia and their governmental institutions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize 250 Years of Representative Government in Georgia and hereby call on the citizens of Georgia to observe this historic milestone with appropriate celebrations and observances throughout 2001.
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 3:00 P.M. on Monday, January 8, 2001, for the purpose of appropriate ceremonies commencing this years observances.
BE IT FURTHER RESOLVED that distinguished guests invited to participate in such joint session shall include His Excellency the Governor, British Consul General Peter Marshall, Poet Laureate of Georgia David Bottoms, the Secretary of State, the Justices of the Supreme Court and the Judges of the Court of Appeals and retired Justices and Judges of these Courts, former members of the General Assembly, and other distinguished guests as may be designated by the presiding officer of the Senate or House.

HR 7. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the 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

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House of Representatives and the Senate at 11:00 A.M., Thursday, January 11, 2001, 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 8. 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 12, 2001, 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

MONDAY, JANUARY 8, 2001

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the Supreme Court, and to each Judge of the Court of Appeals.

The next order of business being the election of a Doorkeeper of the House for the 2001-2002 term, Representative Royal of the 164th placed in nomination the name of the Honorable Ward Edwards, which nomination was seconded by Representative Floyd of the 138th.
Representative Skipper of the 137th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ward Edwards received 179 votes, being the entire vote of the membership present.
The Honorable Ward Edwards was thereby declared elected Doorkeeper of the House for the ensuing term.
The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:
Representatives Dukes of the 161st, Greene of the 158th, Holland of the 157th, Houston of the 166th, Hudson of the 156th, James of the 140th, Shaw of the 176th and Sholar of the 179th.
The Honorable Ward Edwards was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.
The next order of business being the election of a Messenger of the House for the 2001-2002 term, Representative Hanner of the 159th placed in nomination the name of the Honorable Don Castleberry, which nomination was seconded by Representative Greene of the 158th.
Representative Walker of the 141st moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Don Castleberry received 179 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:

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Representatives Birdsong of the 123rd, Hudson of the 156th, Hugley of the 133rd, Lucas of the 124th, Purcell of the 147th, Shanahan of the 10th, Stuckey of the 67th and Twiggs of the 8th.
The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.

The 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:

SR 2.

By Senator Starr of the 44th:

A resolution to notify the House of Representatives that the Senate has convened.

SR 4.

By Senator Starr of the 44th:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The President has appointed as a committee of notification on the part of the Senate the following: Senators Starr of the 44th, Walker of the 22nd, Dean of the 31st, Ragan of the 11th, Johnson of the 1st, Stephens of the 51st and Price of the 56th.

SR 5.

By Senator Starr of the 44th: A resolution relative to adjournment.

The Senate has adopted by the requisite constitutional majority, the following resolution of the House:

MONDAY, JANUARY 8, 2001

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HR 6.

By Representative Walker of the 141st: A RESOLUTION providing for a special joint session for the recognition of 250 Years of Representative Government in Georgia; and for other purposes.

The President has appointed as an escort committee the following: Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st, Burton of the 5th, Thompson of the 33rd, Tanksley of the 32nd, and Stokes of the 43rd.

The following Resolution of the Senate was read and adopted:

SR 4.

By Senator Starr of the 44th:

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

HR 11.

By Representative Cox of the 105th:
A RESOLUTION commending the McIntosh High School Lady Chiefs and Chiefs soccer teams and inviting the teams and coaches to appear before the House of Representatives; and for other purposes.

HR 12.

By Representative Cox of the 105th: A RESOLUTION commending the 2000 Girls and Boys Varsity Soccer

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Teams of Starr's Mill High School and inviting the teams and their coaches to appear before the House of Representatives; and for other purposes.

HR 13.

By Representative Royal of the 164th:
A RESOLUTION inviting the coaches and players of the Westwood Wildcats High School football team to appear before the House of Representatives; and for other purposes.

The Speaker announced the following committee assignments:

AGRICULTURE & CONSUMER AFFAIRS

Ray, Robert - Chairman Floyd, Johnny - Vice-Chairman
Purcell, Ann R. - Secretary

Anderson, Alberta J. (D) Black, Ellis (D) Bulloch, John (R) Crawford, Mack (R) Greene, Gerald E. (D) Houston, Penny (D) Hudson, Sistie (D) James, Lynmore (D) Keen, Jerry (R) McCall, Tom (D)

Mills, James (R) Pinholster, Garland F. (R) Reese, Bobby C. (R) Sanders, Bill (R) Scott, Austin (R) Sholar, Wallace (D) Sims, Chuck (D) Smith, Bob (R) Unterman, Rene'e S. (R)

APPROPRIATIONS

Coleman, Terry - Chairman Greene, Gerald E. - Vice-Chairman
West, Jack - Secretary

Bannister, Charles E. (R) Barnard, Terry E. (R) Brooks, Tyrone (D) Buck, Thomas B., III -Ex-Officio (D) Buckner, Gail M. (D)

McBee, Louise (D) McKinney, James E. "Billy" (D) Mosley, Hinson (D) Mueller, Anne (R) Orrock, Nan Grogan (D)

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Campbell, Tom (R) Cash, Steve (R) Channell, Mickey (D) Childers, Buddy (D) Connell, Jack (D) Crawford, Mack (R) Cummings, Bill (D) Day, Burke (R) DeLoach, Buddy (I) Ehrhart, Earl (R) Floyd, Johnny (D) Hanner, Bob (D) Harbin, Ben L. (R) Heard, Keith G. (D) Henson, Michele (D) Holland, Ray (D) Holmes, Bob (D) Howard, Henry (D) Hudson, Newt (D) Jamieson, Jeanette (D) Jenkins, Curtis S. (D) Lane, Bob (D) Lucas, David E., Sr. (D) Manning, Judy (R) Martin, Jim (D)

Parrish, Butch (D) Parsons, Don (R) Porter, DuBose (D) Powell, Alan (D) Purcell, Ann R. (D) Ray, Robert (D) Roberts, Lawrence R. (D) Rogers, Carl (D) Royal, Richard - Ex-Officio (D) Scheid, Chuck (R) Shaw, Jay (D) Sinkfield, Georganna (D) Smith, Charlie, Jr. (D) Smith, "Lynn" Ratigan (R) Smith, Paul (D) Smith, Tommy (D) Smyre, Calvin (D) Snow, Mike (D) Stancil, Steve (R) Stephens, Ron (R) Tillman, E.C..(D) Twiggs, Ralph (D) Walker, Larry (D) Westmoreland, Lynn (R) Yates, John P. (R)

BANKS & BANKING

Parrish, Butch - Chairman Stallings, Tracy - Vice-Chairman
Ragas, Arnold - Secretary

Anderson, Alberta J. (D) Ashe, Kathy (R) Borders, Ron (D) Bridges, Ben (R) Cash, Steve (R) Coan, Mike (R) Ehrhart, Earl (R) Epps, Carl Von (D) Floyd, Johnny (D) Franklin, Bobby (R)

Lewis, Jeff (R) Massey, Warren (R) McKinney, James E. "Billy" (D) Mills, James (R) Rice, Tom (R) Sailor, Ron (D) Scheid, Chuck (R) Seay, Valencia (D) Sinkfield, Georganna (D) Stanley, Pam (D)

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Hudgens, Ralph T. (R) James, Lynmore (D)

JOURNAL OF THE HOUSE Wix, Don (D)

CHILDREN & YOUTH

Sinkfield, Georganna T. - Chairman Buckner, Gail M. - Vice-Chairman
McClinton, Jo Ann - Secretary

Anderson, Alberta J. (D) Bulloch, John (R) Burmeister, Sue (R) Callaway, Gene (R) Dodson, Ron (D) Harrell, Sally (D) Jordan, Darryl (D)

Lunsford, John (R) Mangham, Randal (D) Millar, Fran (R) Roberts, Danae (R) Smith, Bob (R) Smith, Clint (R) Taylor, Maretta Mitchell (D)

Bunn, Barbara J. (R) Callaway, Gene (R) Heckstall, Joe (D) Hembree, Bill (R) Johnson, Terry (D)

DEFENSE & VETERANS AFFAIRS
Birdsong, Ken - Chairman Roberts, Lawrence R. - Vice-Chairman
Sims, Chuck - Secretary
Mann, Harold (R) Poag, Charles Judy (D) Reese, Bobby C. (R) Smith, Clint (R) Squires, Mary Hodges (D)

EDUCATION

Jamieson, Jeanette - Chairman Taylor, Maretta Mitchell - Vice-Chairman
Smith, Charlie - Secretary

Amerson, Amos (R) Ashe, Kathy (R) Barnes, Mike (D) Cash, Steve (R) Coleman, Brooks P., Jr. (R)

Kaye, Mitchell (R) Millar, Fran (R) Pelote, Dorothy B. (D) Porter, DuBose (D) Reece, Barbara Massey (D)

Cox, Kathy (R) Harrell, Sally (D) Houston, Penny (D) Hugley, Carolyn (D) Jordan, Darryl (D)

MONDAY, JANUARY 8, 2001

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Reed, Kasim (D) Rice, Tom (R) Snelling, Bob (R) Williams, Jeffrey L. "Jeff" (R)

Connell, Jack (D) Ehrhart, Earl (R) Martin, Jim (D) Mueller, Anne (R) Pinholster, Garland (R)

ETHICS
Bordeaux, Tom - Chairman
Skipper, Jimmy (D) Smyre, Calvin (D) Stanley-Turner, LaNett (D) Walker, Larry (D) Westmoreland, Lynn (R)

GAME, FISH & PARKS

Lane, Bob - Chairman Poag, Charles Judy - Vice-Chairman
Stanley, Pam - Secretary

Amerson, Amos (R) Barnes, Mike (D) Davis, J. Max (R) DeLoach, George L. (R) Jordan, Darryl (D)

Joyce, Brian (R) Keen, Jerry (R) Morris, Greg (D) Stokes, Jim (D) Walker, Len (R)

Boggs, Mike (D) Bohannon, Pam (R) Borders, Ron (D) Burmeister, Sue (R)

GOVERNMENTAL AFFAIRS
Holmes, Bob - Chairman Hudson, Sistie - Vice-Chairman
Watson, Stan - Secretary
DeLoach, Buddy (I) Hines, Roger (R) Scott, Austin (R)

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JOURNAL OF THE HOUSE

HEALTH & ECOLOGY

Childers, Buddy - Chairman Orrock, Nan Grogan - Vice-Chairman
Jackson, Lester - Secretary

Beasley Teague, Sharon (D) Bordeaux, Tom (D) Brown, Jeff (R) Cox, Kathy (R) Dean, Douglas C. (D) Drenner, Karla (D) Graves, David Baugh (R) Hembree, Bill (R) Henson, Michele (D) Hudson, Sistie (D) Irvin, Bob (R) Jennings, Paul (R) Lunsford, John (R)

Massey, Warren (R) McClinton, Jo Ann (D) McKinney, James E. "Billy" (D) Millar, Fran (R) Parham, Bobby Eugene (D) Parsons, Don (R) Randall, Nikki T. (D) Smith, Clint (R) Smith, Tommy (D). Unterman, Rene'e S. (R) Walker, Len (R) West, Jack (D) Wilkinson, Joe (R)

HIGHER EDUCATION
Porter, DuBose - Chairman McBee, Louise - Vice-Chairman Mobley, Barbara J. - Secretary

Bell, Pat (D) Borders, Ron (D) Bridges, Ben (R) Buck, Thomas B., III (D) Collins, Ginger (I) Connell, Jack (D) Cooper, Sharon (R) Dukes, Winfred J. (D) Hammontree, Allen (R)

Hembree, Bill (R) Pelote, Dorothy B. (D) Pinholster, Garland F. (R) Roberts, Danae (R) Scott, Austin (R) Smyre, Calvin (D) Stallings, Tracy (D) Wiles, John (R)

HUMAN RELATIONS & AGING
Byrd, Roger - Chairman Tillman, E.C. - Vice-Chairman
Harrell, Sally - Secretary

MONDAY, JANUARY 8, 2001

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Brown, Jeff (R) Seay, Valencia (D)

Smith, Vance, Jr. (R) Walker, Len (R)

INDUSTRIAL RELATIONS

Smith, Paul - Chairman Howard, Henry L. - Vice-Chairman
Turnquest, Henrietta - Secretary

Allen, Ben (D) Bannister, Charles E. (R) Bordeaux, Tom (D) Bunn, Barbara J. (R) Coan, Mike (R) Drenner, Karla (D) Hammontree, Allen (R) Irvin, Bob (R)

Maddox, George (D) Mann, Harold (R) Martin, Jim (D) Orrock, Nan Grogan (D) Sailor, Ron (D) Sanders, Bill (R) Stephens, Ron (R) Wilkinson, Joe (R)

Bell, Pat (D) Brown, Jeff (R) Buckner, Gail M. (D) Burkhalter, Mark (R) Byrd, Roger (D) Cooper, Sharon (R) Cox, Kathy (R) DeLoach, George L. (R) Dukes, Winfred J. (D) Everett, Doug (R) Houston, Penny (D) Hudgens, Ralph T. (R) Hugley, Carolyn (D)

INDUSTRY
Hudson, Newt - Chairman Powell, Alan - Vice-Chairman
Reichert, Robert - Secretary
Jackson, Bill (R) Johnson, Terry (D) Lewis, Jeff (R) Mangham, Randal (D) Mosley, Hinson (D) Parsons, Don (R) Ray, Robert (D) Richardson, Glenn (R) Skipper, Jimmy (D) Smith, Bob (R) Snow, Mike (D) Williams, Jeffrey L. "Jeff" (R) Wix, Don (D)

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JOURNAL OF THE HOUSE

INSURANCE

Lord, Jimmy - Chairman Henson, Michele - Vice-Chairman
Heard, Keith G. - Secretary

Bannister, Charles E. (R) Bohannon, Pam (R) Dodson, Ron (D) Forster, Ronald (R) Golick, Rich (R) Harbin, Ben L. (R) Hugley, Carolyn (D) Keen, Jerry (R) Knox, Tom (R)

Lucas, David E., Sr. (D) Maddox, George (D) Shaw, Jay (D) Stanley, Pam (D) Turnquest, Henrietta E. (D) Watson, Stan (D) Wilkinson, Joe (R) Willard, Wendell (R)

Cummings, Bill (D)

INTERSTATE COOPERATION
Greene, Gerald - Chairman Stanley-Turner, LaNett - Vice-Chairman
Jenkins, Curtis S. (D)

INTRA-GOVERNMENTAL COORDINATION

Orrock, Nan Grogan - Chairman

Channell, Mickey (D) Connell, Jack (D) Heard, Keith G. (D) Henson, Michele (D)

Lane, Bob (D) Mosley, Hinson (D) Pelote, Dorothy B. (D) Taylor, Maretta Mitchell (D)

Bohannon, Pam (R)

JOURNALS
Teper, Doug - Chairman Maddox, George - Vice-Chairman
West, Jack E. - Secretary
Collins, Ginger (I)

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Boggs, Mike (D) Campbell, Tom (R) Crawford, Mack (R) Davis, J. Max (R) Dix, Scott (R) Hammontree, Allen (R) Massey, Warren (R) Ragas, Arnold (D) Reed, Kasim (D)

JUDICIARY
Martin, Jim - Chairman Bordeaux, Tom - Vice-Chairman
Allen, Ben - Secretary
Reichert, Robert (D) Richardson, Glenn (R) Squires, Mary Hodges (D) Stokes, Jim (D) Stuckey, Stephanie (D) Teper, Doug (D) Walker, Larry (D) Wiles, John (R) Willard, Wendell (R)

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT

Smith, Tommy - Chairman Shaw, Jay - Vice-Chairman Epps, Carl Von - Secretary

Bunn, Barbara J. (R) Burkhalter, Mark (R) Coan, Mike (R) Dix, Scott (R) Dodson, Ron (D) Everett, Doug (R) Franklin, Bobby (R) Hanner, Bob (D) Harbin, Ben L. (R) Holland, Ray (D) Hudgens, Ralph T. (R)

Jackson, Lester (D) Lewis, Jeff (R) Purcell, Ann R. (D) Ragas, Arnold (D) Reece, Barbara Massey (D) Reed, Kasim (D) Rogers, Carl (D) Stanley-Turner, LaNett (D) Stuckey, Stephanie (D) Westmoreland, Lynn A. (R) Yates, John (R)

MARTOC (JOINT)

McKinney, James E. "Billy" - Chairman

Ashe, Kathy (R) Buck, Thomas B., III - Ex-Officio (D)

McClinton, Jo Ann (D) Royal, A. Richard - Ex-Officio (D)

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JOURNAL OF THE HOUSE

Maddox, George (D)

Teper, Doug (D)

MOTOR VEHICLES

Parham, Bobby Eugene - Chairman Powell, Alan - Vice-Chairman
Beasley-Teague, Sharon - Secretary

Bulloch, John (R) Rice, Tom (R) Roberts, Lawrence R. (D)

Sailor, Ron (D) Wiles, John (R) Yates, John P. (R)

NATURAL RESOURCES & ENVIRONMENT

Hanner, Bob - Chairman James, Lynmore - Vice-Chairman
McCall, Tom - Secretary

Amerson, Amos (R) Barnard, Terry E. (R) Bridges, Ben (R) Broome, Hugh (D) Coleman, Brooks P., Jr. (R) Coleman, Terry (D) Cooper, Sharon (R) DeLoach, Buddy (I) Franklin, Bobby (R) Hines, Roger (R) Jackson, Bill (R) Johnson, Terry (D) Lanier, Craig (R) Lane, Bob (D) Lord, Jimmy (D)

Mann, Harold (R) Manning, Judy (R) Morris, Greg (D) Mueller, Anne (R) Rogers, Carl (D) Royal, A. Richard (D) Scheid, Chuck (R) Shanahan, Tom E. (D) Smith, "Lynn" Ratigan (R) Squires, Mary Hodges (D) Stokes, Jim (D) Stuckey, Stephanie (D) Tillman, E.C. (D) Twiggs, Ralph (D)

Boggs, Mike (D)

PUBLIC SAFETY
Snow, Mike - Chairman Jenkins, Curtis S. - Vice-Chairman
Poag, Charles Judy - Secretary
Forster, Ronald (R)

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Coleman, Terry (D) Day, Burke (R)

Lanier, Craig (R)

REGULATED BEVERAGES

Epps, Carl Von - Chairman Beasley-Teague, Sharon - Vice-Chairman
Reichert, Robert - Secretary

Allen, Ben (D) DeLoach, George L. (R)

Graves, David Baugh (R) Knox, Tom (R)

RETIREMENT

Cummings, Bill - Chairman McBee, Louise - Vice-Chairman
Shanahan, Tom E. - Secretary

Black, Ellis (D) Brooks, Tyrone (D) Broome, Hugh (D) Coleman, Brooks P., Jr. (R) Dukes, Winfred J. (D) Hines, Roger (R) Jackson, Lester (D)

Kaye, Mitchell (R) Lunsford, John (R) Manning, Judy (R) Mills, James (R) Smith, Vance, Jr. (R) Stallings, Tracy (D)

RULES

Smyre, Calvin - Chairman Skipper, Jimmy - Vice-Chairman Stanley-Turner, LaNett - Secretary

Birdsong, Ken (D) Buck, Thomas B., III (D) Burkhalter, Mark (R) Byrd, Roger (D) Campbell, Tom (R) Childers, Buddy (D) Connell, Jack (D) Davis, J. Max (R)

Holmes, Bob (D) Hudson, Newt (D) Mueller, Anne (R) Parham, Bobby Eugene (D) Parrish, Butch (D) Smith, Charlie, Jr. (D) Stancil, Steve (R) Teper, Doug (D)

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Dix, Scott (R) Ehrhart, Earl (R) Holland, Ray (D)

JOURNAL OF THE HOUSE
Walker, Larry (D) Westmoreland, Lynn A. (R)

Callaway, Gene (R) Dean, Douglas C. (D) Forster, Ron (R) Golick, Rich (R) Jackson, Bill (R) Joyce, Brian (R) Knox, Tom (R)

SPECIAL JUDICIARY
Jenkins, Curtis S. - Chairman Mobley, Barbara J. - Vice-Chairman
Heckstall, Joe - Secretary
Mangham, Randal (D) Randall, Nikki T. (D) Reese, Bobby C. (R) Taylor, Maretta Mitchell (D) Turnquest, Henrietta E. (D) Watson, Stan (D)

SPECIAL RULES (POLICY)

Murphy, Mr. Speaker - Chairman

Buck, Thomas B., III (D) Connell, Jack (D) Floyd, Johnny (D) Holland, Ray (D) Pelote, Dorothy B. (D)

Purcell, Ann R. (D) Skipper, Jimmy (D) Smyre, Calvin (D) Stanley-Turner, LaNett (D) Walker, Larry (D)

STATE INSTITUTIONS & PROPERTY

Lucas, Sr., David E. - Chairman Brooks, Tyrone - Vice-Chairman
Sholar, Wallace - Secretary

Barnard, Terry E. (R) Dean, Douglas C. (D) Everett, Doug (R) Golick, Rich (R)

Joyce, Brian (R) Lord, Jimmy (D) Reece, Barbara Massey (D)

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STATE PLANNING & COMMUNITY AFFAIRS

Royal, A. Richard - Chairman Shanahan, Tom E. - Vice-Chairman
Heckstall, Joe - Secretary

Black, Ellis (D) Broome, Hugh (D) Collins, Ginger (I) Howard, Henry L. (D) Irvin, Bob (R) Lanier, Craig (R) McClinton, Jo Ann (D)

Randall, Nikki T. (D) Richardson, Glenn (R) Roberts, Danae (R) Sholar, Wallace (D) Smith, "Lynn" Ratigan (R) Stancil, Steve (R) Willard, Wendell (R)

TRANSPORTATION

Twiggs, Ralph - Chairman Channell, Mickey - Vice-Chairman
Wix, Don - Secretary

Barnes, Mike (D) Bell, Pat (D) Birdsong, Ken (D) Burmeister, Sue (R) Drenner, Karla (D) Irvin, Bob (R) Jennings, Paul (R) McCall, Tom (D) Mobley, Barbara J. (D) Morris, Greg (D) Mosley, Hinson (D)

Pelote, Dorothy B. (D) Pihnolster, Garland F. (R) Sanders, Bill (R) Seay, Valencia (D) Smith, Paul E. (D) Smith, Vance, Jr. (R) Snelling, Bob (R) Stephens, Ron (R) Unterman, Rene'e S. (R) Williams, Jeffrey L. "Jeff" (R)

Ashe, Kathy (R) Channell, Mickey (D)

WAYS & MEANS
Buck, Thomas B., III - Chairman Royal, A. Richard - Vice-Chairman
Sims, Chuck - Secretary
Heard, Keith G. (D) Jamieson, Jeanette (D)

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Coleman, Terry - Ex-Officio (D) Cummings, Bill (D) Day, Burke (R) Graves, David Baugh (R) Greene, Gerald (D) - Ex-Officio

Jennings, Paul (R) Kaye, Mitchell (R) Skipper, Jimmy (D) Snelling, Bob (R) Stanley-Turner, LaNett (D)

The following communications were received:

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334
March 23, 2000
The Honorable Roy E. Barnes Governor, State of Georgia State Capitol Atlanta, GA. 30334
Dear Governor Barnes:
Please accept this letter as my letter of resignation from the Office of State Representative of District 109. My resignation will become effective March 31, 2000 at 11:00 p.m.
Thank you for appointing me to the State Board of Workers' Compensation. I assure you that I will do my best and I appreciate your confidence in me. I appreciate the hard work and dedication that you put forth on behalf of the citizens of Georgia.
Sincerely yours, /s/ Larry Smith
State Representative District 109
LS/ah

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900

MONDAY, JANUARY 8, 2001

35

Roy E. Barnes Governor

March 23, 2000

The Hon. Larry Smith Representative, District 109 P.O. Box 1155 Jackson, Georgia 30233
Dear Representative Smith:
This letter will acknowledge receipt of your recent correspondence in which you tendered your resignation as the State Representative of District 109. By copy of this letter, your resignation, effective March 31, 2000 at 11:00 p.m., is hereby accepted.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.

Sincerely, /s/ Roy E. Barnes
REB/zsk
cc: The Honorable Cathy Cox, Secretary of State of Georgia

OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
April 4, 2000

TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE EIGHTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT EIGHTH DISTRICT STATE TRANSPORTATION BOARD MEMBER

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Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing a member of the State Transportation Board from the Eighth Congressional District to fill a vacancy from that district on the board. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, April 20, 2000, at 10:00 A.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.
Sincerely, /s/ Wayne R. Allen
Assistant Legislative Counsel
WRA:jp

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 14, 2000

Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bill 1361 which was passed by the General Assembly of Georgia in the 2000 Regular Session.
Article III, Section V, Paragraph XII of the Georgia Constitution requires that I transmit this bill to you, together with a list of reasons for such vetoes. The bill and corresponding reasons for its veto are attached.
Sincerely, /s/ Roy E. Barnes

MONDAY, JANUARY 8, 2001

37

REB/lpt
Attachments
cc: Honorable Mark Taylor, Lieutant Governor Honorable Robert E. Rivers, Jr. Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brunby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State
VETO MESSAGE NO. 7 HB 1361
House Bill 1361 contains a variety of Election Code provisions which were attached in the waning hours of the General Assembly session to a bill which provided that "every newspaper company, billboard 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 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 such publication, broadcast, display, or dissemination of a political advertisement."
While I am aware of the fact that much meritorious material was added to this bill, the provision quoted in part above cannot be allowed to become the law of this state. I believe such a law is unconstitutional under the teachings of McIntyre v. Ohio, 514 U.S. 334, 115 S.Ct 1511 (1995). A narrowly tailored law which requires disclosure where an advertisement advocates the election or defeat of a particular candidate may be permissible in the interest of the prevention of corruption. But this legislation applies to all political speech cast as a paid advertisement, without regard to any identifiable governmental interest. The right of the individual to publish his or her political views anonymously, or to pay for that publication where the individual does not have the luxury of owning a newspaper or billboard, is a bulwark against tyranny of every persuasion. The authors of the Constitution of the United States published their commentaries in favor of its adoption under the pseudonym "Publius." History teaches us that we are seldom wiser than our forefathers in matters such as this.
I am also disturbed by the vague language of this bill. For instance, the identification requirement applies only where a company "distributes" the advertisement "in a publication". It is not clear whether commercial e-mails or internet web sites are "publication" which a company "distributes." The bill offers no guidance. So bereft is this legislation of definitions that the meaning of "company" is not even clear. Does this

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provision apply to a sole proprietor publishing a small-town newspaper or sponsoring a website? To a limited partnership? Where the state seeks to regulate free speech, the regulation must be carefully tailored to a precise, acceptable, and clearly stated purpose. This legislation does not discharge that responsibility. It is not precise. And its underlying premise, that the identities of all persons wishing to express their views in political advertisements must be revealed under penalty of law is not acceptable. Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation and their ideas from expressing and publishing a point of view for fear of reprisal is more than sufficient reason to proscribe its adoption. Therefore, I VETO HB 1361.
This 14th day of April, 2000.
/s/ Roy E. Barnes Governor

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 17, 2000
The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 1162.
Section 11, pertaining to the State Board of Education, page 12, line 522 and Page 13, line 556.

MONDAY, JANUARY 8, 2001

39

Section 40, pertaining to the Department of Administrative Services, page 36, lines 1638 through 1640
Section 51, pertaining to the Department of Transportation, page 64, lines 2858 through 2861
Section 60, pertaining to Federal Funds, page 67, lines 2958 through 2962
The veto messages are attached for each item referenced above.
Sincerely, /s/ Roy E. Barnes
REB/lpt Attachments cc: Honorable Robert E. Rivers, Jr.
Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brunby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State
Vetoes in House Bill 1162
Section 11, pertaining to the State Board of Education, page 12, line 522 and page 13, line 556:
Provide funds for a new student information and fund accounting system, $30,000,000 in state funds, and provide funds for software and hardware associated with the new student information system, $20,000,000 in Lottery funds.
These items together provide the funds to begin development of the student information and fund accounting systems necessary to implement HB 1187. Although the initial intent was to place this function in the Department of Education, a decision was made subsequently to assign it to the State Data Research Center under the Board of Regents. The revenue estimate for FY 2001 was adjusted in anticipation that the funds appropriated in HB 1162 would not be spent for these purposes and would lapse.
Section 40, pertaining to the Department of Administrative Services, page 36, lines 1638 through 1640:
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

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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 51, pertaining to the Department of Transportation, page 64, lines 2858 through 2861:
This language authorized 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 the Office of Planning and Budget have approved a properly drawn amendment to the annual operating 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 60, pertaining to Federal Funds, page 67, lines 2958 through 2962:
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.

OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
April 21, 2000
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:

MONDAY, JANUARY 8, 2001

41

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Harry D. Dixon was elected as a member of the State Transportation Board from the Eighth Congressional District to succeed Honorable Frank C. Pinkston. He will serve for the remainder of the term 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
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable Harry D. Dixon Honorable Hugh M. Gillis, Sr. Honorable Jay Shaw Mr. Wayne Shackelford Mr. Tom Coleman 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 Harry D. Dixon 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 Eighth Congressional District to succeed Honorable Frank C. Pinkston. He will serve for the remainder of the term expiring April 15, 2005.
This 21st day of April, 2000.

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

The General Assembly State Capitol Atlanta
April 21, 2000
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor and Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on April 20, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Harry D. Dixon was elected as a member of the State Transportation Board from the Eighth Congressional District to succeed Honorable Frank C. Pinkston. He will serve for the remainder of the term expiring April 15, 2005.
Respectfully submitted, /s/ Hugh M. Gillis, Sr.
Senator, 20th District Chairman Eighth Congressional District Caucus
/s/ Jay Shaw Representative, 176th District Secretary Eighth Congressional District Caucus

MONDAY, JANUARY 8, 2001

43

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 28, 2000
Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bill 1182 which was passed by the General Assembly of Georgia in the 2000 Regular Session.
Article III, Section V, Paragraph XII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such vetoes. The bill and corresponding reasons for its veto are attached.
Sincerely, /s/ Roy E. Barnes
REB/lpt Attachments cc: Honorable Mark Taylor, Lieutant Governor
Honorable Robert E. Rivers, Jr. Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State
VETO MESSAGE NO. 8 HB 1182
House Bill 1182 provides that certain water quality regulations which are promulgated by the Environmental Protection Division of the Department of Natural Resources shall be subject to legislative override under the provisions of subsection (f) of Code Section 5013-4. That subsection created a scheme whereby a vote of less than two-thirds of the members of each house of the General Assembly on a resolution to override such regulation is subject to the Governor's veto, but provides that a resolution approved by more than two-thirds of the members is not subject to such veto.

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Our state's constitution clearly provides that all bills and resolutions, other than proposed constitutional amendments, intended to have the effect of law shall be transmitted to the Governor for approval or veto. Ga. Const., Art. III, Sec. V, Paras. XI and XIII. There is no exception for conventional bills or resolutions passed by supermajority. The General Assembly cannot assume that a vote of two-thirds of both houses in favor of a measure is tantamount to the override of a veto.
I recognize that this legislation would provide for a advisory panel of twelve members, at least four of whom would be active farmers, to provide input on environmental regulations affecting agricultural interest. This advisory function can be discharged by the existing Environmental Advisory Council, whose members I appoint. The two-year terms of the members of that council have expired, and I intend to increase agricultural representation among its 15 members when new appointments are made.
In the final analysis, if the General Assembly wishes to dispose of a regulation promulgated pursuant to its delegated authority, the tools to do so are at hand in the normal legislative process. A bill may be proposed which removes or changes the authority underlying the regulation. If that bill is vetoed, the legislature is free to override. But the General Assembly should not upset the checks and balances of our state constitution by attempting to avoid the Governor's constitutional role in approval or veto of legislation. Therefore, I VETO HB 1182.
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
December 28, 2000
TO: MEMBERS AND MEMBERS-ELECT OF THE GENERAL ASSEMBLY FROM THE SEVENTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT SEVENTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Seventh Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 10, 2001, at 4:00 P.M.

MONDAY, JANUARY 8, 2001

45

Members of the Senate from those senatorial districts embraced or partly embraced within the Seventh 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 Seventh Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable H. Boyd Pettit III 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 Seventh Congressional District to succeed Honorable Max Goldin. He will serve for the remainder of the term expiring April 15, 2001.
This 1st day of September, 2000.
/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly State Capitol Atlanta
September 1, 2000

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Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor and Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on August 31, 2000, in the House Chamber of the state capitol building. At that caucus Honorable H. Boyd Pettit III was elected as a member of the State Transportation Board from the Seventh Congressional District to succeed Honorable Max Goldin. He will serve for the remainder of the term expiring April 15, 2001.
Respectfully submitted, /s/ Richard O. Marable
Senator, 52nd District Chairman Seventh Congressional District Caucus
/s/ Vance Smith, Jr. Representative, 102nd District Secretary Seventh Congressional District Caucus

House of Representatives Legislative Office Building, Room 604
Atlanta, Georgia 30334
November 17, 2000
Honorable Robert E. Rivers Clerk of the House of Representatives 309 State Capitol Atlanta, GA 30334

MONDAY, JANUARY 8, 2001

47

Dear Mr. Rivers:

On Monday, November 13, 2000, the House Republican Caucus met in the House Chamber of the State Capitol to elect officers for the 2001-2002 legislative term. The results are as follows:

Minority Caucus Leader

-

Minority Caucus Whip

-

Minority Caucus Chairman

-

Minority Caucus Vice Chairman -

Minority Caucus Secretary

-

Lynn Westmoreland Earl Ehrhart Garland Pinholster Sharon Cooper Anne Mueller

Sincerely, /s/ Garland Pinholster
Minority Chairman

GP:sc

OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
December 28, 2000

TO: MEMBERS AND MEMBERS-ELECT OF THE GENERAL ASSEMBLY FROM THE FOURTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FOURTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fourth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 10, 2001, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fourth 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 Fourth Congressional District are eligible to participate in said caucus.

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SRB:jp

Sincerely, /s/ Sewell R. Brumby
Legislative Counsel

OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
September 1, 2000
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable H. Boyd Pettit III was elected as a member of the State Transportation Board from the Seventh Congressional District to succeed Honorable Max Goldin. He will serve for the remainder of the term expiring April 15, 2001. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable H. Boyd Pettit III Honorable Richard O. Marable Honorable Vance Smith, Jr. Mr. Tom Coleman

MONDAY, JANUARY 8, 2001

49

Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

The Speaker announced the House in recess until 3:00 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 6 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of recognizing 250 Years of Representative Government in Georgia, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Speaker of the House Thomas B. Murphy, British Consul General Peter Marshall, Governor Roy E. Barnes, Poet Laureate of Georgia David Bottoms and Secretary of State Cathy Cox addressed the Joint Session.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 9, 2001

51

Representative Hall, Atlanta, Georgia Tuesday, January 9, 2001

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:

Allen Amerson Anderson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Channell Childers Coan Coleman, B Coleman, T

Collins Connell Cooper Cox Crawford Cummings Davis Day Dean Deloach, B Dodson Drenner Dukes Ehrhart Everett Forster Franklin Golick Graves Greene Hammontree Hanner Harrell Heard Hembree Henson Hines Holland Houston Howard Hudgens

Hudson, H Hudson, N Hugley Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Mangham Mann Manning Martin Massey McBee McCall Millar Mills Morris Mosley Mueller Orrock

Parham Parrish Parsons Pelote Pinholster Porter Powell Purcell Ragas Randall Ray Reece Reese Reichert Rice Richardson Roberts, D Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Sinkfield Skipper Smith, C Smith, C.W

Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil E Stanley Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Teague of the 58th, Bordeaux of the 151st, Harbin of the 113th, Heckstall of the 55th, Holmes of the 53rd, Irvin of the 45th, Jenkins of the 110th,

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Maddox of the 72nd, McClinton of the 68th, Mobley of the 69th, Poag of the 6th, Reed of the 52nd, Sims of the 167th, Smith of the 175th, Squires of the 78th, Stanley of the 49th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Dr. Allen Wilburn, Pastor, First Baptist Church, Buchanan, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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 1.

By Representatives Borders of the 177th, Buck of the 135th, Epps of the 131st, Powell of the 23rd, Shaw of the 176th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, wallets, and bags for a limited period of time; and for other purposes.

TUESDAY, JANUARY 9, 2001

53

Referred to the Committee on Ways & Means.

HB 3.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a gradual reduction in the state income tax rate for individuals, fiduciaries, partnerships, and corporations over a period of years; to abolish the state income tax effective for tax years beginning on and after January 1, 2020; and for other purposes.

Referred to the Committee on Ways & Means.

HB 4.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer or a foreign corporation or domestic corporation shall not include income which is attributable directly to a capital gain; and for other purposes.

Referred to the Committee on Ways & Means.

HB 5.

By Representatives Franklin of the 39th and Joyce of the 1st:
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; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 6.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "State Sovereignty and Federal Tax Funds Act"; and for other purposes.

Referred to the Committee on Ways & Means.

HB 7.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
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; and for other purposes.

1/8/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 7. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Franklin District 39

Referred to the Committee on Ways & Means.

HB 10. By Representatives Franklin of the 39th and Coan of the 82nd:
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; and for other purposes.

TUESDAY, JANUARY 9, 2001

55

Referred to the Committee on Ways & Means.

HB 11. By Representatives Franklin of the 39th and Coan of the 82nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, 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; to provide that homicide by vehicle which occurs as a result of driving under the influence of alcohol or drugs shall be punishable by life imprisonment or death; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 12. By Representatives Franklin of the 39th and Coan of the 82nd:
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; and for other purposes.

Referred to the Committee on Rules.

HB 13.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
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; and for other purposes.

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Referred to the Committee on Industrial Relations.

HB 16. By Representatives Brooks of the 54th, Smyre of the 136th, Ashe of the 46th, Epps of the 131st, Taylor of the 134th and others:
A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to designate the "Georgia Memorial Flag"; and for other purposes.

Referred to the Committee on Rules.

HB 23.

By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A BILL to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 25.

By Representatives Ehrhart of the 36th and Wiles of the 34th:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 28. By Representatives Ehrhart of the 36th, Everett of the 163rd, Stancil of the 16th, Wiles of the 34th and Smith of the 19th:

TUESDAY, JANUARY 9, 2001

57

A BILL to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of motor vehicle drivers' licenses and reexaminations, so as to provide for remote renewal of drivers' licenses; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 30.

By Representatives Walker of the 141st, Westmoreland of the 104th, Skipper of the 137th, Smyre of the 136th, Ehrhart of the 36th 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 revise provisions relating to the regulation and reporting of campaign contributions; to change a definition; to provide for the timely issuance of advisory opinions by the State Ethics Commission; and for other purposes.

1/8/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 30. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Walker District 141

Referred to the Committee on Rules.

HB 31.

By Representatives Walker of the 141st, Skipper of the 137th, Martin of the 47th and Reichert of the 126th:
A BILL to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to change the requirements for description of real property to be sold at judicial sales and other sales advertised in the same manner as judicial sales; and for other purposes.

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Referred to the Committee on Judiciary.

HB 32. By Representatives Walker of the 141st, Sims of the 167th, Skipper of the 137th, Coleman of the 142nd and Watson of the 70th:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change provisions relating to filling vacancies in the office of sheriff; and for other purposes.

Referred to the Committee on Public Safety.

HB 33.

By Representatives Coleman of the 142nd, Hanner of the 159th, Ray of the 128th, Walker of the 141st, James of the 140th and others:
A BILL to amend Code Section 12-2-21 of the Official Code of Georgia Annotated, relating to the composition of the Board of Natural Resources, so as to reconstitute such board to require two of the at-large members to have certain qualifications; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 34.

By Representative Irvin of the 45th:
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, so as to provide for purchasing the use of high occupancy vehicle lanes; and for other purposes.

Referred to the Committee on Transportation.

HB 35.

By Representatives Irvin of the 45th, Davis of the 60th, Day of the 153rd, Everett of the 163rd, Bulloch of the 180th and others:
A BILL to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the "State Space Management Act of 1976,"

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so as to provide that the Governor with the assistance of the commissioner of administrative services shall provide a plan for the decentralization of state agencies such that the number of employees of state agencies employed within the Atlanta metropolitan area on July 1, 2001, shall be decreased by at least 25 percent by July 1, 2005; and for other purposes.

Referred to the Committee on Appropriations.

HB 36.

By Representatives Turnquest of the 73rd, Epps of the 131st, Watson of the 70th, Mobley of the 69th, Reed of the 52nd and others:
A BILL to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on African American Males; and for other purposes.

Referred to the Committee on Rules.

HB 37.

By Representative Royal of the 164th:
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 for a technical correction and clarify certain provisions with respect to an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers; and for other purposes.

Referred to the Committee on Ways & Means.

HB 38.

By Representative Royal of the 164th:
A BILL to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of county departments of family and children services, so as to provide for creditable service for certain service; to provide for application and the payment of employee contributions; and for other purposes.

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Referred to the Committee on Retirement.

HB 39. By Representatives Ehrhart of the 36th, Richardson of the 26th and Coan of the 82nd:
A BILL to amend Part 1 of Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for programs and protection for children, so as to prohibit certain governmental discrimination against youth organizations; to provide a short title; and for other purposes.

Referred to the Committee on Judiciary.

HB 40.

By Representatives Shaw of the 176th, Hudson of the 156th, Royal of the 164th, Hanner of the 159th and Ray of the 128th:
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; and for other purposes.

Referred to the Committee on Insurance.

HB 41.

By Representatives Franklin of the 39th and Coan of the 82nd:
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 provide for a reward for persons providing information leading to the arrest and conviction of persons engaging in election fraud; and for other purposes.

Referred to the Committee on Judiciary.

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HB 42. By Representative Franklin of the 39th:
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; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 43. By Representatives Franklin of the 39th and Joyce of the 1st:
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 provide for the processing of applications and examination of applicants for Class P instructional permits and noncommercial Class C and Class D drivers' licenses by driver training schools; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 44.

By Representative Franklin of the 39th:
A BILL to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to provide that homicide by vehicle which occurs as a result of driving under the influence shall be punishable by life imprisonment or death; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 45.

By Representative Franklin of the 39th:
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 provide for a reward for persons providing information leading to the

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arrest and conviction of persons engaging in election fraud; and for other purposes.

Referred to the Committee on Judiciary.

HB 46. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and Sims of the 167th:
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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 47. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to qualifications of professional bondsmen, so as to change certain qualifications of such bondsmen; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 48.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 49. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:

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A BILL to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; and for other purposes.

Referred to the Committee on Industry.

HB 50.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
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 change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 51.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 52.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 53.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 54.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th 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 change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 55. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th 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 change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 56. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; and for other purposes.

Referred to the Committee on Ways & Means.

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65

HB 57. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 58. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 59.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 60.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 61.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 62.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; and for other purposes.

Referred to the Committee on Ways & Means.

HB 63.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain definitions regarding such fees and plates; and for other purposes.

Referred to the Committee on Ways & Means.

HB 64. By Representatives Willard of the 44th, Martin of the 47th, Holmes of the 53rd, Brooks of the 54th, Irvin of the 45th and others:

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A BILL to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, so as to redefine a certain term; to change certain provisions relating to taxes; and for other purposes.

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

HB 65.

By Representatives Murphy of the 18th, Walker of the 141st, Jamieson of the 22nd and Skipper of the 137th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to include employees of a public school system; and for other purposes.

Referred to the Committee on Judiciary.

HR 1.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A RESOLUTION proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof; and for other purposes.

Referred to the Committee on Ways & Means.

HR 9.

By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A RESOLUTION expressing regret at the passing of J. Donald Kilgore and providing for the designation of the "J. Donald Kilgore State Crime Lab;" and for other purposes.

Referred to the Committee on Public Safety.

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HR 10.

By Representative Walker of the 141st:
A RESOLUTION to create the Georgia State Flag Advisory Commission; and for other purposes.

Referred to the Committee on Rules.

HR 14.

By Representatives Irvin of the 45th, Wilkinson of the 43rd, Willard of the 44th, Ashe of the 46th, Campbell of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of local government recreation grants and acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the heritage fund; and for other purposes.

Referred to the Committee on Appropriations.

The following Resolution of the Senate was read:

SR 5. By Senator Starr of the 44th

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 12, 2001, and shall reconvene on Monday, January 22, 200l.
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.

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69

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines 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
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton 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 Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Due to a mechanical malfunction, the vote of Representative Seay of the 93rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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Representative Hall, Atlanta, Georgia Wednesday, January 10, 2001
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 John S. Burnett, Discipleship and Family Ministries Consultant, Georgia Baptist Convention, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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 Resolution of the House were introduced, read the first time and referred to the Committees:

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JOURNAL OF THE HOUSE
By Representative Parham of the 122nd:
A BILL to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to transfer from the Department of Human Resources to the Department of Community Health certain functions, duties, and powers regarding such laboratories; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 9.

By Representative Parham of the 122nd:
A BILL to provide for driver education courses and instructional requirements; to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require certain postsecondary technical schools to offer a course in driver education; to change certain provisions relating to management and control of adult literacy and postsecondary technical education programs and schools; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of motor vehicle drivers' licenses; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 24.

By Representatives Golick of the 30th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Maddox of the 72nd:
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 discriminatory practices based on race, color, or national or ethnic origin; and for other purposes.

Referred to the Committee on Insurance.

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HB 66.

By Representatives Barnes of the 97th, McCall of the 90th, Dodson of the 94th, Walker of the 141st, Buckner of the 95th and others:
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 public school employees, teachers, and administrators; and for other purposes.

Referred to the Committee on Judiciary.

HB 67.

By Representatives Wix of the 33rd, Walker of the 141st, McBee of the 88th, Morris of the 155th, Johnson of the 35th 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 add an exemption for required textbooks for public or private postsecondary schools; and for other purposes.

Referred to the Committee on Ways & Means.

HB 68.

By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Hudgens of the 24th and Holland of the 157th:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide that with respect to employers of certain domestic employees certain contributions shall be due and payable on an annual basis rather than on a quarterly basis; to require certain annual tax and wage reports; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 69.

By Representatives Graves of the 125th, Lanier of the 145th, Brown of the 130th, West of the 101st, Childers of the 13th and others:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care,

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so as to provide for the licensing of clinical perfusionists; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 70.

By Representatives Irvin of the 45th and Ashe of the 46th:
A BILL to amend Article 14 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational grants, so as to provide for a program of public tuition assistance at nonpublic schools for eligible students of certain public school systems; and for other purposes.

Referred to the Committee on Education.

HB 71.

By Representatives Sims of the 167th, Coleman of the 142nd, Walker of the 141st, Mosley of the 171st, Bulloch of the 180th and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize loans from certain funds granted to the state by the administrator of the federal Environmental Protection Agency for purposes of financing water pollution control projects; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 72.

By Representative Parham of the 122nd:
A BILL to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide that whenever a state agency rejects an application for a law enforcement position from a certified peace officer as a result of such applicant not meeting the qualifications for such position, the state agency, at the request of the applicant, shall notify the applicant in writing of the qualifications which have not been met; and for other purposes.

Referred to the Committee on Public Safety.

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HB 73.

By Representatives Stancil of the 16th, Pinholster of the 15th, Shanahan of the 10th, Greene of the 158th and Houston of the 166th:
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 public school employees, teachers, and administrators; and for other purposes.

Referred to the Committee on Judiciary.

HB 74.

By Representatives Parham of the 122nd and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 32 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 75.

By Representatives Stancil of the 16th, Walker of the 141st, Buck of the 135th, Royal of the 164th and Pinholster of the 15th:
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; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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HB 76.

By Representatives Parham of the 122nd and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 31 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 77.

By Representative Parham of the 122nd:
A BILL to amend Code Section 31-2-9 of the Official Code of Georgia Annotated, relating to applicability of the clinical laboratory licensing requirements, so as to clarify an exemption regarding capillary blood tests; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 78.

By Representatives Rice of the 79th and Willard of the 44th:
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 motor vehicle drivers' licenses, so as to change certain provisions relating to persons not to be licensed and minimum ages for licensees; to change certain provisions relating to instruction permits, graduated licensing, and related restrictions; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 79.

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

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77

certain provisions relating to coverage for inpatient care and follow-up visits after mastectomies or lymph node dissections; and for other purposes.

Referred to the Committee on Insurance.

HB 80.

By Representatives Parham of the 122nd and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 30 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 81.

By Representative Rice of the 79th:
A BILL to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of motor vehicle drivers' licenses and required examinations, so as to provide for renewal by certain residents living out of state; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 82.

By Representative Rice of the 79th:
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 regulate the preparation, marketing, sale, and serving of Halal foods; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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HB 83.

By Representatives McBee of the 88th, Porter of the 143rd, Coleman of the 142nd, Buck of the 135th, Connell of the 115th 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 establishing a method of saving money for the payment of qualified higher education expenses; and for other purposes.

Referred to the Committee on Higher Education.

HB 84.

By Representatives Martin of the 47th, Allen of the 117th, Reichert of the 126th and Campbell of the 42nd:
A BILL to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 85.

By Representatives Parham of the 122nd and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 33 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

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HB 86.

By Representative Irvin of the 45th:
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; and for other purposes.

Referred to the Committee on Appropriations.

HB 87.

By Representative Irvin of the 45th:
A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional authority with respect to entering into certain contracts of one year or less; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 88.

By Representatives Squires of the 78th and Mueller of the 152nd:
A BILL to amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to ground-water use generally, so as to provide that it shall be unlawful for any person to inject any substance into an aquifer; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 89.

By Representatives Royal of the 164th, Ray of the 128th, Hudson of the 156th, Greene of the 158th and Houston of the 166th:
A BILL to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agriculture and forestry products, so as to provide limited liability for owners and operators of farms specializing in pick-your-own agricultural products under certain circumstances; and for other purposes.

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Referred to the Committee on Agriculture and Consumer Affairs.

HB 90.

By Representatives Royal of the 164th, Ray of the 128th, Hudson of the 156th, Greene of the 158th and Houston of the 166th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales tax and use tax, so as to provide for an exemption with respect to the sale or use of liquified petroleum gas or other fuel used in swine production by family owned qualified farm products producers; and for other purposes.

Referred to the Committee on Ways & Means.

HB 91.

By Representative Irvin of the 45th:
A BILL to amend Article 1 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Audits and Accounts, so as to provide for performance audits and reports of budget units in state government; and for other purposes.

Referred to the Committee on Appropriations.

HB 92.

By Representatives Irvin of the 45th and Knox of the 28th:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses and certain identification cards and require the destruction of fingerprints obtained; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 93. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:

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A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.

Referred to the Committee on Appropriations.

HB 94.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:
A BILL to provide supplementary appropriations for the State Fiscal Year ending June 30, 2002, in addition to any other appropriations heretofore or hearafter made for the operation of state government and the purposes provided for herein; and for other purposes.

Referred to the Committee on Appropriations.

HB 95.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002; and for other purposes.

Referred to the Committee on Appropriations.

HB 96.

By Representatives Hudson of the 120th, Squires of the 78th, Franklin of the 39th, Bordeaux of the 151st and Orrock of the 56th:
A BILL to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Physical Therapy Act," so as to change the provisions relating to definitions, practice of physical therapy and physiotherapy, and use of certain words relating thereto; and for other purposes.

Referred to the Committee on Health & Ecology.

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HB 97.

By Representatives Buckner of the 95th, Taylor of the 134th, Hugley of the 133rd, Cash of the 108th and Graves of the 125th:
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"; and for other purposes.

Referred to the Committee on Education.

HB 98.

By Representatives Heckstall of the 55th, Holmes of the 53rd, Howard of the 118th, Buckner of the 95th, Randall of the 127th and others:
A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to define the offense of failing to supervise a minor; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 99.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.

Referred to the Committee on Appropriations.

HB 100. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002; and for other purposes.

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Referred to the Committee on Appropriations.
HB 101. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and Greene of the 158th:
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; and for other purposes.
Referred to the Committee on Appropriations.
HB 102. By Representatives Squires of the 78th, Unterman of the 84th and Davis of the 60th:
A BILL to amend Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to declare as contrary to public policy certain contracts between an insurer and a hospital which is the sole provider of obstetric services within a one-mile radius of its facility; and for other purposes.
Referred to the Committee on Judiciary.
HB 103. By Representatives Squires of the 78th and Stuckey of the 67th:
A BILL to amend Code Section 15-11-30.1 of the Official Code of Georgia Annotated, relating to appointment of guardians by the juvenile courts and transfers of custody and support questions to the juvenile courts, so as to vest jurisdiction in the juvenile courts to appoint temporary guardians for children; and for other purposes.
Referred to the Committee on Judiciary.

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HB 104. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and Heard of the 89th:
A BILL to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to state income taxation, so as to change certain tax tables used for computing such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 105. By Representative Twiggs of the 8th:
A BILL to amend Code Section 46-3-291 of the Official Code of Georgia Annotated, relating to the membership of the board of directors of an electric membership corporation, so as to provide that on and after July 1, 2001, there shall be at least one director from each county wherein the electric membership corporation provides service; and for other purposes.

Referred to the Committee on Industry.

HB 106. By Representative Martin of the 47th:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 107. By Representative Martin of the 47th:
A BILL to amend the O.C.G.A., 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; and for other purposes.

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Referred to the Committee on Judiciary.

HB 108. By Representative Martin of the 47th:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 109. By Representative Martin of the 47th:
A BILL to amend Code Section 51-1-37 of the Official Code of Georgia Annotated, relating to the cause of action for negligent or improper administration of a polygraph examination and the measure of damages, so as to delete the provisions relating to administration of the polygraph examination in conformity with the provisions of former Chapter 36 of Title 43 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

HR 2.

By Representatives Coleman of the 142nd, Parrish of the 144th, Channell of the 111th and Powell of the 23rd:
A RESOLUTION creating the House Study Committee on Medicare; and for other purposes.

Referred to the Committee on Health & Ecology.

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

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HB 1 HB 3 HB 4 HB 5 HB 6 HB 7 HB 10 HB 11 HB 12 HB 13 HB 16 HB 23 HB 25 HB 28 HB 30 HB 31 HB 32 HB 33 HB 34 HB 35 HB 36 HB 37 HB 38 HB 39 HB 40 HB 41 HB 42

HB 43 HB 44 HB 45 HB 46 HB 47 HB 48 HB 49 HB 50 HB 51 HB 52 HB 53 HB 54 HB 55 HB 56 HB 57 HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HR 1 HR 9 HR 10 HR 14

Pursuant to Rule 52, Representative Franklin of the 39th moved that the following Bill of the House be engrossed:

HB 7.

By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
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; and for other purposes.

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The motion prevailed.

Pursuant to Rule 52, Representative Walker of the 141st moved that the following Bill of the House be engrossed:

HB 30.

By Representatives Walker of the 141st, Westmoreland of the 104th, Skipper of the 137th, Smyre of the 136th, Franklin of the 39th 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 revise provisions relating to the regulation and reporting of campaign contributions; to change a definition; to provide for the timely issuance of advisory opinions by the State Ethics Commission; and for other purposes.

The motion prevailed.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority, the following resolutions of the House:
HR 7. By Representative Walker of the 141st:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the 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.
HR 8. 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.

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The following Resolution of the House was read:

HR 15. By Representatives Westmoreland of the 104th, Walker of the 141st, Ehrhart of the 36th, Skipper of the 137th and Smyre of the 136th

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 12, 2001, and shall reconvene on Tuesday, January 23, 2001.
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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen E Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Mann

Y Mueller Y Orrock E Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling E Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman

Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, JANUARY 10, 2001

Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

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Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Buckner of the 95th 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 16.

By Representatives Unterman of the 84th, Coleman of the 80th and Squires of the 78th:
A RESOLUTION recognizing and commending Boy Scout Troop 535; inviting members of the troop to appear before the House of Representatives; and for other purposes.

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

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Representative Hall, Atlanta, Georgia Thursday, January 11, 2001
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 P. A. McFarland, Pastor, First Salem Missionary Baptist Church, Montezuma, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 14.

By Representatives Kaye of the 37th, Westmoreland of the 104th, Porter of the 143rd, Ehrhart of the 36th and McBee of the 88th:
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 establishing a method of saving money for the payment of qualified higher education expenses; and for other purposes.

Referred to the Committee on Higher Education.

HB 29.

By Representatives Jamieson of the 22nd, Buck of the 135th, Royal of the 164th and Bell of the 25th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain digital broadcast equipment; and for other purposes.

Referred to the Committee on Ways & Means.

HB 110. By Representatives Holmes of the 53rd, Watson of the 70th, Borders of the 177th, 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; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HB 111. By Representatives Holmes of the 53rd, Martin of the 47th, Bohannon of the 139th and Mobley of the 69th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change a provision for a later closing of the polls in certain cities; to provide that such provision shall not apply in a primary or election for county, state, or federal officers or in an election to put a question to the voters of the county or state; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 112. By Representatives Holmes of the 53rd and Connell of the 115th:
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 permit absentee voting without qualification during a certain period preceding an election or primary provided the elector shows proper identification; to provide for definitions; to define the open absentee voting period; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 113. By Representatives Holmes of the 53rd, Martin of the 47th, Hudson of the 120th, DeLoach of the 172nd and Mobley of the 69th:
A BILL to amend Code Section 21-2-495 of the Official Code of Georgia Annotated, relating to procedure for recount or recanvass of votes, so as to provide that, whenever the difference between the number of votes received by a candidate who has been declared eligible for a run-off primary or election and the number of votes required to win the primary or election without a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, such candidate or candidates may, upon application, obtain a recount or recanvass of the votes cast in such primary or election; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HB 114. By Representatives Bannister of the 77th, Allen of the 117th, Bunn of the 74th, Maddox of the 72nd, Howard of the 118th 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; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 115. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to authorize certain transfers of property to bona fide nonprofit resource conservation and development councils; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 116. By Representative Howard of the 118th:
A BILL to amend Code Section 45-10-70 of the Official Code of Georgia Annotated, relating to holding office in political subdivision, political party, or political organization by nonelective state officers or employees, so as to provide that nonelective state officers and employees may use annual and personal leave to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours and to provide an additional amount of unpaid leave equal to one-half of the total amount of leave allotted to the officer or employee each year to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 117. By Representatives Hembree of the 98th, Wiles of the 34th, Yates of the 106th, Powell of the 23rd and Roberts of the 162nd:

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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 plate"; to change the provisions relating to vehicles which may display such license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 118. By Representatives Jamieson of the 22nd, Ashe of the 46th, McClinton of the 68th and Day of the 153rd:
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 tax credits with respect to rehabilitation of historic structures; and for other purposes.

Referred to the Committee on Ways & Means.

HB 119. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to creation of county and municipal hospital authorities, so as to prohibit any member of a county or municipal governing authority from appointment as a member of the board of a hospital authority; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 120. By Representatives Jamieson of the 22nd, Ashe of the 46th, Sinkfield of the 57th and McClinton of the 68th:
A BILL to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to require the display of certain inspection results; and for other purposes.

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Referred to the Committee on Children & Youth.

HB 121. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:
A BILL to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to enact the "Georgia Homeowner Protection Act"; and for other purposes.

Referred to the Committee on Industry.

HB 122. By Representatives Cummings of the 27th, Shanahan of the 10th, Birdsong of the 123rd, Coleman of the 142nd and Parrish of the 144th:
A BILL to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit in the Employees' Retirement System of Georgia and related matters, so as to provide for creditable service for terms of military service begun when the military draft was in effect; to provide for the payment of an employee contribution with interest; to provide a time period for making application; and for other purposes.

Referred to the Committee on Retirement.

HB 123. By Representatives Heard of the 89th and Buck of the 135th:
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; and for other purposes.

Mr. Clerk:

1/10/2001

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 123. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Heard District 89

Referred to the Committee on Ways & Means.

HB 124. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for service to certain members of local retirement systems, so as to provide that any member who was employed by a local or independent school system at any time between January 1, 1969 and December 31, 1972, and who was not a member of a local retirement system may receive creditable service in the Employees' Retirement System of Georgia; and for other purposes.

Referred to the Committee on Retirement.

HB 125. By Representatives Stancil of the 16th, Lewis of the 14th, Pinholster of the 15th, Massey of the 86th and Jennings of the 63rd:
A BILL to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certificated professional personnel, so as to provide for conditions under which the Professional Standards Commission shall be prohibited from granting initial renewable certificates; and for other purposes.

Referred to the Committee on Education.

HB 126. By Representative Heckstall of the 55th:
A BILL to authorize the City of East Point to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the

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"Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

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

HB 127. By Representative Squires of the 78th:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the juvenile court to order parents or other persons legally obligated to support a child to pay certain costs and expenses in the form of periodic child support in certain circumstances; to provide for application of child support guidelines and for payment to the family support registry; and for other purposes.

Referred to the Committee on Judiciary.

HB 128. By Representative Squires of the 78th:
A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change the provisions relating to the compensation of clerks of the superior courts who perform additional duties; and for other purposes.

Referred to the Committee on Judiciary.

HB 129. By Representatives Coleman of the 142nd, Hanner of the 159th, Powell of the 23rd, Floyd of the 138th, Greene of the 158th and others:
A BILL to amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to reconstitute such commission and to add additional members; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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HR 17.

By Representatives Royal of the 164th, Hanner of the 159th and McCall of the 90th:
A RESOLUTION ratifying the rules of the Board of Natural Resources for administration and implementation of Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the '"Flint River Drought Protection Act"; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 18.

By Representatives Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Ray of the 128th, Mosley of the 171st and others:
A RESOLUTION strongly urging the United States Congress and the United States International Trade Representative to recognize the economic and environmental benefits of Georgia's magnificent forest resources; strongly urging that the Congress and the United States Trade Representative not rescind the international trade agreement limiting the amount of subsidized Canadian lumber imported duty-free into the United States; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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

HB 8 HB 9 HB 24 HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72

HB 87 HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95 HB 96

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HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81 HB 82 HB 83 HB 84 HB 85 HB 86

HB 97 HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HR 2

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 11 Do Pass HR 12 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 11.

By Representative Cox of the 105th:
A RESOLUTION commending the McIntosh High School Lady Chiefs and Chiefs soccer teams and inviting the teams and coaches to appear before the House of Representatives; and for other purposes.

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HR 12.

By Representative Cox of the 105th:
A RESOLUTION commending the 2000 Girls and Boys Varsity Soccer Teams of Starr's Mill High School and inviting the teams and their coaches to appear before the House of Representatives; and for other purposes.

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

HR 19.

By Representatives Bannister of the 77th, Dix of the 76th, Coan of the 82nd and Unterman of the 84th:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.

HR 20.

By Representatives Jackson of the 112th, Harbin of the 113th, Burmeister of the 114th and Lane of the 146th:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 21.

By Representative Pelote of the 149th:
A RESOLUTION recognizing Bishop S. C. Madison and inviting him to appear before the House of Representatives; and for other purposes.

HR 22.

By Representatives Unterman of the 84th, Birdsong of the 123rd and West of the 101st:
A RESOLUTION recognizing and commending the sesquicentennial celebration of the Lawrenceville, Georgia, Masonic Lodge No. 131 and the Loganville, Georgia, Fergus Lodge No. 135; inviting members of the Lodges to appear before the House of Representatives; and for other purposes.

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The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 7 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the 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:
Earlier this week, we celebrated the 250th anniversary of representative government in Georgia.
It is a celebration that will continue throughout this legislative session and rightfully so.
For our state has come a long way since the day that James Edward Oglethorpe landed at the bluffs near Savannah.
It's pretty amazing when you think about it this place which was founded as a refuge for the less fortunate has grown into a state that is a place where families want to live and businesses want to grow.
This state was so poor one hundred years ago that Governor Candler had to borrow money to make payroll -- now we have a budget of over $14 billion.
Why have we grown? Why have we seen such great success?
Because we have had leaders who understood all that Georgia had to offer. Governors, Senators and Representatives who loved this state and did all that they could to create the high quality of life that we enjoy today.
And that is what our job is as we look to our future protecting that quality of life.

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That is what I have tried to focus on these first two years as Governor, and that is the goal I will continue to aspire to for as long as I hold this office.
To do that, we must make wise choices as to how we invest in the future. We must judiciously weigh many options to determine what will lead us down the right path.
That is what I have tried to do with these budget recommendations I'm making to you today.
As I have done each year I've come before you, I have once again set a conservative revenue estimate.
Yes, Georgia's economy is sound and it continues to grow. But as we learned in the early nineties, even Georgia can experience a slowdown and I want us to be prepared with full reserves and the ability to pay all of our obligations.
And I have my share of critics there are those who disagree with my using a conservative revenue estimate.
I don't know about you, but I'd rather have a planned surplus at the end of the fiscal year that can then be used to pay for unexpected or infrastructure needs than face what several of my fellow governors are facing this year revenue shortfalls.
For example, in Virginia they predicted 5.5% revenue growth and it turned out to be only 3.2%. Had we made that same mistake here in Georgia we would have been almost $300 million short for FY2001.
No one can say that being prepared for our future is not good policy.
That being said, the first thing we need to do is give more money back to Georgians. Money that they can then decide for themselves how to reinvest into our economy keeping it strong.
To that end, I have included $249 million for property tax relief.
This is the third installment in my multi-year plan to raise the homestead exemption to $50,000 for Georgia homeowners.
The people of this state have already enjoyed the benefit of this tax cut for the past two years and they let us know they want it to continue by voting overwhelmingly for Amendment 2 last November.
Let's give the people of this state what they want and deserve.

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Now, you've all heard me say that education will be my top priority for each and every year I am Governor.
That is why you will find a number of new and continued education initiatives in this budget.
I asked you last week in my supplemental budget address to the Appropriations Committees for nearly $1 billion for school construction. That will provide the classrooms we need from kindergarten through the university and technical college level.
In this budget, I want to focus on what goes on inside those classrooms.
Last year, I asked you to help me ensure that our children were receiving the maximum benefit from the money we send to each school system every year.
That included making sure that money that was sent to schools to hire teachers was used for exactly that purpose.
We've all heard a great deal about this ever since especially with regard to paraprofessionals in the classrooms.
Now, I want to remind you that the state stopped funding paraprofessionals several years ago. Since then, districts who chose to hire parapros took those salaries out of the money sent to them for certified teachers.
And, while I strongly believe that our children should be taught by certified professionals, House Bill 1187 still allowed 20% of the money sent for certified teachers in the early grades to be used to hire parapros in those grades if districts desired to do so.
However, in listening to educators during this implementation phase of the education reform bill, I have come to appreciate the need for paraprofessionals in kindergarten classrooms.
This is when our youngest are still learning the ropes of going to school as well as academics. And even with a smaller class, the argument raised by many for an extra pair of eyes and ears is persuasive.
That is why I am recommending $68.5 million in this budget to fund one paraprofessional in each Georgia kindergarten classroom approximately 6,000 parapros across the state.

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Hopefully, this will not only benefit our kindergarten teachers, but also our youngest students as they start down the path of their academic career.
Our middle schools also need help. Last year's Criterion Referenced Competency Tests showed that 46% of our eighth grade students cannot do math at a basic level which means that 8th graders could not answer a question as simple as "7x equals 7, x equals what?" 39% of our 6th graders have trouble with the language arts, and 35% of 4th graders can't read on a basic level. And these are results from tests that were developed by Georgia teachers, based on the Georgia curriculum being taught in our schools today.
We have to help these children before they enter high school where the challenges will be even greater.
If a child is behind grade level by the time they get to high school chances are they will not graduate. They either fail out or drop out because they are frustrated that they cannot do the work.
One of the best solutions to this problem is for our students to have more time studying the basic subjects such as math and science - during the middle school years. Some of our middle schools feel they can do this within the regular academic day. Others feel they could do better if they had students for a longer period of time.
That is why I am recommending $3.5 million to fund pilot extended day programs in our middle schools. This will be a voluntary program for systems that want to participate. It will be interesting to see the results from those who decide to give this a try.
Some of our children need to be reached even earlier than middle school.
That is why you will find $18.9 million in this budget to expand the Early Intervention Program beyond the 3rd grade so that we can reach these students as well. This will expand the remedial program that began last year in grades K through 3 to grades 4 and 5 putting one teacher with each 11 students who are behind grade level.
Creative solutions and targeted interventions like these are important steps to education reform. We need to continue to think outside the box if how we've done things for decades isn't working we need to try something else.
Change can be unsettling and even confusing. But more often than not, it is change that will eventually give you the results you need.

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We will begin to depend more and more upon our school improvement teams to help recommend what changes are the right ones for our under-performing schools. And the last thing these faltering systems need is to have to wait too long for a visit from one of these teams.
I am recommending $7 million in this budget to increase the number of school improvement teams in Georgia so that we can determine problems and recommend solutions as quickly as possible.
For every day a child is in a failing school, we are failing to give them the opportunity to learn.
Teaching our children to read is one of the greatest gifts we can give them not only does it allow them to learn what they are being taught in school, reading helps a child explore anything they might be interested in. But candidly and bluntly, I must tell you that our current reading programs are not doing what they should.
I am recommending $7 million in additional funds for remedial reading programs this makes a total of $34.7 million for these programs throughout the state. And I'm going to ask that you let local systems determine which programs are best for their students. There is no reason to only fund one particular program when there are many good ones from which to choose.
And, I am recommending an additional $4.5 million for the Georgia Early Learning Initiative, which combined with funds already available will give $6 million to this important public/private partnership.
90% of brain development occurs within the first three years of life. This program ensures that children in their early years are provided the maximum opportunity to learn making them even more prepared when they enter our school system.
That addresses a lot of what we need to do for our students.
Now let's talk about what we need to do for our teachers.
Though I'm not sure that many people have heard me, I've always said that our teachers are one of the two most important building blocks of quality education the other being sound leadership.
You cannot have a quality education system without quality teachers.
You all know that I'm married to a teacher. And I'm the father of a teacher in the making.

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I'm sure that teachers played a great part in getting each of us where we are today I know that's true in my case.
I have a great deal of respect for those who are willing to devote their lives to helping our children learn.
And I have to tell you, I'm proud of how far we've come in Georgia with regard to teacher salaries. Today Georgia leads the Southeast and is at the national average with salaries, and this is where I pledge my administration will keep them for each and every year I am Governor.
I was interested to receive a report last year put together by the American Federation of Teachers that showed Georgia at 21st in the nation with regard to teacher salaries. And when that figure was adjusted for cost of living we were 12th.
These are rankings we can be proud of, they make us competitive.
Every time I am in North Georgia visiting a school, I meet a teacher who has chosen to teach here rather than in Tennessee. We're recruiting them from our other neighboring states too.
I am recommending a salary adjustment in this budget of 4.5%, that will allow us to retain this competitiveness. And I will continue to adjust our teachers salaries each and every year in order to continue to be a leader in this region and at par with the nation.
But that is not all.
While this is an across the board pay raise for all teachers, I personally believe that those teachers who are willing to work harder to go that extra mile to make sure that their students learn have an opportunity to be rewarded.
So I am recommending $1 million to begin the development of leadership opportunities that will establish a master-teacher system that provides new goals to reach and rewards those who achieve them.
Too often, our best teachers are forced to leave the classroom and move into administration in order to receive extra compensation. We must encourage them to stay in the classrooms.
I am also recommending $200,000 for the development of a similar program for principals and superintendents.

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And teachers who are just starting their careers deserve some extra help as well. That is why I am recommending $333,000 which will match a $6.5 million federal grant to develop a training program for teachers who are willing to become mentors for those new to the profession.
And of course, those willing to take the time to become mentor teachers should be rewarded financially as well.
We have many good teachers in our state this system will help make all that is right within our school system continue and grow.
No teacher can be expected to do their best without the proper training.
For a variety of reasons, we have a number of teachers in our schools who are teaching out-of-field, subjects they were not trained to teach. This is unfair both to the teacher who is asked to do this and the student who is trying to learn.
I am recommending $500,000 for distance learning programs to be run by the Professional Standards Commission to provide the training necessary to make teachers expert in their field.
We also need to make it less complicated for those who are already experts in their field to become teachers. For example, a retired chemist or engineer who would enjoy getting into the classroom as a second career.
That is why I am recommending $500,000 for alternative certification programs to get these people into our classrooms, where our children can benefit from years of experience and expertise.
True education reform will not come overnight but if we continue to focus on the most important issues, if we continue to make decisions based upon what most benefits our children, we will achieve greatness here in Georgia.
Our children are our greatest asset. They are our future, and it is our obligation to do all that we can to protect them.
Unfortunately, recent times have shown that we've not been living up to this responsibility.
Not one person in this room hasn't heard the story of a child who has died while under the protective custody of the state of Georgia.

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We need to keep other children from suffering the same fate.
Earlier this year, we put together a task force to examine our most critical needs within the Division of Child Protective Services. This budget addresses nearly all of that committee's recommendations.
I am recommending over $32 million for improvements to the child protective system in Georgia and to give our CPS workers the resources they need to do their jobs better. When matched with available federal funds, the improvements will total $42 million.
This includes $7 million to increase the salaries for child protective services workers and $3.5 million to add 100 additional workers to the system. This will mean an 18% increase in the starting salary for CPS workers with Master's degrees and 6% for those with a college education. We will also raise salaries by 5% across the board for existing Child Protective Service workers and an additional 10% for existing workers with Master's degrees.
These are the people who are in the trenches every day sometimes risking their own safety to protect one of Georgia's forgotten children. They deserve to be compensated for their hard work.
I am also recommending $1.4 million for 12 specially trained workers to investigate child fatalities and abuse and 4 additional staff members who will be devoted solely to training and support for our front line child protective service workers.
The children in our care also depend on us to protect them in court. It is often here that they have their only chance to receive the kind of protection they need. I am recommending over $750,000 to increase the per hour rate by one third that Special Assistant Attorneys General are paid to represent these children and make sure that they get a fair hearing. I am also recommending $100,000 in additional funds for the Court Appointed Special Advocate Program.
And, we need to all be grateful to those families that are willing to take in children who no longer have a safe home. These people open their doors and their hearts they are willing to take on not only an emotional burden, but a financial one as well.
I am recommending $5.2 million to raise the per diem assistance we provide these adoptive families and for the first time, provide a graduated per diem that increases the daily assistance as the children get older.
And I am recommending a quarter of a million dollars to evaluate our strategies to prevent child abuse from occurring in the first place through in-home visits to at-risk

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families. I am also recommending nearly $150,000 for a pilot substance abuse treatment program for young males with a history of abuse who are part of active CPS cases.
As with education, we will not be able to fix all of the problems with our Child Protective Services overnight. But we have to start taking the necessary steps to get where we need to go. Hopefully, this is a big step in the right direction.
Georgia also has a large number of adults who because of physical or mental disabilities cannot help themselves.
That is why I put together a Blue Ribbon Task Force on Community Based Services last year and I've followed a number of their recommendations to address the long-term care needs of the physically and mentally disabled.
I am recommending $49.1 million in total state and federal funds to create over 5,300 new slots in community based programs throughout the state. This is the largest effort in this state's history to address the waiting lists for services for the mentally retarded, frail elderly and physically disabled.
I am also recommending $13.6 million in total funds for provider rate increases to help expand the network that assists these clients.
And I am recommending $1.2 million in total funds for family support services to help the families of the disabled.
Throughout this budget you will find significant increases in every area of the health and human services that this state provides.
We are increasing the number of services available, making necessary changes to the programs that need them and establishing a service network that will be able to serve more clients than ever before.
We are going to be able to do this because, for the first time, Georgia is going to take advantage of the maximum amount of federal reimbursement possible.
For years, we have not utilized federal reimbursement programs for human services to the highest level.
We haven't gotten all the dollars back to our state that we rightfully deserve. And that has cost the taxpayers of Georgia even more.
Let me tell you something, those days are over.

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Our efforts to reexamine federal revenue maximization have resulted in a net of an additional $100 million coming back to Georgia.
$100 million that can be used to help those who need it the most.
$100 million that will allow us to fund our human services programs at the highest level in our history.
And I have recommended $19 million to assist Georgia's uninsured. We will help the people who need our help the most - including our uninsured children and adults with special needs.
No one will be left behind in Georgia.
The health care initiative that I am most excited about though, is the creation of the Georgia Cancer Coalition.
Cancer is the second leading cause of death in Georgia, accounting for one in four deaths each year.
The Georgia Cancer Coalition will be a public/private partnership that will work to build a world-class, comprehensive cancer control program that will benefit our state and eventually the nation through excellence in research and treatment.
I am recommending $39.3 million from our tobacco settlement to fund the work of the coalition which will include initiatives in cancer detection, prevention, research and treatment.
And I am going to continue to recommend appropriations for the Coalition each and every year I am Governor.
I have said all along that two-thirds of our tobacco settlement dollars should be spent on health care, and I cannot think of a better commitment than this.
We will keep Georgians healthy and we will keep them safe.
We've been tough on crime in this state, and we've seen positive results.
We've established tougher sentencing for the "deadly sins." And we're harder than ever before on repeat offenders.

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Now, we're working to reform our sentencing procedures so that the punishment fits the crime. For example, we need to save our hard prison beds for those who have committed the worst crimes.
In order to have the proper facilities to handle our changing prison population I am recommending $34.5 million for additional diversion, transition, probation center and prison beds. This will help provide the sentencing options our judicial system needs.
And, in order to enforce the laws of the state of Georgia, I am recommending $4.8 million to add an additional 75 State Patrol officers to the rolls and $1.4 million in order to raise the salaries by at least one pay grade for these men and women who put their lives on the line for us each and every day.
We're going to keep our families and children safe.
Protecting our quality of life isn't only about our people it's also about our land and natural resources.
Last year, I proposed and you agreed to start the Georgia Community Greenspace initiative to encourage rapidly developing counties to preserve 20% of their undeveloped land for use as parks and passive recreation space.
The Greenspace program has been extremely popular already 10 counties and 15 cities have received over $11 million in funds. And many more applications are in the pipeline.
In order to continue this effort, I am recommending another $30 million in this year's budget so that our local governments can continue to protect these undeveloped lands.
In the coming weeks, I will offer you legislation that deals with Georgia's needs regarding water quality and quantity throughout the state.
What many people don't stop to think about is that water is a finite resource. We can't manufacture it, there is no synthetic substitute.
It is vital that we begin to plan for our future water use and allocation.
I am recommending $4.1 million for the continuation of current water quality and protection initiatives at the Department of Natural Resources.
Our Environmental Protection Division has their hands full these days they are charged with protecting our water from undue pollution, managing our hazardous waste

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and working with multiple entities in our state and federal governments to address our air quality problems.
So I am recommending nearly $4 million to fund 70 new positions within the Environmental Protection Division so that they can continue to provide our state with the level of service we need to keep our environment healthy.
As we are all painfully aware, our state has some pressing transportation needs.
We need to continue to build upon our highway infrastructure in rural Georgia and we need to solve some of our transportation problems in metro-Atlanta.
Rural Georgia's highway needs are critical to economic development. How can someone locate a company where there is no road to get there?
Governor Joe Frank Harris started the Governor's Road Improvement, or GRIP, program over a decade ago. If we followed the current timetable, this plan would take us 17 to 22 more years to complete.
If we're going to continue to grow in rural Georgia we cannot wait that long.
Similarly, there is an existing 20-year plan to take care of some of the metro-areas highest-priority needs. We need to invest in a system of HOV lanes, buses, and eventually rail if we are going to reach the air quality levels required by the federal government.
We have found a way that will allow us to expedite projects in both of these areas which will allow us to complete GRIP within 7 years and advance our systems in Atlanta by at least a decade.
I propose that we issue $200 million in FY2002, through the State Tollway Authority, in Grant Anticipation Revenue Vehicles, or GARVEE bonds, that are backed by the TEA-21, or transportation trust fund, dollars we receive from the federal government each year.
While Georgia has not used this source for funding before, many other states, including South Carolina and Mississippi, have successfully done so to address their transportation needs.
And, as we build these roads, we will continue to work towards economic development projects throughout the state.

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We've been able to expand a number of industries through programs developed by the Departments of Industry, Trade and Tourism, Regents, and Technical and Adult Education that work with corporations looking to locate or expand in Georgia to provide both valuable research and future employees.
That is why I am recommending $2.6 million in additional funds for DTAE's Quick Start program, another $500,000 for the Department of Regent's ICAPP project and $4.5 million in additional funds for the Yamacraw Mission. In addition, I am adding $2.8 million to the Regional Economic Business Assistance program for an annual appropriation of $5 million.
Each of these programs has helped create new jobs in Georgia since their inception. They have also become great selling points as we recruit new business to the state.
Of course, we need to remember all of the thousands of state employees upon whom we depend to carry out the work of our state government.
In every department, from Human Resources to Administrative Services, our state employees have made a commitment to public service and improving the lives of the citizens of Georgia.
And often at a salary much less than they could get paid in the private sector.
Last year, we took the first important steps towards getting all state employees up to target salary levels.
And this year, I am recommending that we go much further.
So that we can continue to attract and retain a high performing state workforce, I propose that we provide a 3.5% performance based increase for all employees of the executive, legislative and judicial branches.
In addition, we need to address inequities in state salaries and be sure that everyone is earning the amount they should be for the position they are working in. I recommend that we adjust the salary for any employee who isn't currently being paid at least the starting salary of the pay range applicable for the position they hold.
And to make sure that these adjustments help keep our salaries competitive, I propose that we raise each pay range by 4% and adjust the salaries of any employee earning below the new minimum of the range.
This will bring beginning state salaries up to the target level one-year earlier than planned and serve as the start of a catch-up plan to bring our salary structure for

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executive branch employees closer to market salaries for similar jobs.
I am also recommending a 2% one-time, lump-sum payment to employees who receive a performance review that indicates they have exceeded expectations as part of a "performance plus" plan. This plan would replace GeorgiaGain with performance based salary increases.
These changes are being recommended as a result of the work of the GeorgiaGain Advisory Committee's work with the Merit System. I've instructed the Merit System to work with you on the legislation that will permit the implementation of the one-time, lump-sum payment and I hope you will support that legislation.
I started out this speech talking about how far Georgia has come. After listening to all I've said, some of you may now be thinking that we still have a long way to go.
The fact is, we do. We always will.
A good government isn't one that is stagnant it is one that is proactive towards issues it sees coming over the horizon, one that can change when needed to address what will most benefit those it governs.
Most importantly, one that remembers why it is here.
In his address on the one hundred fiftieth anniversary of the United States Congress, Chief Justice Charles Evans Hughes said, "We are not here as masters but as servants, not to glory in power but to attest our loyalty to the commands and restrictions laid down by our sovereign, the people of the United States, in whose name and by whose will we exercise our brief authority."
We have each received our own brief authority from the people of Georgia voters who have entrusted us to look out for their best interests, to protect and improve their quality of life.
So I submit these budget proposals to you today for your review and consideration.
Do they fix all of our problems overnight? No. But our problems didn't come about overnight either, did they.
But is it a good start? I submit to you that the answer to that question is yes and I trust that, for the most part, you will agree.
While I miss my days as a member of the General Assembly, I do not envy the tough decisions each and every one of you will have to make over the next 35 days.

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My advice to you is this.
The education of our children needs to come first and foremost above all things. And in making education decisions, keep the interests of the children above all else. For every complaint or suggestion you hear from an adult regarding education, always ask this question: does my action put the interest of a child over the resistance or discomfort of an adult?
The success of our public school system is inextricably tied to the future success of Georgia. If our children learn, we have an educated workforce. If we have an educated workforce, companies will continue to build here and our economy will continue to grow.
And if our economy continues to grow we can keep giving back to the taxpayers through tax cuts, improved services and a clean environment.
We can protect their quality of life.
Thank you.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
The 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 Friday, January 12, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Bordeaux Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burmeister Byrd Callaway Campbell Cash Channell Childers Coan Coleman, B Coleman, T Collins

Cooper Cox Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Everett Floyd Forster Franklin Golick Graves Greene Hammontree Hanner Harbin E Harrell Heard Heckstall Hembree Hines Holland Houston Hudgens

Hudson, N E Hudson, S
Hugley Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lewis Lucas Lunsford Mangham Mann Manning Martin Massey McBee McClinton E Millar Mills Mobley Morris Mosley

Mueller Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter Purcell Randall Ray Reece Reed Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar

Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, V Snelling Snow Stallings Stancil Stephens Stokes Stuckey Taylor Teper Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Teague of the 58th, Connell of the 115th, Day of the 153rd, Dix of the 76th, Epps of the 131st, Henson of the 65th, Jenkins of the 110th, Maddox of the 72nd, McCall of the 90th, Powell of the 23rd, Sims of the 167th, Sinkfield of the 57th, Smith of the 169th, Smith of the 91st, Squires of the 78th, Stanley of the 49th, Stanley-Turner of the 50th, and Watson of the 70th.

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They wish to be recorded as present.
Prayer was offered by the Reverend Roscoe F. Perry, Pastor, First Mt. Carmel Baptist Church, Appling, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.
The following oath of office was administered to Representative-elect Pamela Stanley by Justice Leah Ward Sears, Justice, Georgia Supreme Court:
I do 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

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so conduct myself as will, in my judgement, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or 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.
This 12th day of January, 2001.
/s/ Pamela A. Stanley State Representative
Sworn to and subscribed before
/s/ Honorable Leah Ward Sears Justice, Supreme Court State of Georgia
This 12th day of January, 2001.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 2.

By Representatives Coleman of the 142nd and Hanner of the 159th:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to create the Computer Equipment Disposal and Recycling Council; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 15. By Representatives Kaye of the 37th, Snelling of the 99th, Jennings of the 63rd, Graves of the 125th, Stephens of the 150th and others:

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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, accessories, footwear, school supplies, and computer equipment for a limited period of time; and for other purposes.

1/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 15. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Kaye District 37

Referred to the Committee on Ways & Means.

HB 130. By Representatives Sims of the 167th, Stokes of the 92nd, Poag of the 6th, West of the 101st, Jenkins of the 110th and others:
A BILL to amend Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, so as to provide for court orders for disinterment and DNA testing in certain cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 131. By Representatives Day of the 153rd, Mueller of the 152nd, Keen of the 174th, Tillman of the 173rd and Allen of the 117th:
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 tangible personal property by the Salvation Army; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 132. By Representatives Sims of the 167th, Houston of the 166th, Byrd of the 170th, Mosley of the 171st and Black of the 178th:
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 tobacco production by family owned qualified farm products producers; and for other purposes.
Referred to the Committee on Ways & Means.
HB 133. By Representatives Sims of the 167th, Channell of the 111th and Shaw of the 176th:
A BILL to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension of office upon eligibility for or appointment to certain positions, so as to increase the salary of district attorneys emeritus; to provide for a cost of living increase in such salary; and for other purposes.
Referred to the Committee on Judiciary.
HB 134. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
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; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 135. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:

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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 certain sales to nonprofit organizations providing services to mentally retarded persons; and for other purposes.

Referred to the Committee on Ways & Means.

HB 136. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Porter of the 143rd, Walker of the 141st and Cummings of the 27th:
A BILL to amend Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, so as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods and services to private schools located in this state; and for other purposes.

Referred to the Committee on Education.

HB 137. By Representatives Day of the 153rd, Buck of the 135th, Stallings of the 100th and Keen of the 174th:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 138. By Representatives Birdsong of the 123rd, Hudson of the 120th, Channell of the 111th, Jackson of the 112th and Smith of the 19th:
A BILL to support the national defense by promoting registration of certain Georgia residents with the United States Selective Service System as required by federal law; to provide for transmittal of information regarding certain persons to the United States Selective Service System; to require

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registration with the United States Selective Service System or consent thereto at the time of application of certain persons for issuance or renewal of drivers' licenses or identification cards; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicle drivers' licenses, so as to provide for the foregoing; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 139. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Smith of the 175th, Parrish of the 144th and others:
A BILL to provide supplementary appropriations for public school capital outlay for the State Fiscal Year ending June 30, 2001, in addition to the appropriations made by the General Appropriations Act and any other appropriations; and for other purposes.

Referred to the Committee on Appropriations.

HB 140. By Representative Rogers of the 20th:
A BILL to amend Code Section 43-15-6 of the Official Code of Georgia Annotated, relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide for an exemption for certain eligible engineers from continuing education requirements; and for other purposes.

Referred to the Committee on Industry.

HB 141. By Representative Rogers of the 20th:
A BILL to amend Code Section 40-6-47 of the Official Code of Georgia Annotated, relating to one-way roadways and rotary traffic islands, so as to provide for marking of one-way roadways at certain intersections; and for other purposes.

Referred to the Committee on Transportation.

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HB 142. By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
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 and tax commissioners, 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; to provide for increased compensation for certain county governments to offset increased costs borne by counties because of the new and increased workload in receiving, processing, and issuing motor vehicle registrations and certificates of title; and for other purposes.
Referred to the Committee on Ways & Means.
HB 143. By Representative Rogers of the 20th:
A BILL to amend Code Section 15-11-8 of the Official Code of Georgia Annotated, relating to expenses charged to the county and payment by parents or guardians, so as to provide for orders of the juvenile court to reimburse counties, the Department of Human Resources, and the Department of Juvenile Justice for certain expenses relating to juvenile court hearings and expenses for the care, treatment, support, or detention of children; to provide for notice, hearing, and a finding by the juvenile court that the parents or guardians are financially able to pay all or a part of such costs; and for other purposes.
Referred to the Committee on Judiciary.
HB 144. By Representatives Joyce of the 1st, Powell of the 23rd, Davis of the 60th, Massey of the 86th, Day of the 153rd and others:
A BILL to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private

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passenger motor vehicle; to repeal certain provisions relating to the authorization of a person with a valid permit issued pursuant to Code Section 16-11-129 to carry a handgun in any location in a motor vehicle; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 145. By Representatives Richardson of the 26th, Lewis of the 14th, Ehrhart of the 36th, Westmoreland of the 104th and Mills of the 21st:
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 natural gas; and for other purposes.

Referred to the Committee on Ways & Means.

HB 146. By Representative Rogers of the 20th:
A BILL to amend Code Section 40-5-147 of the Official Code of Georgia Annotated, relating to requirements for issuance of commercial driver's license or instruction permit, so as to change certain age requirements; and for other purposes.

1/11/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 146. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Rogers District 20

Referred to the Committee on Motor Vehicles.

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HB 147. By Representative Rogers of the 20th:
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 provide for the monitoring of the discharge of pollutants into the waters of the state by persons issued a National Pollutant Discharge Elimination System permit; to provide for enhanced fines for persons discharging pollutants into the waters of the state in excess of the permitted level; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 148. By Representative Rogers of the 20th:
A BILL to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to define certain terms; to authorize and direct the Board of Natural Resources to provide by rule or regulation for the equipping of powered vessels with a device designed to prevent the discharge of petroleum products into the waters of the state; to provide that no person shall operate a vessel equipped with a marine engine which discharges engine exhaust into the waters of the state; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 149. By Representative Rogers of the 20th:
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 provide for the monitoring of the discharge of storm-water runoff into any reservoir or recreational lake in the state by a county or municipality; to provide for rules and regulations relating to such monitoring and the reduction or elimination of the discharge of hydrocarbon compounds in storm-water runoff; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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HB 150. By Representative Rogers of the 20th:
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 a certain term; to provide that the Board of Natural Resources shall provide by rule or regulation for the permitting of the construction of parking lots; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 151. By Representative Rogers of the 20th:
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; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 152. 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; to increase the monthly maintenance charge; and for other purposes.

1/11/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 152. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Floyd District 138

Referred to the Committee on Banks and Banking.

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HB 153. By Representatives Coleman of the 142nd, Dukes of the 161st and Smith of the 175th:
A BILL to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provisions relating to the effect of changes in congressional districts on members of boards and bodies who are selected for service on the basis of residency within a congressional district; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 154. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; and for other purposes.
Referred to the Committee on Industry.
HB 155. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensure of certain nonprofit tax-exempt organizations, so as to change certain licensure qualifications; and for other purposes.
Referred to the Committee on Industry.
HB 156. By Representatives Walker of the 141st, Murphy of the 18th, Stuckey of the 67th and Martin of the 47th:
A BILL to amend Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of disciplinary actions against persons

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authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, so as to repeal confidentiality provisions concerning disciplinary actions against providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal confidentiality provisions relating to investigations by the Composite State Board of Medical Examiners; to enact the "Patient Right to Know Act of 2001"; and for other purposes.

Referred to the Committee on Judiciary.

HB 157. By Representatives Stuckey of the 67th, Walker of the 141st and Martin of the 47th:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 158. By Representatives Connell of the 115th and Buck of the 135th:
A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to extend to certain nonprofit corporations operating certain medical facilities an exemption from open records and open meetings requirements; and for other purposes.

Referred to the Committee on Ways & Means.

HB 159. By Representatives Jennings of the 63rd, Maddox of the 72nd, Snelling of the 99th and Mobley of the 69th:
A BILL to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of highway travel lanes and use of such

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lanes, so as to change certain provisions relating to minimum number of passengers in high occupancy vehicle lanes; and for other purposes.

Referred to the Committee on Transportation.

HB 160. By Representatives Buckner of the 95th, Seay of the 93rd, Jordan of the 96th, Jenkins of the 110th, Bell of the 25th and others:
A BILL to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speeds, so as to provide that the maximum speed limit in a school zone designated as such with posted signs shall be 25 miles per hour unless a lower maximum limit is posted; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 161. By Representatives Buckner of the 95th, Jordan of the 96th, Dodson of the 94th, Seay of the 93rd, Barnes of the 97th and others:
A BILL to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that certain persons entering an elementary or secondary school shall promptly inform the principal or other persons in the administrative office regarding their presence and provide information regarding their purpose; and for other purposes.

Referred to the Committee on Education.

HB 162. By Representatives Bannister of the 77th, Parsons of the 40th, Davis of the 60th, Manning of the 32nd and Maddox of the 72nd:
A BILL to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, for a railroad's violating its duty to permit passage at certain railroad crossings; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail

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lines, depots, and roads, so as to change certain provisions relating to obstructions located at crossing, disrepair of crossing, and removal of obstruction or repair of crossing by county or municipality upon failure of company to remove obstruction or repair crossing; and for other purposes.

Referred to the Committee on Transportation.

HB 163. By Representative Jennings of the 63rd:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to change certain provisions relating to passengers which may be transported by holders of Class D drivers' licenses; and for other purposes.

1/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 163. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

Referred to the Committee on Motor Vehicles.

HB 164. By Representatives Morris of the 155th, Jamieson of the 22nd, Taylor of the 134th, Porter of the 143rd and Ashe of the 46th:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide that sick leave shall not be charged for certain periods of absence due to certain injuries sustained during the performance of duties; and for other purposes.

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Referred to the Committee on Education.

HB 165. By Representatives Jennings of the 63rd, Birdsong of the 123rd, Snelling of the 99th and Rogers of the 20th:
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; and for other purposes.

1/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 165. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

Referred to the Committee on Ways & Means.

HB 166. By Representatives Bannister of the 77th, Golick of the 30th, Harbin of the 113th, Shaw of the 176th and Bohannon of the 139th:
A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require certain insurers to provide a loss history to an insured under certain circumstances; and for other purposes.

Referred to the Committee on Insurance.

HB 167. By Representatives Stancil of the 16th, Pinholster of the 15th, Ehrhart of the 36th, Wiles of the 34th and Smith of the 19th:

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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; and for other purposes.
Referred to the Committee on Ways & Means.
HB 168. By Representatives Reichert of the 126th, Hudson of the 156th, Brown of the 130th, Lewis of the 14th and Bell of the 25th:
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; and for other purposes.
Referred to the Committee on Industry.
HB 169. By Representatives Channell of the 111th, Parrish of the 144th, Coleman of the 142nd, Jamieson of the 22nd and Parham of the 122nd:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.
Referred to the Committee on Insurance.
HB 170. By Representatives Ray of the 128th, Floyd of the 138th, Purcell of the 147th and Holland of the 157th:
A BILL to amend Article 2 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Farm Animal and Research Facilities Protection Act," so as to revise the "Georgia Farm Animal and Research Facilities Protection Act"; to enact the "Georgia Farm Animal, Crop, and Research Facilities Protection Act"; and for other purposes.

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Referred to the Committee on Agriculture and Consumer Affairs.
HB 171. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to change certain definitions; to assent to certain federal laws; to provide for the use of certain funds; to change certain provision relative to hunting, trapping, and fishing in certain public areas; to establish criminal violations of certain rules and regulations; to provide for the sale of hunting, fishing, and trapping licenses by telephone and over the Internet; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 172. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to provide for the opening and closing of the waters of the state to the taking of horseshoe crabs for bait; to limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license; to prohibit the taking and possession of more than 25 horseshoe crabs; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 173. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Part 1 of Article 4 of Chapter 4 of Title 27, relating to general provisions relative to seafood, so as to change the minimum size allowable for possession of tarpon; to define a certain term; to prohibit the taking of Atlantic bill fish; and for other purposes.
Referred to the Committee on Game, Fish & Parks.

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HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.

Referred to the Committee on Appropriations.

HB 175. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2001 and ending June 30, 2002; and for other purposes.

Referred to the Committee on Appropriations.

HB 176. By Representatives Birdsong of the 123rd, Stallings of the 100th, Bunn of the 74th, Heckstall of the 55th, Smith of the 19th and others:
A BILL to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that each local board of education may issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in World War II; to provide that certain honorably discharged veterans who served in World War II between September 16, 1940, and December 31, 1946, and who did not graduate from high school are eligible for a diploma; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 177. By Representatives Buckner of the 95th, Holmes of the 53rd, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A BILL to amend Code Section 21-2-414 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities and public opinion

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polling within the vicinity of a polling place, so as to prohibit campaign activities, public opinion polling, and petitioning within 150 feet of any polling place at which absentee ballots are being cast and within 25 feet of any voter standing in line to vote by absentee ballot; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 178. By Representatives Buckner of the 95th, Cash of the 108th, Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and others:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a local law enforcement officer shall conduct the initial investigation of alleged child abuse; to provide that an employee of the child welfare agency providing protective services as designated by the Department of Human Resources may assist in the initial investigation of alleged child abuse; to change certain provisions relating to the child abuse protocol committee and the written child abuse protocol; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 179. By Representatives Birdsong of the 123rd, Buck of the 135th, Skipper of the 137th, Cummings of the 27th, Jamieson of the 22nd 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 180. By Representatives Childers of the 13th and Reece of the 11th:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Rome Judicial Circuit; and for other purposes.

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Referred to the Committee on Judiciary.
HB 181. By Representative Squires of the 78th:
A BILL to amend Code Section 15-11-30.2 of the Official Code of Georgia Annotated, relating to transfer from the juvenile court to another court for prosecution, so as to change the standards for determining whether to transfer a child for prosecution in another court; and for other purposes.
Referred to the Committee on Judiciary.
HB 182. By Representatives Birdsong of the 123rd and Holmes of the 53rd:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to provide that in any general primary where an unopposed candidate is seeking party nomination for a public office, where such candidate's name appears on the primary ballot but such candidate fails to receive a single vote, such candidate shall not be nominated for such public office and such party shall not have a candidate for that public office on the ballot in the ensuing general election; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 183. By Representatives Birdsong of the 123rd, Bunn of the 74th, Heckstall of the 55th, Smith of the 19th, Hembree of the 98th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for certain motor vehicle owners who are retired members of the armed forces of the United States; to provide for the issuance of one free special license plate to such retired member of the armed forces of the United States; and for other purposes.

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Referred to the Committee on Motor Vehicles.

HB 184. By Representatives Powell of the 23rd, Parham of the 122nd, Bulloch of the 180th, McCall of the 90th and Porter of the 143rd:
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 a violation of said Code section shall not be a moving traffic violation; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 185. By Representatives Powell of the 23rd, Porter of the 143rd, Parham of the 122nd, Purcell of the 147th, McCall of the 90th 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 certain sales of electricity for additional irrigation purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 186. By Representatives Powell of the 23rd, Greene of the 158th, Cummings of the 27th, Porter of the 143rd, Jamieson of the 22nd 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 health insurance for a qualifying family member; and for other purposes.

Referred to the Committee on Insurance.

HB 187. By Representatives Powell of the 23rd, Parham of the 122nd and Walker of the 141st:

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A BILL to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to provide that minimum uninsured motorist coverages shall be equal to the limits of liability contained in the insured's automobile or motor vehicle liability policy; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 188. By Representatives Joyce of the 1st, Holmes of the 53rd, Stuckey of the 67th, Brooks of the 54th, Kaye of the 37th and others:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices; to provide a short title; to provide for purpose and legislative intent; to change the provisions relating to procedures for qualification of candidates generally; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 189. By Representative Snow of the 2nd:
A BILL to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to change certain provisions relating to traffic violations bureaus; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 23.

By Representative Rogers of the 20th: A RESOLUTION compensating Mr. Ray Jones; and for other purposes.

Referred to the Committee on Appropriations.

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HR 24.

By Representative Rogers of the 20th: A RESOLUTION compensating Mr. Ronald Poole; and for other purposes.

Referred to the Committee on Appropriations.

HR 25.

By Representatives Day of the 153rd, Keen of the 174th, Tillman of the 173rd, Stephens of the 150th, Barnard of the 154th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Coastal Georgia Beach Renourishment Trust Fund from which funds shall be disbursed for the purposes of renourishing, managing, and preserving Georgia's coastal beaches; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 26.

By Representatives Golick of the 30th, Lord of the 121st, Shaw of the 176th, Harbin of the 113th and Bannister of the 77th:
A RESOLUTION creating the House Insurance Rate Regulation Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 27.

By Representatives Stephens of the 150th, Bordeaux of the 151st, Day of the 153rd, Pelote of the 149th and Mueller of the 152nd:
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; and for other purposes.

Referred to the Committee on Industry.

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HR 28.

By Representatives Porter of the 143rd, Channell of the 111th, Hudson of the 120th, Parrish of the 144th, Ashe of the 46th and others:
A RESOLUTION proclaiming the Georgia Water Bill of Rights; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 86.

By Representatives Ragas of the 64th, Watson of the 70th, Porter of the 143rd, Turnquest of the 73rd, Jamieson of the 22nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may authorize local boards of education to levy and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 14 HB 29 HB 110 HB 111 HB 112 HB 113 HB 114 HB 115 HB 116 HB 117 HB 118 HB 119

HB 120 HB 121 HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 HR 17 HR 18

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Pursuant to Rule 52, Representative Heard of the 89th moved that the following Bill of the House be engrossed:

HB 123. By Representatives Heard of the 89th and Buck of the 135th:
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; and for other purposes.

The motion prevailed.

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 15. By Representatives Westmoreland of the 104th, Walker of the 141st, Ehrhart of the 36th, Skipper of the 137th and Smyre of the 136th:
A RESOLUTION relative to adjournment; and for other purposes.

The following Resolution of the House was read:

HR 33. By Representatives Walker of the 141st, Murphy of the 18th, Parham of the 122nd, Smyre of the 136th, Skipper of the 137th and others

A RESOLUTION Calling a joint session of the Georgia General Assembly on January 23, 2001, in

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Milledgeville, Georgia; and for other purposes.
WHEREAS, the years after the American Revolution were a period of great population growth for Georgia, with most new settlers moving to newly opened lands in Georgias interior; and
WHEREAS, the westward movement of Georgias frontier led the Georgia General Assembly to move the state capital from Savannah to Augusta in 1785 and then to Louisville in 1795; and
WHEREAS, in the Treaty of Fort Wilkinson in 1802, Creek Indians ceded lands westward to the Oconee River to Georgia, lands which the General Assembly divided into Baldwin and Wilkinson counties on May 11, 1803; and
WHEREAS, on that same day, a joint session of the General Assembly appointed a commission to select a site at the head of navigation of the Oconee River which would be suitable for a permanent capital to be named Milledgeville; and
WHEREAS, in December, 1804, the General Assembly accepted the plans presented by the commissioners; and
WHEREAS, a town was laid out, and lots were sold to finance construction of a new Georgia Capitol on a twenty-acre Government Square; and
WHEREAS, construction of the new Georgia Capitol took two years and eventually cost almost $80,000.00; and
WHEREAS, when completed in the fall of 1807, the new Gothic Revival brick building was a magnificent and distinctive statehouse with walls four feet thick; and
WHEREAS, Georgias Capitol at Milledgeville would serve as statehouse for the following six decades, a period during which momentous events in Georgia and United States history would occur; and
WHEREAS, in 1838, the State of Georgia built a large executive mansion, which would serve as home to Georgia Governors from 1838 to 1868; and
WHEREAS, this historic Greek Revival structure now serves as a state museum and has been designated a National Historic Landmark; and
WHEREAS, Milledgeville served as state capital of Georgia until Reconstruction, when framers of the Constitution of 1868 provided that if the new Constitution was ratified by the voters of Georgia, Atlanta would become the new state capital; and

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WHEREAS, the Constitution of 1868 was ratified by voters in April 1868; and
WHEREAS, on June 30, 1868, a train of 16 cars left Atlanta for Milledgeville with an order from the provisional Governor to bring back statehouse furniture and furnishings, including full-length portraits of Jefferson, Washington, Oglethorpe, Franklin, and Lafayette painted in 1826 that now hang in the rotunda of the present State Capitol of Georgia; and
WHEREAS, the former State Capitol at Milledgeville subsequently served as Baldwin County Courthouse for several years before being converted into the home of the Georgia Military College in 1879; and
WHEREAS, the Georgia Military College has owned and occupied the building continuously since 1879; and
WHEREAS, the former Georgia State Capitol was severely damaged by fire in 1941 but was subsequently rebuilt in its former design and continues today as part of the Georgia Military College; and
WHEREAS, because of the importance of this historic structure, the Georgia Military College with the support of Governors Zell Miller and Roy Barnes and the Georgia General Assembly undertook a major restoration of the former Capitol building; and
WHEREAS, the restoration began in 1998 and was completed with a celebration marking the completion of the restoration in October, 2000; and
WHEREAS, on the 250th anniversary of representative government in Georgia, it is only fitting and proper that Milledgeville and its former State Capitol be recognized for the six critical decades that they served the people and governmental institutions of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Georgia General Assembly be held on January 23, 2001, in the Legislative Chamber of the former State Capitol in Milledgeville for an address by His Excellency Governor Roy E. Barnes followed by a visit to the Old Governors Mansion.
BE IT FURTHER RESOLVED that the hour of convening the joint session, the admission of guests to the joint session, and other matters relating to the joint session shall be as ordered by the presiding officers of the Senate and the House of Representatives.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Borders Y Bridges Brooks Y Broome Y Brown Buck Y Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Harbin E Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Massey Y McBee Y McCall Y McClinton McKinney E Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution was adopted.

Representative Buck of the 135th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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145

Representative Rice of the 79th 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 following Resolutions of the House were read and referred to the Committee on Rules:

HR 34.

By Representatives Purcell of the 147th, Murphy of the 18th and Walker of the 141st:
A RESOLUTION inviting Trey Cocus, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

HR 35.

By Representatives Connell of the 115th, Coleman of the 142nd, Murphy of the 18th, Howard of the 118th, DeLoach of the 119th and others:
A RESOLUTION commending Dr. Francis J. Tedesco as the distinguished President of the Medical College of Georgia and inviting him to appear before the House of Representatives; and for other purposes.

HR 36.

By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th, Hudson of the 156th, Tillman of the 173rd and others:
A RESOLUTION commending Mr. John F. Gwizdak and inviting him to appear before the House of Representatives; and for other purposes.

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 25 Do Pass HB 31 Do Pass, by Substitute HB 106 Do Pass

HB 107 Do Pass HB 108 Do Pass HB 109 Do Pass

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

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 8 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
The Honorable Robert Benham appeared upon the floor of the House and addressed the Joint Session.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Ways & Means:

HB 49. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd,Skipper of the 137th, Heard of the 89th and others:

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147

A BILL to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 29.

By Representative Jamieson of the 22nd: A RESOLUTION commending Richard Silvers; and for other purposes.

HR 30.

By Representative Squires of the 78th: A RESOLUTION commending Nicholas Zingarelli; and for other purposes.

HR 31.

By Representative Ray of the 128th:
A RESOLUTION commending Trey Sherrell on becoming an Eagle Scout; and for other purposes.

HR 32.

By Representative Ray of the 128th:
A RESOLUTION honoring Sheriff Johnnie V. Becham on the occasion of his retirement; and for other purposes.

HR 37.

By Representatives Purcell of the 147th, Jenkins of the 110th and Lunsford of the 109th:
A RESOLUTION recognizing and commending Trey Cocus; and for other purposes.

HR 38.

By Representatives Purcell of the 147th, Childers of the 13th, Smith of the 12th and Reece of the 11th:
A RESOLUTION recognizing and commending Jamie Woodward; and for other purposes.

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HR 39.

By Representatives Purcell of the 147th and Birdsong of the 123rd:
A RESOLUTION recognizing and commending Brandelyn Scott; and for other purposes.

HR 40.

By Representatives Purcell of the 147th, Mosley of the 171st and Byrd of the 170th:
A RESOLUTION commending Andy Beaver; and for other purposes.

HR 41.

By Representatives Purcell of the 147th and Jamieson of the 22nd:
A RESOLUTION recognizing and commending Andrew Haygood; and for other purposes.

HR 42.

By Representatives Purcell of the 147th and Smith of the 103rd:
A RESOLUTION recognizing an commending Jennifer Nowicki; and for other purposes.

HR 43.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Jessie Davis; and for other purposes.

HR 44.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing an commending Rachel McCarthy; and for other purposes.

HR 45. By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:

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149

A RESOLUTION recognizing and commending Laurie Murrah; and for other purposes.

HR 46.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Laurie Murrah; and for other purposes.

HR 47.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Jeremy Scoggins; and for other purposes.

HR 48.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Mollie Rice; and for other purposes.

HR 49.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Jason Scoggins; and for other purposes.

HR 50.

By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:
A RESOLUTION recognizing and commending Josh Scoggins; and for other purposes.

HR 51. By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:

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A RESOLUTION recognizing and commending Seth Turner; and for other purposes.

HR 52.

By Representatives Purcell of the 147th, Bridges of the 9th and Twiggs of the 8th:
A RESOLUTION recognizing and commending Casey Sherman; and for other purposes.

HR 53.

By Representatives Purcell of the 147th and Holland of the 157th:
A RESOLUTION recognizing and commending Austin Carter; and for other purposes.

HR 54.

By Representatives Purcell of the 147th and McCall of the 90th: A RESOLUTION commending Missy Ball; and for other purposes.

HR 55.

By Representatives Purcell of the 147th and McCall of the 90th:
A RESOLUTION recognizing and commending Ashley Branan; and for other purposes.

HR 56.

By Representatives Purcell of the 147th and Coleman of the 142nd: A RESOLUTION commending Jed Evans; and for other purposes.

HR 57.

By Representatives Purcell of the 147th, Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A RESOLUTION recognizing and commending Joseph Walraven; and for other purposes.

HR 58. By Representatives Purcell of the 147th and Smith of the 91st:

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151

A RESOLUTION recognizing and commending Erin Shealy; and for other purposes.

HR 59.

By Representatives Buckner of the 95th, Murphy of the 18th, Birdsong of the 123rd, Walker of the 141st, Skipper of the 137th and others:
A RESOLUTION expressing regret at the loss of US Navy Signalman Seaman Recruit Cherone Louis Gunn; and for other purposes.

HR 60.

By Representative Rogers of the 20th:
A RESOLUTION recognizing and commending Kingsley Barrett; and for other purposes.

HR 61.

By Representative Rogers of the 20th:
A RESOLUTION recognizing and commending Stuart Moore; and for other purposes.

HR 62.

By Representative Rogers of the 20th:
A RESOLUTION expressing regret at the passing of Henry O. Ward; and for other purposes.

HR 63.

By Representative Rogers of the 20th:
A RESOLUTION expressing regret at the passing of Byron Broome; and for other purposes.

HR 64.

By Representatives Bannister of the 77th, Dix of the 76th, Unterman of the 84th and Coan of the 82nd:
A RESOLUTION commending the Parkview High School Panthers football team; and for other purposes.

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HR 65.

By Representative Pelote of the 149th:
A RESOLUTION in memory of Mr. William Alexander; and for other purposes.

HR 66.

By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Reverend William Herbert Snipes; and for other purposes.

HR 67.

By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A RESOLUTION commending the Shaw High School Football Team; and for other purposes.

HR 68.

By Representatives Royal of the 164th, Skipper of the 137th, Walker of the 141st, Martin of the 47th, Jamieson of the 22nd and others:
A RESOLUTION expressing regret at the passing of Walter Edwin "Ed" Sumner; and for other purposes.

HR 69.

By Representative Royal of the 164th:
A RESOLUTION commending the Westwood Wildcats High School football team; and for other purposes.

HR 70.

By Representatives Coleman of the 142nd and Dukes of the 161st:
A RESOLUTION recognizing and commending Dr. Otis J. Williams, Jr.; and for other purposes.

HR 71.

By Representative Channell of the 111th:
A RESOLUTION commending and congratulating Walker David Ralston, Jr.; and for other purposes.

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153

HR 72.

By Representative Royal of the 164th:
A RESOLUTION commending and congratulating Laura Vann; and for other purposes.

HR 73.

By Representatives Buckner of the 95th, Seay of the 93rd, Jordan of the 96th, Dodson of the 94th and Barnes of the 97th:
A RESOLUTION recognizing and commending Toni Wilkerson on her selection as Clayton County's Teacher of the Year 2001; and for other purposes.

HR 74.

By Representatives Buckner of the 95th, Seay of the 93rd, Barnes of the 97th, Dodson of the 94th and Jordan of the 96th:
A RESOLUTION recognizing and commending Honey Clarke; and for other purposes.

HR 75.

By Representatives Buckner of the 95th, Seay of the 93rd, Barnes of the 97th, Dodson of the 94th and Jordan of the 96th:
A RESOLUTION recognizing and commending Tim Jones; and for other purposes.

HR 76.

By Representatives Kaye of the 37th, Teper of the 61st, Unterman of the 84th, Golick of the 30th, Henson of the 65th and others:
A RESOLUTION honoring Congregation Etz Chaim and Rabbi Shalom Le wis; and for other purposes.

HR 77.

By Representatives Purcell of the 147th, Smith of the 175th and Smith of the 169th:
A RESOLUTION recognizing and commending Courtney Thornton; and for other purposes.

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HR 78.

By Representative Rice of the 79th:
A RESOLUTION commending David M. Grace on becoming an Eagle Scout; and for other purposes.

HR 79.

By Representative Channell of the 111th:
A RESOLUTION commending and congratulating Nettie Lou Smallwood Hester and Charles Wesley Hester on their 65 years of marriage; and for other purposes.

HR 80.

By Representatives Hugley of the 133rd, Epps of the 131st, Taylor of the 134th, Smyre of the 136th, Heard of the 89th and others:
A RESOLUTION expressing regret at the passing of Edward Jonathan Mangham; and for other purposes.

HR 81.

By Representatives Rice of the 79th, Smith of the 103rd, Hudgens of the 24th, Dix of the 76th, Sanders of the 107th and others:
A RESOLUTION recognizing Volunteer Blood Donor Month; and for other purposes.

HR 82.

By Representatives Wix of the 33rd, Hines of the 38th, Parsons of the 40th, Manning of the 32nd, Johnson of the 35th and others:
A RESOLUTION commending Kimberly Satcher; and for other purposes.

HR 83.

By Representatives Purcell of the 147th and Royal of the 164th: A RESOLUTION commending Melissa Davis; and for other purposes.

HR 84.

By Representatives Purcell of the 147th and Barnard of the 154th:
A RESOLUTION recognizing and commending Steven Spandle; and for other purposes.

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155

HR 85.

By Representatives Purcell of the 147th and Pinholster of the 15th:
A RESOLUTION recognizing and commending Miranda Brooks; and for other purposes.

HR 87.

By Representatives Heckstall of the 55th, Birdsong of the 123rd, Bunn of the 74th, Squires of the 78th and Roberts of the 162nd:
A RESOLUTION encouraging the young people of Georgia to join the Georgia National Guard; and for other purposes.

Pursuant to HR 15, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, January 23, 2001.

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Representative Hall, Atlanta, Georgia Tuesday, January 23, 2001

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:

Amerson Ashe Bannister Barnes Bell Black Boggs E Bohannon Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burmeister Byrd Callaway Campbell Cash Channell Childers Coleman, B Collins Connell Crawford Cummings

Davis Day Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Golick E Graves Greene Hammontree Hanner Harbin Harrell Heard E Heckstall E Hembree Hines Holland Houston Howard

Hudgens Hudson, N E Hudson, S Hugley Irvin Jackson, B Jackson, L Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lunsford Mangham Mann Manning Massey McBee McClinton Millar Mills

Morris Mosley Mueller Orrock E Parham Parrish Parsons Pelote Pinholster Poag Purcell Randall Reece Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid E Scott Seay Sholar

Skipper Smith, C Smith, L Smith, P Smith, T Smith, V E Snelling Snow Stallings Stancil Stanley-Turner Stokes Stuckey Taylor Teper Tillman Turnquest Twiggs Unterman Walker, R.L Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Bordeaux of the 151st, Burkhalter of the 41st, Coleman of the 142nd, Cooper of the 31st, Cox of the 105th, Dix of the 76th, Henson of the 65th, Holmes of the 53rd, James of the 140th, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, Mobley of the 69th, Powell of the 23rd, Ragas of the 64th, Ray of the 128th, Reed of the 52nd, Shanahan of the 10th,

TUESDAY, JANUARY 23, 2001

157

Sims of the 167th, Sinkfield of the 57th, Smith of the 169th, Smith of the 19th, Stephens of the 150th, Watson of the 70th, West of the 101st, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Danny R. Cochran, Pastor, Holly Creek Baptist Church, Chatsworth, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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 of the House were introduced, read the first time and referred to the Committees:

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HB 190. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Buck of the 135th, Cummings of the 27th and others:
A BILL to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to create the Commission for the Celebration of 250 Years of Representative Government in Georgia; to provide for the membership of the commission and the powers and duties of the commission and the Secretary of State; and for other purposes.

Referred to the Committee on Rules.

HB 191. By Representative Martin of the 47th:
A BILL to revise provisions of the Official Code of Georgia Annotated, relating to secured transactions and financial institutions; to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 9 relating to secured transactions; and for other purposes.

Referred to the Committee on Judiciary.

HB 192. By Representative Parham of the 122nd:
A BILL to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change certain provisions relating to alteration of suspension system and operation of vehicle with broken springs; to change certain provisions relating to taillights; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 193. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of

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159

convictions to the Department of Public Safety, so as to change certain provisions relating to fees; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 194. By Representative Parham of the 122nd:
A BILL to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to prohibit use thereof on public highways; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 195. By Representatives Smith of the 169th, Hudson of the 156th, Epps of the 131st, Ehrhart of the 36th, Orrock of the 56th and others:
A BILL to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to scope of practice; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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

HB 2 HB 15 HB 130 HB 131 HB 132 HB 133 HB 134 HB 135 HB 136 HB 137 HB 138

HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169 HB 170 HB 171 HB 172 HB 173

160
HB 139 HB 140 HB 141 HB 142 HB 143 HB 144 HB 145 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162

JOURNAL OF THE HOUSE
HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180 HB 181 HB 182 HB 183 HB 184 HB 185 HB 186 HB 187 HB 188 HB 189 HR 23 HR 24 HR 25 HR 26 HR 27 HR 28 HR 86

Pursuant to Rule 52, Representative Kaye of the 37th moved that the following Bill of the House be engrossed:

HB 15.

By Representatives Kaye of the 37th, Snelling of the 99th, Jennings of the 63rd, Graves of the 125th, Stephens of the 150th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, accessories, footwear, school supplies, and computer equipment for a limited period of time; and for other purposes.

The motion prevailed.

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161

Pursuant to Rule 52, Representative Rogers of the 20th moved that the following Bill of the House be engrossed:

HB 146. By Representative Rogers of the 20th:
A BILL to amend Code Section 40-5-147 of the Official Code of Georgia Annotated, relating to requirements for issuance of commercial driver's license or instruction permit, so as to change certain age requirements; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed:

HB 152. 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; to increase the monthly maintenance charge; and for other purposes.

The motion prevailed.

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

HB 163. By Representative Jennings of the 63rd:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to change certain provisions relating to passengers which may be transported by holders of Class D drivers' licenses; and for other purposes.

The motion prevailed.

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

HB 165. By Representatives Jennings of the 63rd, Birdsong of the 123rd, Snelling of the 99th and Rogers of the 20th:
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; and for other 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 13 HR 20 HR 36

Do Pass Do Pass Do Pass

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

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

TUESDAY, JANUARY 23, 2001

163

Representative Mann of the 5th arose to a point of personal privilege and addressed the House.

Representative Walker of the 141st moved that the following Bill of the House be recommitted to the Committee on Judiciary:

HB 31. By Representatives Walker of the 141st, Skipper of the 137th, Martin of the 47th and Reichert of the 126th:
A BILL to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to change the requirements for description of real property to be sold at judicial sales and other sales advertised in the same manner as judicial sales; and for other purposes.
The motion prevailed.

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

HR 13.

By Representative Royal of the 164th:
A RESOLUTION inviting the coaches and players of the Westwood Wildcats High School football team to appear before the House of Representatives; and for other purposes.

HR 20.

By Representatives Jackson of the 112th, Harbin of the 113th, Burmeister of the 114th and Lane of the 146th:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 36. By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th, Hudson of the 156th, Tillman of the 173rd and others:

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A RESOLUTION commending Mr. John F. Gwizdak and inviting him to appear before the House of Representatives; and for other purposes.

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

HB 25.

By Representatives Ehrhart of the 36th and Wiles of the 34th:
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; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey

Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, JANUARY 23, 2001

E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper
Smith, B

165
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 153, 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 adopted by the requisite constitutional majority, the following resolution of the House:
HR 33. By Representatives Walker of the 141st, Murphy of the 18th, Parham of the 122nd, Smyre of the 136th, Skipper of the 137th and others:
A RESOLUTION calling a joint session of the Georgia General Assembly on January 23, 2001, in Milledgeville, Georgia; and for other purposes.
The President appointed as a Committee of Escort the following Senators: Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Starr of the 44th, Walker of the 22nd, Johnson of the 1st, and Smith of the 25th.

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

HB 106. By Representative Martin of the 47th:
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

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Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 23, 2001

167

HB 108. By Representative Martin of the 47th:
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; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 109. By Representative Martin of the 47th:
A BILL to amend Code Section 51-1-37 of the Official Code of Georgia Annotated, relating to the cause of action for negligent or improper administration of a polygraph examination and the measure of damages, so as to delete the provisions relating to administration of the polygraph examination in conformity with the provisions of former Chapter 36 of Title 43 of the Official Code of Georgia Annotated; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest

Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, JANUARY 23, 2001

Y Hanner Y Harbin Y Harrell Y Heard E Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

169
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 89.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th, Jackson of the 148th, Stephens of the 150th and others:
A RESOLUTION commending and expressing appreciation to the SkyeLite Jazz Band of Savannah Arts Academy; and for other purposes.

The following Resolution of the House was read:

HR 91. By Representatives Walker of the 141st, Westmoreland of the 104th, Ehrhart of the 36th and DeLoach of the 172nd

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 26, 2001, and shall reconvene on Monday, January 29, 2001, and that as authorized by Code Section 28-1-2, the hour for

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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 2001 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

TUESDAY, JANUARY 23, 2001

171

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 92.

By Representative Royal of the 164th:
A RESOLUTION commending the Westwood Wildcats varsity cheerleaders; and for other purposes.

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

HR 93.

By Representatives Wiles of the 34th, Ehrhart of the 36th, Cooper of the 31st, Hines of the 38th, Parsons of the 40th and others:
A RESOLUTION commending the Harrison High School Girls Golf Team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

HR 94.

By Representatives Wiles of the 34th, Ehrhart of the 36th, Cooper of the 31st, Hines of the 38th, Parsons of the 40th and others:
A RESOLUTION commending the Harrison High School Girls' Softball Team and inviting the team and their coach to appear before the House of Representatives; and for other purposes.

HR 95. By Representatives Wiles of the 34th, Hines of the 38th, Ehrhart of the 36th, Franklin of the 39th and Kaye of the 37th:

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A RESOLUTION commending the Harrison High School Girls Cross Country Team and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

HR 96.

By Representatives Dukes of the 161st and Roberts of the 162nd:
A RESOLUTION declaring January 24, 2001, 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; and for other purposes.

HR 97.

By Representatives Jennings of the 63rd, Stuckey of the 67th, Harrell of the 62nd, Smith of the 103rd, Ashe of the 46th and others:
A RESOLUTION recognizing February 8, 2001, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives; and for other purposes.

HR 98.

By Representatives Beasley-Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Epps of the 131st, Seay of the 93rd and others:
A RESOLUTION proclaiming the first 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; and for other purposes.

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 23 Do Pass HB 110 Do Pass

HB 111 Do Pass HB 113 Do Pass

TUESDAY, JANUARY 23, 2001

173

Respectfully submitted, /s/ Holmes of the 53rd
Chairman
The following communications were received:
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
January 11, 2001
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fourth Congressional District. He will serve for a term beginning April 16, 2001, and expiring April 15, 2006. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable Brad Hubbert Honorable Stan Watson Honorable Mary Squires

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Mr. Tom Coleman Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

The General Assembly Atlanta, Georgia 30334

TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Brad Hubbert 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 Fourth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2001, and expiring April 15, 2006.
This 11th day of January, 2001.
/s/ Mark Taylor PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES

The General Assembly Atlanta, Georgia 30334
January 11, 2001

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 10, 2001, in the Senate Chamber of the state capitol building. At that caucus Honorable Brad Hubbert was elected as a member of the State

TUESDAY, JANUARY 23, 2001

175

Transportation Board from the Fourth Congressional District to serve a term beginning April 16, 2001, and expiring April 15, 2006.
Respectfully submitted,
/s/ Stan Watson REPRESENTATIVE, 70TH DISTRICT CHAIRMAN
/s/ Mary Squires REPRESENTATIVE, 78TH DISTRICT SECRETARY

The General Assembly Atlanta, Georgia 30334
January 11, 2001

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 10, 2001, in the Senate Chamber of the state capitol building. At that caucus Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fourth Congressional District to serve a term beginning April 16, 2001, and expiring April 15, 2006.
Respectfully submitted,
/s/ Stan Watson REPRESENTATIVE, 70TH DISTRICT CHAIRMAN
/s/ Mary Squires REPRESENTATIVE, 78TH DISTRICT SECRETARY

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Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
January 11, 2001
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable H. Boyd Pettit III was elected as a member of the State Transportation Board from the Seventh Congressional District. He will serve for a term beginning April 16, 2001, and expiring April 15, 2006. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable H. Boyd Pettit III Honorable Richard O. Marable Honorable Vance Smith, Jr. Mr. Tom Coleman Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.
The General Assembly Atlanta, Georgia 30334

TUESDAY, JANUARY 23, 2001

177

TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable H. Boyd Pettit III 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 Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2001, and expiring April 15, 2006.
This 11th day of January, 2001.
/s/ Mark Taylor PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES
The General Assembly Atlanta, Georgia 30334
January 11, 2001
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 10, 2001, in the Senate Chamber of the state capitol building. At that caucus Honorable H. Boyd Pettit III was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 2001, and expiring April 15, 2006.
Respectfully submitted,
/s/ Richard O. Marable SENATOR, 52ND DISTRICT CHAIRMAN

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/s/ Vance C. Smith, Jr. REPRESENTATIVE, 102ND DISTRICT SECRETARY
The General Assembly Atlanta, Georgia 30334
January 11, 2001
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
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 10, 2001, in the Senate Chamber of the state capitol building. At that caucus Honorable H. Boyd Pettit III was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 2001, and expiring April 15, 2006.
Respectfully submitted,
/s/ Richard O. Marable SENATOR, 52ND DISTRICT CHAIRMAN
/s/ Vance C. Smith, Jr. REPRESENTATIVE, 102ND DISTRICT SECRETARY
The Speaker announced the House in recess until 4:30 o'clock this afternoon. The House will reconvene in Joint Session at the Old Capitol in Milledgeville, Georgia.

TUESDAY, JANUARY 23, 2001

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AFTERNOON SESSION

The hour of convening the Joint Session pursuant to HR 33 having arrived, 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 and addressed the Joint Session.

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

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, January 24, 2001.

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Representative Hall, Atlanta, Georgia Wednesday, January 24, 2001
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 Chuck Hodges, Pastor, Peachtree City United Methodist Church, Peachtree City, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

WEDNESDAY, JANUARY 24, 2001

181

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 21.

By Representatives Manning of the 32nd, Parsons of the 40th, Collins of the 29th, Johnson of the 35th, Golick of the 30th and others:
A BILL to provide for a homestead exemption from certain City of Marietta 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; and for other purposes.

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

HB 196. By Representatives Coleman of the 142nd, Burkhalter of the 41st, Hanner of the 159th and Shaw of the 176th:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that the design of any new state buildings shall be done in such manner so as to minimize the destruction of trees; to provide that any new building construction project shall include landscaping which minimizes the destruction of trees and provides for the planting of indigenous trees; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 197. By Representative Sims of the 167th:
A BILL to provide for the nonpartisan nomination and election of the chief magistrate of Coffee County; and for other purposes.

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

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HB 198. By Representative Sims of the 167th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coffee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 199. By Representatives Coleman of the 142nd, Morris of the 155th, Purcell of the 147th, Skipper of the 137th, Barnard of the 154th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.
Referred to the Committee on Transportation.
HB 200. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 13 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Public Telecommunications Commission, so as to change the provisions relating to the establishment of the Georgia Public Telecommunications Commission; to change the composition of the Georgia Public Telecommunications Commission; and for other purposes.
Referred to the Committee on Industry.
HB 201. By Representatives Ragas of the 64th, Stokes of the 92nd, Dix of the 76th, Squires of the 78th and Wiles of the 34th:
A BILL to amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for an alternative to detention in a youth development center; and for other purposes.

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Referred to the Committee on Children & Youth.
HB 202. By Representatives Jamieson of the 22nd, Reece of the 11th, Parrish of the 144th, Channell of the 111th, Stancil of the 16th and others:
A BILL to amend Code Section 35-2-42 of the Official Code of Georgia Annotated, relating to compensation of certain members of the Department of Public Safety and certain members of the Georgia Bureau of Investigation, so as to increase the amounts of certain incentive pay; and for other purposes.
Referred to the Committee on Public Safety.
HB 203. By Representatives Mills of the 21st, Coleman of the 80th, Smith of the 102nd, Kaye of the 37th and Manning of the 32nd:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum benefit; and for other purposes.
Referred to the Committee on Retirement.
HB 204. By Representatives Buckner of the 95th, Seay of the 93rd, Jordan of the 96th and Jenkins of the 110th:
A BILL to amend Code Section 40-6-183 of the Official Code of Georgia Annotated, relating to alteration of speed limits by local authorities, so as to change the provisions relating to authorized alteration of speed limits with respect to school speed zones; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 205. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd and Roberts of the 132nd:

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A BILL to repeal the charter of the Town of Bibb City, which was incorporated by an order of the Superior Court of Muscogee County at the August, 1909, term of court and recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County; and for other purposes.

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

HB 206. By Representatives Scheid of the 17th, Hanner of the 159th, Stancil of the 16th and Pinholster of the 15th:
A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to provide that local water authorities shall have the authority to establish a program pursuant to which customers may make voluntary contributions to conservation and environmental projects; to provide that such authorities may establish and operate such projects; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 207. By Representatives Reichert of the 126th, Murphy of the 18th, Wix of the 33rd, Scheid of the 17th and Hudgens of the 24th:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that any person who accepts a check in exchange for a cash payment to the maker of the check pursuant to an agreement to defer presentment of the check shall be licensed in this state; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 208. By Representatives Bannister of the 77th, Dix of the 76th, Parsons of the 40th, Davis of the 60th and Coleman of the 142nd:
A BILL to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties, so as to prohibit the use or possession of certain body armor during the

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commission or attempted commission of certain offenses and provide enhanced criminal penalties therefor; to change provisions relating to use or possession of certain firearms during the commission or attempted commission of certain offenses and enhanced criminal penalties therefor; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 209. By Representatives McBee of the 88th, Purcell of the 147th, Shanahan of the 10th, Taylor of the 134th, Coleman of the 80th and others:
A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to reduce the penalty for early retirement; and for other purposes.

Referred to the Committee on Retirement.

HB 210. By Representatives McBee of the 88th, Cummings of the 27th, Purcell of the 147th, Taylor of the 134th and Coleman of the 80th:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide conditions pursuant to which a retired member of such retirement system may return to service and maintain his or her benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 211. By Representatives McBee of the 88th, Powell of the 23rd, Purcell of the 147th, Taylor of the 134th, Coleman of the 80th and others:
A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to eliminate a penalty for early retirement; and for other purposes.

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Referred to the Committee on Retirement.
HB 212. By Representatives Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th and Day of the 153rd:
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; and for other purposes.
Referred to the Committee on Judiciary.
HB 213. By Representatives Stephens of the 150th, Day of the 153rd and Irvin of the 45th:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents with respect to state ad valorem taxes; and for other purposes.
Referred to the Committee on Ways & Means.
HB 214. By Representatives Stephens of the 150th, Lanier of the 145th, Day of the 153rd and Lewis of the 14th:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide for an exemption for all tangible personal property consisting of inventory of a business taxpayer; and for other purposes.
Referred to the Committee on Ways & Means.

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187

HB 215. By Representatives Lewis of the 14th, Cash of the 108th, Burkhalter of the 41st, Ehrhart of the 36th, Hammontree of the 4th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2013; and for other purposes.

Referred to the Committee on Ways & Means.

HB 216. By Representatives Smith of the 12th, Royal of the 164th, Buck of the 135th, Sims of the 167th, 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 sales of eligible food and beverages dispensed by or through vending machines; and for other purposes.

1/24/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 216. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 12

Referred to the Committee on Ways & Means.

HB 217. By Representatives Bannister of the 77th, Pinholster of the 15th, Davis of the 60th, Westmoreland of the 104th, Ashe of the 46th and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and

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spouses' benefits under the Teachers Retirement System of Georgia, so as to provide conditions pursuant to which a retired member of such retirement system may return to service and maintain his or her benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 218. By Representative Wiles of the 34th:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; and for other purposes.

Referred to the Committee on Judiciary.

HB 219. By Representative Wiles of the 34th:
A BILL to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide that any person who engages in certain unlawful practices under said chapter, which violation causes a loss to retirement savings of one or more other persons, shall be liable to any victim of such violation not only for the actual losses but also for an additional amount equal to three times the amount of the actual losses, plus court costs and reasonable attorney's fees; and for other purposes.

Referred to the Committee on Judiciary.

HB 220. By Representative Wiles of the 34th:
A BILL to amend Code Section 7-1-352 of the Official Code of Georgia Annotated, relating to bank deposits by agents, trustees, or other fiduciaries, so as to provide for certain duties of financial institutions regarding lawyers' trust accounts; and for other purposes.

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Referred to the Committee on Banks and Banking.

HB 221. By Representative Wiles of the 34th:
A BILL to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to courts, so as to provide that clerks of court shall not have the authority to provide forms listing possible defenses to claims made in civil actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 222. By Representative Wiles of the 34th:
A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of the state and political subdivisions, so as to change certain provisions relating to license plate appearance; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 223. By Representatives Childers of the 13th, Henson of the 65th, Jackson of the 148th, Parsons of the 40th, West of the 101st and others:
A BILL to amend Code Section 43-11-74 of the Official Code of Georgia Annotated, relating to direct supervision of dental hygienists, so as to authorize them to perform dental screenings without such supervision under certain conditions; and for other purposes.

Referred to the Committee on Health & Ecology.

HR 88.

By Representatives Lucas of the 124th and Jamieson of the 22nd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County; authorizing the conveyance of certain state owned property located in Colquitt County; authorizing the conveyance of certain state owned real property located in Cook County; authorizing the

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conveyance of certain state owned real property in Early County; authorizing the conveyance of certain state owned property located in Franklin County; authorizing the conveyance of certain state owned property located in Washington County; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 90.

By Representatives Walker of the 141st, Westmoreland of the 104th, Ehrhart of the 36th, Smyre of the 136th and DeLoach of the 172nd:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

1/24/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 90. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Walker District 141

Referred to the Committee on Rules.

HR 99.

By Representative Amerson of the 7th:
A RESOLUTION designating the C. Lloyd Smith Parkway; and for other purposes.

Referred to the Committee on Transportation.

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

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191

HB 190 HB 191 HB 192

HB 193 HB 194 HB 195

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 16 HR 93 HR 94

Do Pass, by Substitute Do Pass Do Pass

HR 95 Do Pass HR 96 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 bill of the Senate:
SB 27. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to abolish the office of coroner of Clayton County and establish in its place the office of medical examiner of Clayton County pursuant to Code Section 45-16-80 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 27.

By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to abolish the office of coroner of Clayton County and establish in its place the office of medical examiner of Clayton County pursuant to Code Section 45-16-80 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

The following Resolution of the House was read and adopted:

HR 100. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Stanley of the 50th and others:
A RESOLUTION recognizing and commending the National Conference of State Legislatures; and for other purposes.

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

HB 107. By Representative Martin of the 47th:
A BILL to amend the O.C.G.A., 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; and for other purposes.

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

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193

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow
Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Squires of the 78th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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HR 93.

By Representatives Wiles of the 34th, Ehrhart of the 36th, Cooper of the 31st, Hines of the 38th, Parsons of the 40th and others:
A RESOLUTION commending the Harrison High School Girls Golf Team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

HR 94.

By Representatives Wiles of the 34th, Ehrhart of the 36th, Cooper of the 31st, Hines of the 38th, Parsons of the 40th and others:
A RESOLUTION commending the Harrison High School Girls' Softball Team and inviting the team and their coach to appear before the House of Representatives; and for other purposes.

HR 95.

By Representatives Wiles of the 34th, Hines of the 38th, Ehrhart of the 36th, Franklin of the 39th and Kaye of the 37th:
A RESOLUTION commending the Harrison High School Girls Cross Country Team and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

HR 96.

By Representatives Dukes of the 161st and Roberts of the 162nd:
A RESOLUTION declaring January 24, 2001, 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; and for other purposes.

The following Resolution of the House was read:

HR 106. By Representatives Birdsong of the 123rd, Squires of the 78th, Mann of the 5th, Reese of the 85th, Callaway of the 81st and others:
A RESOLUTION commending the approximately 13,000 men and women of the Georgia Army and Air National Guard and declaring National Guard Day in Georgia; and for other purposes.

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195

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges
Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash
Channell Childers Y Coan Y Coleman, B Coleman, T Collins Y Connell Cooper

Y Cox Crawford
Y Cummings Y Davis
Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin Golick Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Henson Y Hines Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Lane Y Lanier Lewis Lord Lucas Lunsford Maddox Y Mangham Y Mann Manning Y Martin Y Massey Y McBee McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Mosley

Mueller Orrock Parham Parrish Parsons Y Pelote Y Pinholster Poag Porter Y Powell Y Purcell Y Ragas Randall Ray Reece Reed Y Reese Y Reichert Y Rice Richardson Y Roberts, D Roberts, L Rogers Y Royal Y Sailor Y Sanders Scheid Y Scott Y Seay Y Shanahan Shaw Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Squires Y Stallings Y Stancil Stanley Y Stanley-Turner Stephens Y Stokes Stuckey Y Taylor Y Teague Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Wilkinson Y Willard Williams Y Wix Y Yates Y Murphy, Speaker

On the adoption of the Resolution, the ayes were 116, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Lewis of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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The following Resolutions of the House were read and adopted:

HR 103. By Representative Campbell of the 42nd:
A RESOLUTION honoring the Reverend Dr. E. Malone Dodson on the occasion of his retirement; and for other purposes.

HR 104. By Representatives Parham of the 122nd, Wilkinson of the 43rd, Hudson of the 120th, Birdsong of the 123rd, Hudgens of the 24th and others:
A RESOLUTION in tribute to Honorable Carl Vinson; and for other purposes.

HR 105. By Representative Keen of the 174th:
A RESOLUTION recognizing and commending Denval B. Hamby for the gift to the St. Simons Land Trust; and for other purposes.

HR 107. By Representative Purcell of the 147th: A RESOLUTION commending Mr. Lamar Crosby; and for other purposes.

HR 108. By Representative Purcell of the 147th: A RESOLUTION commending Mr. Larry Weddle; and for other purposes.

HR 109. By Representative Purcell of the 147th:
A RESOLUTION recognizing Tuesday, January 30, 2001, as "Effingham County Day"; and for other purposes.

HR 110. By Representatives Pinholster of the 15th and Stancil of the 16th:
A RESOLUTION to recognize and commend Gerald Mark Mitton; and for other purposes.

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197

HR 111. By Representatives Purcell of the 147th and Barnard of the 154th: A RESOLUTION commending Mr. Jim Smith; and for other purposes.
HR 112. By Representatives Purcell of the 147th and Barnard of the 154th: A RESOLUTION commending Ms. Debbie Tillman;
HR 113. By Representative Royal of the 164th: A RESOLUTION commending James Lee Adams; and for other purposes.
HR 114. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Anderson of the 116th, Martin of the 47th and others: A RESOLUTION in memory of Sadie M. Woodruff Woods; and for other purposes.
HR 115. By Representatives Randall of the 127th, Reichert of the 126th, Birdsong of the 123rd, Graves of the 125th and Lucas of the 124th: A RESOLUTION commending Little Richard; and for other purposes.
HR 116. By Representative Royal of the 164th: A RESOLUTION commending Katie Peters; and for other purposes.
HR 117. By Representative Royal of the 164th: A RESOLUTION commending Jim Brim; and for other purposes.
HR 118. By Representatives Purcell of the 147th and Harrell of the 62nd: A RESOLUTION commending Nate Tate; and for other purposes.

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HR 119. By Representative Pelote of the 149th:
A RESOLUTION in memory of Angela Sherice Kennedy; and for other purposes.

HR 120. By Representatives Smith of the 175th and Smith of the 169th: A RESOLUTION commending Jesse Crews, Jr.; and for other purposes.

HR 121. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Mrs. Ruby Lee Wallace Griffin Corbin; and for other purposes.

HR 122. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Adele Fogaley; and for other purposes.

HR 123. By Representatives Bunn of the 74th and Mangham of the 75th:
A RESOLUTION commending the Conyers Lions Club; and for other purposes.

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

HB 16.

By Representatives Brooks of the 54th, Smyre of the 136th, Ashe of the 46th, Epps of the 131st and Taylor of the 134th:
A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to designate the "Georgia Memorial Flag"; and for other purposes.

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199

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide for the preservation and protection of certain public monuments and memorials; to provide for judicial procedures; 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 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by striking Code Section 50-3-1, relating to the description of the state flag, and inserting in lieu thereof a new Code Section 50-3-1 to read as follows:
"50-3-1. (a) The flag of the State of Georgia shall be a vertical band of blue occupying one-third of the entire flag nearest to the flagstaff. The remainder of the space shall be a square, two-thirds the length of the flag, having a red background with a broad saltire of blue bordered with white on which 13 white mullets or five-pointed stars, corresponding in number to that of the Confederate States of America as recognized by the Confederate States Congress, are emblazoned; so that such remainder shall be the same as the union of the flag of the Confederate States as approved and cited in Statutes at Large of the Confederate States Congress, 1st and 2nd Sessions, 1862-63, 1863-64, and approved May 1, 1863, such remainder being popularly known as the Battle Flag of the Confederacy. On the blue field shall be stamped, painted, or embroidered the coat of arms of the state. blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-330, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds the length of the field, bearing the words 'Georgia's History' and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the 'Stars and Stripes' or the '1777 Flag'; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the 'Pre-1879 Georgia State Flag'; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-

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third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. Every force of the organized militia shall carry this flag when on parade or review.
(b)(1) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor. (2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof shall be relocated, removed, concealed, obscured or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited. (3) Conduct prohibited by this subsection shall be enjoined by the appropriate superior court upon proper application therefor. (c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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201

The following amendment was read:

Representative Mills of the 21st moves to amend the Committee substitute to HB 16 as follows:
On page 2, line 23, after "July 4, 1960." insert the following:
And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the State Seal.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes
Bell N Birdsong Y Black Y Boggs Y Bohannon N Bordeaux
Borders Y Bridges N Brooks Y Broome Y Brown Y Buck N Buckner
Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick
Graves N Greene Y Hammontree Y Hanner Y Harbin N Harrell N Heard N Heckstall E Hembree N Henson N Hines Y Holland N Holmes N Houston N Howard

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox Y Mangham Y Mann Y Manning N Martin Y Massey Y McBee Y McCall N McClinton N McKinney Y Millar Y Mills Y Mobley

Y Mueller N Orrock N Parham Y Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell N Ragas N Randall
Ray Y Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan
Shaw N Sholar Y Sims N Sinkfield

N Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix

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Y Hudgens N Hudson, N

Y Morris Y Mosley

N Skipper Y Smith, B

Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 102, nays 67. The amendment was adopted.

Representatives Bell of the 25th, Borders of the 177th, Ray of the 128th, 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.

Representatives Barnes of the 97th, Dodson of the 94th, Floyd of the 138th, Greene of the 158th, Hines of the 38th, Houston of the 166th, Hudson of the 156th, Hudson of the 120th, Jamieson of the 22nd, Parham of the 122nd, Reed of the 52nd, Royal of the 164th, Sholar of the 179th, Smith of the 175th, and Stokes of the 92nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following amendments were read and ruled out of order:

Representative Sims of the 167th, et al. move to amend the Committee substitute to HB 16 by striking all matter on line 5 of page 1 and inserting in lieu thereof the following:
"related matters; to provide for a special election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other".
By striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the 2002 general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special 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:

WEDNESDAY, JANUARY 24, 2001

203

'( ) YES ( ) NO

Shall the Act be approved which provides for a new flag of the State of Georgia and provides for protection of public monuments and memorials?'

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, 2003. 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."

Representative Childers of the 13th, et al. move to amend the Committee substitute to HB 16 by striking all matter on line 5 of page 1 and inserting in lieu thereof the following:

"related matters; to provide for a special election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other".

By striking Section 2 and inserting in its place a new Section 2 to read as follows:

"SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the 2002 general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the Act be approved which provides for a new flag of the State of Georgia and provides for protection of public monuments and memorials?'

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, 2003. 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

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become effective and this Act shall be automatically repealed on the first day of January immediately following that election date."

The following amendment was read:

Representative Ragas of the 64th moves to amend the Committee substitute to HB 16 by striking all matter beginning with the comma on line 1 of page 2 and ending with the year "1960" on line 23 of page 2.

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

N Allen N Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon Y Bordeaux
Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Coan N Coleman, B N Coleman, T N Collins N Connell N Cooper

N Cox N Crawford N Cummings N Davis N Day Y Dean N Deloach, B N Deloach, G N Dix N Dodson N Drenner Y Dukes N Ehrhart N Epps N Everett N Floyd N Forster N Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin Y Harrell N Heard N Heckstall E Hembree N Henson N Hines N Holland Y Holmes N Houston N Howard N Hudgens N Hudson, N

N Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord N Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning N Martin N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills Y Mobley N Morris N Mosley

N Mueller Y Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal N Sailor N Sanders N Scheid N Scott N Seay N Shanahan
Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre
Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens N Stokes Y Stuckey Y Taylor Y Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

WEDNESDAY, JANUARY 24, 2001

205

On the adoption of the amendment, the ayes were 21, nays 154.
The amendment was lost.
The following amendments were read and adopted:
Representative Millar of the 59th moves to amend the Committee substitute to HB 16 as follows:
After line 12 and before line 13 on p. 2,
SECTION 2 Said chapter is further amended by striking subsection (c) of Code Section 50-3-30, relating to the description of the great seal of the state, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The device on the other side is three pillars supporting an arch, with the word `Constitution' engraved within the same, emblematic of the Constitution, supported by the three departments of government, namely the legislative, judicial, and executive. The first pillar has engraved upon it a scroll `Wisdom,' the second, `Justice,' the third, `Moderation'; on the right of the last pillar between the second and third pillars a man stands with a drawn sword, representing the aid of the military in the defense of the Constitution, and the motto is `State of Georgia, 1776.'"
Renumber sections accordingly.
Representatives Birdsong of the 123rd, Walker of the 141st, Smyre of the 136th, Brooks of the 54th, Skipper of the 137th, and Buck of the 135th move to amend the House Committee substitute to HB 16 by adding in the title on line 5 of page 1 between the first semicolon and the word "to" the following:
"to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the 'Budget Act,' so as to provide that any agency which is eligible to receive appropriated state funds shall be required to display the Georgia state flag; to define a certain term; to provide that no funds may be made available for expenditure by any agency which is not in compliance with the provisions of this Act; to provide for enforcement;".

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By renumbering Sections 2 and 3 on page 3 as Sections 3 and 4, respectively, and by adding between lines 12 and 13 on page 3 the following:
"SECTION 2. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the 'Budget Act,' is amended by adding between Code Sections 45-12-83 and 45-12-84 a new Code Section 45-12-83.1 to read as follows:
'45-12-83.1. (a) As used in this Code section, the term "agency" means:
(1) Every state department, agency, board, bureau, commission, public corporation, and authority; (2) Every county, municipal corporation, school district, or other political subdivision of this state; (3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and (4) Every city, county, regional, or other authority established pursuant to the laws of this state. (b) Notwithstanding the provisions of Code Section 50-3-4.1, any agency which is eligible to receive appropriated state funds shall be required to display the Georgia state flag provided for in Code Section 50-3-1. No funds may be made available for expenditure by any agency which is not in compliance with the provisions of this subsection. The Office of Planning and Budget shall investigate any allegations of noncompliance with the provisions of this Code section. The Office of Planning and Budget and the Office of Treasury and Fiscal Services shall enforce the provisions of this Code section.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes N Bell

Y Cox Y Crawford N Cummings N Davis Y Day Y Dean N Deloach, B N Deloach, G

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins

N Mueller Y Orrock Y Parham N Parrish Y Parsons Y Pelote N Pinholster N Poag

Y Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V Y Smyre Y Snelling

Y Birdsong N Black N Boggs Y Bohannon Y Bordeaux
Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell N Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

WEDNESDAY, JANUARY 24, 2001

N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett N Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson N Hines Y Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, N

Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Mann Y Manning Y Martin N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley N Morris N Mosley

N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar N Sims Y Sinkfield Y Skipper N Smith, B

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N Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 94, nays 82.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Walker of the 141st moved that HB 16 be immediately transmitted to the Senate.

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

Y Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs

Y Cox Y Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner

Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter N Powell Y Purcell

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

208
N Bohannon Y Bordeaux
Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell
Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

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Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning Y Martin N Massey Y McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall
Ray Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

N Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 102, nays 69. The motion was lost.

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

HR 124. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A RESOLUTION commending the Coastal Empire Council of the Boy Scouts of America and inviting them to appear before the House of Representatives; and for other purposes.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:

WEDNESDAY, JANUARY 24, 2001

209

Your Committee on Agriculture and 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 89 Do Pass HB 170 Do Pass HR 18 Do Pass
Respectfully submitted, /s/ Ray of the 128th
Chairman
Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and 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 195 Do Pass
Respectfully submitted, /s/ Byrd of the 170th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Thursday, January 25, 2001

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:

Allen Amerson Anderson Ashe Barnes Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Buck Bulloch Bunn Burmeister Byrd Callaway Campbell Cash Childers Coleman, B Collins Connell E Cox

E Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Everett Floyd Forster Franklin Golick Graves Greene Hammontree Harbin Harrell Heard Heckstall
E Hembree Henson Hines Holland Houston

Howard Hudgens Hudson, N Hudson, S Hugley Jackson, B Jackson, L James Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lunsford Mangham Mann Manning Martin McBee McCall Millar Mills

Morris Mosley Parrish Parsons Pelote Pinholster Powell Purcell Randall Reece Reese Reichert Rice Richardson Roberts, D Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Skipper

Smith, L Smith, P Smith, V Smyre E Snelling Snow Stallings Stancil Stokes Stuckey Taylor Teague Teper Tillman Turnquest Twiggs Unterman Walker, L Watson West Westmoreland Wiles Wilkinson Willard Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 77th, Barnard of the 154th, Bordeaux of the 151st, Brown of the 130th, Buckner of the 95th, Burkhalter of the 41st, Channell of the 111th, Cooper of the 31st, Day of the 153rd, Hanner of the 159th, Irvin of the 45th, Jamieson of the 22nd, Kaye of the 37th, Lucas of the 124th, Maddox of the 72nd, McClinton of the 68th, Mobley of the 69th, Mueller of the 152nd, Orrock of the 56th, Parham of the 122nd, Parsons of the 40th, Poag of the 6th, Porter of the 143rd, Powell of the 23rd, Ray of the

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211

128th, Reed of the 52nd, Roberts of the 162nd, Rogers of the 20th, Sinkfield of the 57th, Smith of the 175th, Smith of the 19th, Smith of the 169th, Snelling of the 99th, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Walker of the 87th, Williams of the 83rd and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Lewis E. Logan II, Pastor, St. Philip Monumental AME Church, Savannah, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 224. By Representatives Stuckey of the 67th, Graves of the 125th, Reichert of the 126th, Epps of the 131st, Jennings of the 63rd and others:
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; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 225. By Representatives Stuckey of the 67th, Squires of the 78th and Harrell of the 62nd:
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"; and for other purposes.

Referred to the Committee on Judiciary.

HB 226. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to provide for a homestead exemption from certain Athens-Clarke County ad valorem taxes for unified government 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 for certain residents of that city who are 65 years of age or older or disabled and whose annual household income does not exceed $30,000.00; and for other purposes.

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

HB 227. By Representatives Purcell of the 147th, Birdsong of the 123rd, Walker of the 141st, Shanahan of the 10th, Cummings of the 27th and others:

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213

A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund; and for other purposes.

Referred to the Committee on Retirement.

HB 228. By Representatives Millar of the 59th, West of the 101st, Ashe of the 46th, Porter of the 143rd and Snelling of the 99th:
A BILL to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to require publishers of textbooks which are purchased by the State Board of Education to make such textbooks available in an electronic format for the use of student with visual disabilities; and for other purposes.

Referred to the Committee on Education.

HB 229. By Representatives Reichert of the 126th, Walker of the 141st, Hanner of the 159th, Campbell of the 42nd, Shanahan of the 10th 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 income tax credits with respect to qualified donations of real property for greenspace purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 230. 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; and for other purposes.

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

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HB 231. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; and for other purposes.

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

HB 232. By Representatives Everett of the 163rd and Dean of the 48th:
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; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 233. By Representatives Heard of the 89th, Harbin of the 113th and Hugley of the 133rd:
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; and for other purposes.

Referred to the Committee on Insurance.

HB 234. By Representatives Everett of the 163rd and Bridges of the 9th:
A BILL to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require school closings on the day of a primary or election in which school buildings are used as polling places; and for other purposes.

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215

Referred to the Committee on Education.
HB 235. By Representatives Hanner of the 159th, Hudson of the 156th and Ray of the 128th:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, and Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to transfer the Georgia Agrirama Development Authority from assignment to the Department of Agriculture to assignment to the Department of Natural Resources for administrative purposes and support services; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 236. By Representatives Heard of the 89th, Buck of the 135th, Cummings of the 27th and McBee of the 88th:
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 and been allowed pursuant to Section 32 of the Internal Revenue Code of 1986, as amended; and for other purposes.
1/24/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 236. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Heard District 89

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Referred to the Committee on Ways & Means.

HB 237. By Representative Burkhalter of the 41st:
A BILL to amend Code Section 16-7-42 of the Official Code of Georgia Annotated, relating to definitions regarding littering, so as to include cigarette butts as litter; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 238. By Representatives Jennings of the 63rd, Rogers of the 20th and Snelling of the 99th:
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; and for other purposes.

1/25/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 238. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

Referred to the Committee on Ways & Means.

HB 239. By Representative Everett of the 163rd:
A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of the state and

THURSDAY, JANUARY 25, 2001

217

political subdivisions, so as to change certain provisions relating to license plate appearance; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 240. By Representatives Collins of the 29th, Johnson of the 35th, Golick of the 30th, Manning of the 32nd, Wix of the 33rd and others:
A BILL to provide for a homestead exemption from certain City of Smyrna 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; and for other purposes.

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

HB 241. By Representatives Jackson of the 148th, Childers of the 13th, Henson of the 65th, Randall of the 127th and McKinney of the 51st:
A BILL to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to provide for special licensing of certain retired and other dentists; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 242. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Squires of the 78th, Bunn of the 74th and Heckstall of the 55th:
A BILL to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change certain provisions relating to the office of adjutant general; to provide for the rank of the adjutant general and for the pay and allowances for such officer; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

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HB 243. By Representatives Day of the 153rd, Burmeister of the 114th, Stephens of the 150th, Lanier of the 145th and Mueller of the 152nd:
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; and for other purposes.
Referred to the Committee on Ways & Means.
HB 244. By Representatives Mueller of the 152nd, Bunn of the 74th, Smith of the 19th, Franklin of the 39th, Hammontree of the 4th and others:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; and for other purposes.
Referred to the Committee on Judiciary.
HB 245. By Representatives Buckner of the 95th, Barnes of the 97th, Jordan of the 96th, Seay of the 93rd, Coleman of the 80th and others:
A BILL to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment, so as to provide for an exemption from the requirement to pay the state supplement for local school principals in one separate payment each school year in certain circumstances; and for other purposes.
Referred to the Committee on Education.

THURSDAY, JANUARY 25, 2001

219

HB 246. By Representatives Henson of the 65th and Hudson of the 120th:
A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a professional counselor or a marriage and family therapist to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 247. By Representatives Jennings of the 63rd, Campbell of the 42nd and Wiles of the 34th:
A BILL to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to prohibit certain outdoor advertising which contains depictions of nudity or sexual conduct and is discernible by motor vehicle drivers traveling on public roads; to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic generally, so as to repeal certain provisions of law; and for other purposes.

Referred to the Committee on Transportation.

HR 101. By Representatives Mosley of the 171st, Channell of the 111th, Byrd of the 170th, Hudson of the 120th, Powell of the 23rd and others:
A RESOLUTION urging the Congress of the United States to amend Title XXI of the federal Social Security Act to remove exclusions which prohibit expansion of the PeachCare for Kids Program under Code Section 49-5-273 to cover children of public school employees; and for other purposes.

Referred to the Committee on Insurance.

220

JOURNAL OF THE HOUSE

HR 102. By Representative Harrell of the 62nd:
A RESOLUTION compensating Ms. Valerie Louise Hamby; and for other purposes.

Referred to the Committee on Appropriations.

HR 125. By Representatives Burkhalter of the 41st and Campbell of the 42nd:
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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HR 126. By Representative Everett of the 163rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

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

HB 21 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202

HB 212 HB 213 HB 214 HB 215 HB 216 HB 217 HB 218 HB 219

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221

HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210 HB 211

HB 220 HB 221 HB 222 HB 223 HR 88 HR 90 HR 99 SB 27

Pursuant to Rule 52, Representative Smith of the 12th moved that the following Bill of the House be engrossed:

HB 216. By Representatives Smith of the 12th, Royal of the 164th, Buck of the 135th, Sims of the 167th, 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 sales of eligible food and beverages dispensed by or through vending machines; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Walker of the 141st moved that the following Resolution of the House be engrossed:

HR 90.

By Representatives Walker of the 141st, Westmoreland of the 104th, Ehrhart of the 36th, Smyre of the 136th and DeLoach of the 172nd:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

The motion prevailed.

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

222

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 97 Do Pass HR 98 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 97.

By Representatives Jennings of the 63rd, Stuckey of the 67th, Harrell of the 62nd, Smith of the 103rd, Ashe of the 46th and others:
A RESOLUTION recognizing February 8, 2001, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives; and for other purposes.

HR 98.

By Representatives Beasley-Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Epps of the 131st, Seay of the 93rd and others:
A RESOLUTION proclaiming the first 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; and for other purposes.

The Speaker Pro Tem assumed the Chair.

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

THURSDAY, JANUARY 25, 2001

223

HB 23.

By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A BILL to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth; and for other purposes.

The following amendment was read and adopted:

Representative DeLoach of the 172nd moves to amend HB 23 as follows:
By striking lines 2 and 3 of page 1 and inserting in their place the following: "conduct of voters, campaigners, and others at polling places, so as to permit certain children and grandchildren to accompany their parents and grandparents into the enclosed space for voting and into the".
By adding "or grandchildren" immediately following "children" on line 11 of page 1 and immediately following "Children" on line 19 of page 1.
By adding "or grandchild or grandchildren" immediately following "children" on lines 17 and 18 of 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:

Y Allen Amerson
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon

E Cox E Crawford Y Cummings Y Davis N Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes

Y Hudson, S Y Hugley
Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce

Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas

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

224
Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

JOURNAL OF THE HOUSE

Y Ehrhart Y Epps Y Everett
Floyd N Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Mann Manning Y Martin N Massey Y McBee Y McCall McClinton McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Wilkinson Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 141, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Heard of the 89th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Day of the 153rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

THURSDAY, JANUARY 25, 2001

225

HB 110. By Representatives Holmes of the 53rd, Watson of the 70th, Borders of the 177th, 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; and for other purposes.

The following amendment was read:

Representative Franklin of the 39th moves to amend HB 110 as follows: Delete Section 3 Renumber accordingly.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck
Buckner Y Bulloch Y Bunn

E Cox E Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett
Floyd Y Forster Y Franklin N Golick Y Graves N Greene
Hammontree

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce Y Kaye Y Keen N Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster
Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest

226
Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T
Collins N Connell N Cooper

JOURNAL OF THE HOUSE

Hanner N Harbin N Harrell N Heard N Heckstall E Hembree N Henson N Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Mangham N Mann N Manning N Martin Y Massey N McBee
McCall N McClinton
McKinney N Millar Y Mills N Mobley N Morris N Mosley

N Rogers N Royal N Sailor Y Sanders
Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 45, nays 119. The amendment was lost.

The following amendment was read:

Representative Wiles of the 34th moves to amend HB 110 as follows:
By inserting on page 5, line 8 after the word shall "not vote in the precinct of such elector's former address but shall be allowed to vote in precinct of the electors current residence" and by deleting the language remaining on lines 8, 9 and 10 up to the word therefrom on line 10.

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

N Allen Y Amerson N Anderson Y Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong
Black Y Boggs Y Bohannon N Bordeaux N Borders

E Cox E Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter Y Powell N Purcell N Ragas N Randall Y Ray

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner

Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, JANUARY 25, 2001

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

Y Knox N Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford N Maddox N Mangham Y Mann Y Manning N Martin Y Massey Y McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris
Mosley

N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

227
Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 81, nays 87. The amendment was lost.

The following amendment was read:

Representatives Ehrhart of the 36th and Stancil of the 16th move to amend HB 110 as follows:
On page 10 strike lines:
2, 3, 4, 6, 7, 8, and 9.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes

E Cox E Crawford N Cummings Y Davis Y Day N Dean N Deloach, B

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre

228
N Bell N Birdsong
Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster Y Franklin N Golick Y Graves N Greene
Hammontree Hanner Y Harbin N Harrell N Heard N Heckstall E Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 75, nays 94. The amendment was lost.

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 110 as follows: Page 3 strike line 2 and replace with "extension shall not exceed 30 days".

The following amendment was read and adopted:

Representative Bordeaux of the 151st moves to amend the Joyce amendment to HB 110 as follows:

THURSDAY, JANUARY 25, 2001

229

By replacing "30 days" with "45 days".

The Joyce amendment, as amended, was adopted.

The following amendment was read:

Representatives Massey of the 86th and Mills of the 21st move to amend HB 110 as follows: Change Section 20 as follows: It shall be unlawful to conduct exit polling during a general or primary election Violation of this code section shall be punishable as a misdemeanor. Renumber accordingly.

The following amendment was read:

Representative Massey of the 86th moves to amend the Massey amendment to HB 110 as follows:
delete "conduct" and replace with
"disseminate over the public media".

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong

E Cox E Crawford N Cummings Y Davis N Day N Dean N Deloach, B Y Deloach, G Y Dix

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L Y James N Jamieson N Jenkins Y Jennings

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter

Y Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow

230
N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree
Hanner Y Harbin N Harrell N Heard N Heckstall E Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Johnson N Jordan N Joyce Y Kaye Y Keen N Knox N Lane Y Lanier N Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham N Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, as amended, the ayes were 70, nays 104. The amendment was lost.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks

E Cox E Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce Y Kaye Y Keen N Knox Y Lane

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed

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

N Broome Y Brown N Buck N Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

THURSDAY, JANUARY 25, 2001

Forster Y Franklin N Golick Y Graves N Greene N Hammontree
Hanner N Harbin N Harrell N Heard N Heckstall E Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens
Hudson, N

Y Lanier N Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham N Mann N Manning N Martin Y Massey N McBee
McCall N McClinton
McKinney N Millar Y Mills N Mobley N Morris N Mosley

N Reese N Reichert Y Rice Y Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

231
N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 56, nays 115. The amendment was lost.

Representative Millar of the 59th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

Y Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong N Black Y Boggs Y Bohannon Y Bordeaux Y Borders

E Cox E Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps

Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce N Kaye N Keen

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner

232
N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter Y Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

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

N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 131, nays 43.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HR 127. By Representatives Lane of the 146th, Lanier of the 145th, Purcell of the 147th, Coleman of the 142nd, Parrish of the 144th and others:
A RESOLUTION recognizing and commending the Georgia Southern University Football Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

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

HB 195. By Representatives Smith of the 169th, Hudson of the 156th, Epps of the 131st, Ehrhart of the 36th, Orrock of the 56th and others:

THURSDAY, JANUARY 25, 2001

233

A BILL to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to scope of practice; and for other purposes.

The following amendment was read and lost:

Representative Lunsford of the 109th moves to amend HB 195 as follows: On line 12 following the word only - strike the period and add
"for no more than a 10 day supply."

The following amendment was read and adopted:

Representatives Reichert of the 126th, Porter of the 143rd, and Ragas of the 64th move to amend HB 195 as follows:
p 1; line 15 add a new sentence to read:
"A doctor of optometry shall not prescribe or administer oral cortical-steroids for more than seven (7) days without consultation with the patient's physician."

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 Allen N Amerson Y Anderson N Ashe N Bannister Y Barnard Y Barnes Y Bell N Birdsong Y Black N Boggs Y Bohannon

E Cox E Crawford Y Cummings N Davis N Day
Dean Y Deloach, B
Deloach, G Dix N Dodson Y Drenner Y Dukes

Y Hudson, S Y Hugley N Irvin N Jackson, B N Jackson, L Y James Y Jamieson Y Jenkins N Jennings N Johnson Y Jordan N Joyce

Y Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell N Purcell Y Ragas

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

234
N Bordeaux Y Borders Y Bridges N Brooks Y Broome N Brown N Buck Y Buckner Y Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash N Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins N Connell N Cooper

JOURNAL OF THE HOUSE

Y Ehrhart Y Epps Y Everett Y Floyd N Forster Y Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell N Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes N Houston Y Howard Y Hudgens
Hudson, N

Y Kaye Y Keen N Knox Y Lane N Lanier Y Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning Y Martin Y Massey N McBee Y McCall N McClinton
McKinney N Millar N Mills Y Mobley Y Morris N Mosley

N Randall Y Ray Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor Y Sanders N Scheid N Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims N Sinkfield Y Skipper N Smith, B

Y Stanley Y Stanley-Turner
Stephens Y Stokes N Stuckey N Taylor Y Teague Y Teper Y Tillman N Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 97, nays 73.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Hudson of the 156th 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 195 was ordered immediately transmitted to the Senate.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Banks and Banking and referred to the Committee on Judiciary:

HB 84. By Representatives Martin of the 47th, Allen of the 117th, Reichert of the 126th and Campbell of the 42nd:

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235

A BILL to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; and for other purposes.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 172 Do Pass HB 173 Do Pass

Respectfully submitted, /s/ Lane of the 146th
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 24 Do Pass, by Substitute HB 40 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

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Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 37 Do Pass HB 61 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.

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237

Representative Hall, Atlanta, Georgia Friday, January 26, 2001

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:

Allen Amerson Anderson Ashe Barnard Barnes Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway E Campbell Channell Childers Coan Coleman, B

Collins Connell Cox E Crawford Cummings Davis Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin E Golick Graves Greene Hammontree Hanner Harrell Heard Heckstall E Hembree Henson Hines Holland

Houston Howard Hudgens Hudson, N Hugley Irvin Jackson, B James Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lunsford Maddox Mangham Mann Manning Martin Massey McBee Millar E Mills Morris

Mosley Mueller Parsons Pelote Pinholster Poag Purcell Ray Reece Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Skipper Smith, B Smith, C Smith, C.W

Smith, L Smith, P Smith, T Smith, V Smyre Snelling E Squires Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Turnquest Twiggs Unterman Walker, L Watson West Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 77th, Teague of the 58th, Bordeaux of the 151st, Cash of the 108th, Dix of the 76th, Harbin of the 113th, Holmes of the 53rd, Hudson of the 120th, Jamieson of the 22nd, Jenkins of the 110th, Kaye of the 37th, Lucas of the 124th, McCall of the 90th, McClinton of the 68th, Orrock of the 56th, Parham of the 122nd, Parrish of the 144th, Porter of the 143rd, Powell of the 23rd, Randall of the 127th,

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Reed of the 52nd, Sailor of the 71st, Sims of the 167th, Sinkfield of the 57th, Stanley of the 49th, Walker of the 87th, West of the 101st, and Westmoreland of the 104th.
They wish to be recorded as present.

Prayer was offered by Dr. Michael Warren, Pastor, First Baptist Church, Doerun, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 248. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as equipment and safety restraints for children under four years of age in certain vehicles, so as to change certain provisions relating to seat belt or safety restraint use for children; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 249. By Representatives Lewis of the 14th, Shanahan of the 10th, Smith of the 12th, Hudgens of the 24th, Walker of the 87th and others:
A BILL to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexamination requirements, so as to change certain provisions relating to the year in which licenses shall expire; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 250. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, so as to redesignate certain provisions relating to motor vehicle license fees and plates; to correct certain cross-references and conform to such redesignation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to correct certain cross-references and conform to such redesignation; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 251. By Representatives Dodson of the 94th, Heckstall of the 55th, Buckner of the 95th, Barnes of the 97th, Stephens of the 150th and others:

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A BILL to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of certain excise taxes upon certain airport parking facilities; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; and for other purposes.

Referred to the Committee on Ways & Means.

HB 252. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7A-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Class Nine Fire Department Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.

Referred to the Committee on Retirement.

HB 253. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for noneligibility for registration of certain vehicles which have been prohibited from operating in interstate commerce; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 254. By Representatives Stuckey of the 67th and Davis of the 60th:
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

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System of Georgia to the Georgia Judicial Retirement System on behalf of state court judges; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; and for other purposes.

Referred to the Committee on Retirement.

HB 255. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Firefighters' Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.

Referred to the Committee on Retirement.

HB 256. By Representative Parham of the 122nd:
A BILL to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and sale of malt beverages, so as to change certain provisions relating to delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers; to change certain provisions relating to brewer-wholesaler relations and license requirements for shippers of beer; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 257. By Representatives Lewis of the 14th, Smith of the 12th, Hudgens of the 24th, Walker of the 87th, Dix of the 76th 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

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that retirement income of taxpayers who are 60 years of age or older shall not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 258. By Representatives Stallings of the 100th, West of the 101st, Greene of the 158th and Houston of the 166th:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that in any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to meet with the retail customer to attempt to resolve such dispute; to provide that the marketer shall be prohibited from reporting the name of a retail customer to any consumer reporting agency until the marketer has made a good faith effort to meet with the retail customer and has obtained a judgment against the retail customer; and for other purposes.

Referred to the Committee on Industry.

HB 259. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for a special license plate promoting waterfowl conservation and recognizing Ducks Unlimited; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 260. By Representatives Smith of the 103rd and Hanner of the 159th:
A BILL to amend Code Section 12-9-9 of the Official Code of Georgia Annotated, relating to notification requirements for air quality permit applications and actions regarding permits, so as to require the publication of notification of a permit application or permit action by certain electrical generating facilities; and for other purposes.

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Referred to the Committee on Natural Resources & Environment.
HB 261. By Representatives Royal of the 164th, Buck of the 135th, Hanner of the 159th, Jamieson of the 22nd, Bell of the 25th 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 change certain provisions regarding income tax credits for low-emission vehicles; to provide for definitions; to provide for income tax credits for the purchase or lease of zero emission vehicles; and for other purposes.
Referred to the Committee on Ways & Means.
HB 262. By Representatives Barnard of the 154th, Channell of the 111th and Sims of the 167th:
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 eliminate the mobile home decal issuance and display requirements; to change certain provisions regarding duties of appraisers; to change certain provisions regarding contested assessments; and for other purposes.
Referred to the Committee on Ways & Means.
HB 263. By Representatives Randall of the 127th, McClinton of the 68th, Jenkins of the 110th and Childers of the 13th:
A BILL to amend Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, so as to change certain definitions; to define additional terms; to change the provisions relating to request for a criminal record check with respect to an applicant for employment in a nursing home; to provide that a nursing home shall make a written determination for each applicant for whom a criminal record check is performed; and for other purposes.

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Referred to the Committee on Human Relations & Aging.
HB 264. By Representatives Randall of the 127th, McClinton of the 68th, Jenkins of the 110th and Childers of the 13th:
A BILL to amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49, so as to provide conditions under which certain monetary penalties may be imposed against nursing facilities, nursing homes, or immediate care homes; to provide for the suspension of civil monetary penalties against such facilities under certain conditions; to provide for additional sanctions against such facilities which remain in noncompliance under certain circumstances; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 265. By Representative Mobley of the 69th:
A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for a right of action for sexual harassment; and for other purposes.
Referred to the Committee on Judiciary.
HB 266. By Representatives Barnard of the 154th and Mosley of the 171st:
A BILL to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that, during primitive weapons hunts or primitive weapons seasons, persons age 70 or older may hunt deer using firearms otherwise authorized for hunting deer; and for other purposes.
Referred to the Committee on Game, Fish & Parks.

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HB 267. By Representatives Wilkinson of the 43rd, Willard of the 44th, Burkhalter of the 41st, Campbell of the 42nd and Irvin of the 45th:
A BILL to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 268. By Representatives Hudson of the 120th, Parham of the 122nd, Henson of the 65th and Jackson of the 148th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to repeal Code Section 31-7-7.1, relating to denial of hospital staff privileges; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 269. By Representatives Ragas of the 64th and Martin of the 47th:
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 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles; and for other purposes.

Referred to the Committee on Judiciary.

HB 270. By Representatives Snow of the 2nd, Day of the 153rd, Barnard of the 154th, Stuckey of the 67th, Smith of the 103rd and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and

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Deregulation Act," so as to change certain provisions relating to universal service funds of electing distribution companies; to change the provisions relating to the purpose of such funds; to repeal provisions relating to payments from any fund to marketers; and for other purposes.

Referred to the Committee on Industry.

HB 271. By Representatives Snow of the 2nd, Burkhalter of the 41st, Day of the 153rd, Lane of the 146th, Barnard of the 154th 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 the definition of the term "customer service"; to provide that commission shall require marketers to maintain sufficient offices and personnel in this state to address the customer and service needs of residential and small business customers; and for other purposes.

Referred to the Committee on Industry.

HB 272. By Representatives Snow of the 2nd, Burkhalter of the 41st, Day of the 153rd, Barnard of the 154th, Hudson of the 120th and others:
A BILL to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission with respect to marketers of natural gas, so as to provide that the commission shall not allow the price at which the marketer sells gas to a retail customer to include any pipeline fees or charges during any months in which the retail customer is not purchasing or receiving gas or in which the costs of the gas consumed by the customer without any pipeline fees or charges is less than the amount of the pipeline fees or charges; and for other purposes.

Referred to the Committee on Industry.

HB 273. By Representatives Snow of the 2nd, Lane of the 146th, Barnard of the 154th, Stuckey of the 67th, Hudson of the 120th and others:

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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; and for other purposes.

Referred to the Committee on Industry.

HB 274. By Representatives Snow of the 2nd, Burkhalter of the 41st, Day of the 153rd, Barnard of the 154th, Johnson of the 35th 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 repeal the requirement that rates for distribution service be established based upon a particular method of rate design; and for other purposes.

Referred to the Committee on Industry.

HB 275. By Representatives Snow of the 2nd, Burkhalter of the 41st, Day of the 153rd, Barnard of the 154th, Johnson of the 35th 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; and for other purposes.

Referred to the Committee on Industry.

HB 276. By Representative Snow of the 2nd:
A BILL to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.

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Referred to the Committee on Public Safety.
HB 277. By Representative Campbell of the 42nd:
A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to the definitions relative to the licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "plumbing"; and for other purposes.
Referred to the Committee on Industry.
HB 278. By Representatives McCall of the 90th, Channell of the 111th, Royal of the 164th, Scheid of the 17th, Jenkins of the 110th 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 electricity used in dairy production by family owned qualified farm products producers; and for other purposes.
Referred to the Committee on Ways & Means.
HB 279. By Representative Burkhalter of the 41st:
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 require the state and authorities and instrumentalities of the state which engage in certain development activities to make reasonable efforts to save specimen trees threatened by such activities or to replace such trees with other hardwood trees; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 281. By Representatives Epps of the 131st, Heard of the 89th, Skipper of the 137th, Sinkfield of the 57th, Holland of the 157th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified child care expenses in conformity with federal tax law; and for other purposes.

Referred to the Committee on Ways & Means.

HB 282. By Representatives Sims of the 167th, Byrd of the 170th, Twiggs of the 8th, West of the 101st, Roberts of the 162nd and others:
A BILL to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits for certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to increase the retirement benefit for certain law enforcement officers; to reduce the retirement age for such members; to provide for creditable service for certain prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 283. By Representatives Cummings of the 27th, Buck of the 135th and Shanahan of the 10th:
A BILL to amend Code Section 47-23-61 of the Official Code of Georgia Annotated, relating to establishing creditable service in the Georgia Judicial Retirement System, so as to provide that such creditable service may be purchased in whole or in part; to provide for the pro rata payment of required contributions; and for other purposes.

Referred to the Committee on Retirement.

HB 284. By Representative Mann of the 5th: A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia

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Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any easement, right of way, or property for the construction of an electric power line without the prior consent of the governing authority of the county, municipality, or consolidated government in which the property is located; and for other purposes.

Referred to the Committee on Judiciary.

HB 285. By Representative Childers of the 13th:
A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 286. By Representatives Powell of the 23rd, Jamieson of the 22nd, Cash of the 108th and McCall of the 90th:
A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable under Chapter 14 of Title 43 with respect to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "conditioned air equipment"; to change the definition of the term "plumbing"; and for other purposes.

Referred to the Committee on Industry.

HB 287. By Representatives Pinholster of the 15th, Stancil of the 16th, Cummings of the 27th, McBee of the 88th and Porter of the 143rd:
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 Funk Heritage Center at Reinhardt College as the official state museum of southeastern Indian art and history; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs.
HB 288. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments in which public retirement systems are authorized to invest, so as to provide that such retirement systems may invest in certain open-end management type investment companies and investment trusts; and for other purposes.
Referred to the Committee on Retirement.
HB 289. By Representatives Unterman of the 84th, Campbell of the 42nd and McBee of the 88th:
A BILL to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons from a misdemeanor to a misdemeanor of high and aggravated nature; and for other purposes.
Referred to the Committee on Judiciary.
HB 290. By Representative Connell of the 115th:
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 pipe organs or steeple bells to churches; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 291. By Representatives Smith of the 19th and Rice of the 79th:
A BILL to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to safety belts in vehicles, so as to change a definition; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 292. By Representatives Teper of the 61st, Smith of the 12th, Jenkins of the 110th and Snow of the 2nd:
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; and for other purposes.

Referred to the Committee on Judiciary.

HB 293. By Representatives Ray of the 128th, Floyd of the 138th and Purcell of the 147th:
A BILL to amend Code Section 2-7-55 of the Official Code of Georgia Annotated, relating to registration of pesticides, and Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related thereto, so as to change the provisions relating to registration with the Commissioner of Agriculture and the provision of certain services and the performance of certain duties by the Commissioner of Agriculture and the Department of Agriculture; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 294. By Representatives Birdsong of the 123rd, Walker of the 141st, Sims of the 167th, Connell of the 115th, Skipper of the 137th and others:

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A BILL to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Transportation, so as to provide that the Department of Transportation shall fly the POW-MIA flag year round at each of the rest areas along interstate highways in this state; to authorize the Department of Transportation to place a plaque at each rest area to indicate Georgia's appreciation of the sacrifices of prisoners of war and those missing in action and their families; and for other purposes.

Referred to the Committee on Transportation.

HB 295. By Representatives Stuckey of the 67th and Jenkins of the 110th:
A BILL to amend Artricle 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 change provisions for filling a vacancy in the office of probate judge; to provide that the chief clerk of the probate judge shall succeed to the office of probate judge in certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HB 296. By Representatives Buckner of the 95th, Cash of the 108th, Sims of the 167th, Barnes of the 97th, Dodson of the 94th and others:
A BILL to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to accountability assessment, so as to provide that certain schools which have complied with maximum class size requirements shall not be subject to on-site audits for certain purposes; to provide for alternate reporting regarding expenditures; and for other purposes.

Referred to the Committee on Education.

HR 128. By Representatives Mobley of the 69th and Turnquest of the 73rd:
A RESOLUTION creating the House Study Committee on Certified Professional Midwifery; and for other purposes.

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Referred to the Committee on Rules.
HR 129. By Representative Mobley of the 69th: A RESOLUTION creating the House Emergency Motorist Aid Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 130. By Representatives Mobley of the 69th, Reed of the 52nd, McClinton of the 68th, Martin of the 47th and Holmes of the 53rd: A RESOLUTION creating the Joint Study Committee on Urban Road Building Guidelines; and for other purposes.
Referred to the Committee on Rules.
HR 131. By Representatives Smith of the 19th, Byrd of the 170th, Irvin of the 45th, Smith of the 169th, Cash of the 108th and others: A RESOLUTION proposing an amendment to the Constitution so as to allow public money to be used by religious organizations and denominations and houses of worship for the purpose of providing nonsectarian social services to poor and needy people; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 139. By Representatives Walker of the 141st, Channell of the 111th and James of the 140th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Houston County; authorizing the conveyance of certain state owned real property located in Putnam County; and for other purposes.

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Referred to the Committee on State Institutions & Property.
HR 140. By Representatives Buck of the 135th, Royal of the 164th, Channell of the 111th, Sims of the 167th, Stanley of the 50th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for additional types of family owned farm entities which can qualify to receive the preferential assessment for property which is devoted to bona fide agricultural purposes; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HR 141. By Representative Smith of the 169th:
A RESOLUTION compensating Bobby W. Kirkland and Carolyn Kirkland; and for other purposes.
Referred to the Committee on Appropriations.
HR 142. By Representatives Birdsong of the 123rd, Murphy of the 18th, Tillman of the 173rd, Hudson of the 156th, Bunn of the 74th and others:
A RESOLUTION urging the Government of Japan to formally acknowledge and issue an apology for the war crimes committed by the Imperial Japanese military during World War II and to pay reparations to the victims of those crimes; requesting that the President of the United States and the United States Congress take all appropriate action to further bring about a formal apology and reparations by the Japanese Government; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 143. By Representatives Pelote of the 149th, Hugley of the 133rd, Unterman of the 84th, Manning of the 32nd, McClinton of the 68th and others:

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A RESOLUTION designating April as "Ovarian Cancer Awareness Month"; and for other purposes.

Referred to the Committee on Rules.

HR 144. By Representatives Lanier of the 145th, Broome of the 160th, Graves of the 125th, Lane of the 146th, Purcell of the 147th and others:
A RESOLUTION designating the M. Merrill Johnson, Sr., Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 145. By Representatives Lanier of the 145th, Graves of the 125th, Stephens of the 150th, Lane of the 146th, Purcell of the 147th and others:
A RESOLUTION designating the Walter W. Harrison Highway; and for other purposes.

Referred to the Committee on Transportation.

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

HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HB 234 HB 235

HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246 HB 247 HR 101 HR 102

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257

HB 236 HB 237

HR 125 HR 126

Pursuant to Rule 52, Representative Heard of the 89th moved that the following Bill of the House be engrossed:

HB 236. By Representatives Heard of the 89th, Buck of the 135th, Cummings of the 27th and McBee of the 88th:
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 and been allowed pursuant to Section 32 of the Internal Revenue Code of 1986, as amended; and for other purposes.

The motion prevailed.

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

HB 238. By Representatives Jennings of the 63rd, Rogers of the 20th and Snelling of the 99th:
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; and for other purposes.

The motion prevailed.

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

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Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 90 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 197 Do Pass HB 198 Do Pass HB 205 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 197. By Representative Sims of the 167th:
A BILL to provide for the nonpartisan nomination and election of the chief magistrate of Coffee County; and for other purposes.

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259

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 198. By Representative Sims of the 167th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coffee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 205. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd and Roberts of the 132nd:
A BILL to repeal the charter of the Town of Bibb City, which was incorporated by an order of the Superior Court of Muscogee County at the August, 1909, term of court and recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, 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:

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Mr. Speaker:

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

HR 91. By Representatives Walker of the 141st, Westmoreland of the 104th, Ehrhart of the 36th and DeLoach of the 172nd:

A RESOLUTION relative to adjournment; and for other purposes.

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

SB 1.

By Senators Hill of the 4th, Gingrey of the 37th, Starr of the 44th, Walker of the 22nd and Hecht of the 34th:

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, minimum ages for licensees, and school attendance requirements; to provide a supervised driving experience requirement for certain license applicants; to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to examination of applicants.

SB 16. By Senators Cheeks of the 23rd, Harbison of the 15th, Stokes of the 43rd, Gingrey of the 37th and Stephens of the 51st:

A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to change the provisions relating to definitions; to change the provisions relating to real estate loans; to change the provisions relating to corporate stock and securities; to change the provisions relating to boards of directors; to change the provisions relating to merger plans; to provide for department review of certain mergers; to change the provisions relating to the effect of issuance of a certificate of merger or consolidation; to provide for department review of a plan of conversion; to change the provisions relating to the powers of Georgia state banks; to change the provisions relating to third-party payment services.

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

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261

SB 1.

By Senators Hill of the 4th, Gingrey of the 37th, Starr of the 44th, Walker of the 22nd and Hecht of the 34th:
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, minimum ages for licensees, and school attendance requirements; to provide a supervised driving experience requirement for certain license applicants; to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to examination of applicants.

Referred to the Committee on Motor Vehicles.

SB 16.

By Senators Cheeks of the 23rd, Harbison of the 15th, Stokes of the 43rd, Gingrey of the 37th and Stephens of the 51st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to change the provisions relating to definitions; to change the provisions relating to real estate loans; to change the provisions relating to corporate stock and securities; to change the provisions relating to boards of directors; to change the provisions relating to merger plans; to provide for department review of certain mergers; to change the provisions relating to the effect of issuance of a certificate of merger or consolidation; to provide for department review of a plan of conversion; to change the provisions relating to the powers of Georgia state banks; to change the provisions relating to thirdparty payment services.

Referred to the Committee on Banks and Banking.

Representative Scheid of the 17th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

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HR 132. By Representatives Twiggs of the 8th and Murphy of the 18th: A RESOLUTION commending Travis Green; and for other purposes.

HR 133. By Representatives Twiggs of the 8th and Murphy of the 18th: A RESOLUTION commending Andrew Wallace; and for other purposes.

HR 134. By Representatives Twiggs of the 8th and Murphy of the 18th: A RESOLUTION commending Andrew A. Smith; and for other purposes.

HR 135. By Representatives Twiggs of the 8th and Murphy of the 18th: A RESOLUTION commending Paul J. Smith; and for other purposes.

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

HR 136. By Representative Bell of the 25th:
A RESOLUTION commending the Jefferson High School Lady Dragons Softball Team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.

HR 137. By Representative Bell of the 25th:
A RESOLUTION commending the Commerce High School Football Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

HR 138. By Representatives Ray of the 128th, Purcell of the 147th, Floyd of the 138th, James of the 140th and Holland of the 157th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of

FRIDAY, JANUARY 26, 2001

263

Representatives; and for other purposes.

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 37.

By Representative Royal of the 164th:
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 for a technical correction and clarify certain provisions with respect to an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 61.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia 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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 170. By Representatives Ray of the 128th, Floyd of the 138th, Purcell of the 147th and Holland of the 157th:
A BILL to amend Article 2 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Farm Animal and Research Facilities Protection Act," so as to revise the "Georgia Farm Animal and Research Facilities Protection Act"; to enact the "Georgia Farm Animal, Crop, and Research Facilities Protection Act"; and for other purposes.

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

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan
Coleman, B Coleman, T Y Collins

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin E Harrell Y Heard Y Heckstall E Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar E Mills Y Mobley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix

Y Connell Cooper

FRIDAY, JANUARY 26, 2001

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Y Skipper Y Smith, B

265
Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 18.

By Representatives Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Ray of the 128th, Mosley of the 171st and others:
A RESOLUTION strongly urging the United States Congress and the United States International Trade Representative to recognize the economic and environmental benefits of Georgia's magnificent forest resources; strongly urging that the Congress and the United States Trade Representative not rescind the international trade agreement limiting the amount of subsidized Canadian lumber imported duty-free into the United States; and for other purposes.

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 Allen N Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes

266
Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Forster N Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall E Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham N Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

Y Reese Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 151, nays 5. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Porter of the 143rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Millar of the 59th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 111. By Representatives Holmes of the 53rd, Martin of the 47th and Bohannon of the 139th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change a provision for a later closing of the polls in certain cities; to provide that such provision shall not apply in a primary or election for county, state, or federal officers or in an election to put a question to the voters of the county or state; and for other purposes.

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

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267

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

Y Allen Amerson
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd N Callaway E Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree
Hanner N Harbin E Harrell Y Heard Y Heckstall E Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles N Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 150, nays 10. The Bill, having received the requisite constitutional majority, was passed.

HB 113. By Representatives Holmes of the 53rd, Martin of the 47th, Hudson of the 120th and DeLoach of the 172nd:
A BILL to amend Code Section 21-2-495 of the Official Code of Georgia Annotated, relating to procedure for recount or recanvass of votes, so as to

268

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provide that, whenever the difference between the number of votes received by a candidate who has been declared eligible for a run-off primary or election and the number of votes required to win the primary or election without a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, such candidate or candidates may, upon application, obtain a recount or recanvass of the votes cast in such primary or election; and for other purposes.

The following amendment was read:

Representative Everett of the 163rd moved to amend HB 113 as follows:
Add where appropriate -- All votes recounted must be recounted by the same manner in which the vote was originally counted.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell
Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway E Campbell Y Cash

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin E Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall E Hembree

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L Y James N Jamieson
Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Mann Y Manning N Martin Y Massey
McBee

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter
Powell N Purcell
Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal N Sailor N Sanders Y Scheid N Scott

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor N Teague N Teper Y Tillman
Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West

Y Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

FRIDAY, JANUARY 26, 2001

N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris
Mosley

N Seay N Shanahan N Shaw N Sholar
Sims N Sinkfield N Skipper Y Smith, B

269
Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix N Yates Y Murphy, Speaker

On the adoption of the amendment, the ayes were 69, nays 93. 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

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Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mills Y Mobley
Morris Y Mosley

Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 164, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 172. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to provide for the opening and closing of the waters of the state to the taking of horseshoe crabs for bait; to limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license; to prohibit the taking and possession of more than 25 horseshoe crabs; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin E Golick Y Graves
Greene Y Hammontree Y Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs

Y Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, JANUARY 26, 2001

Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley

Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

271
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 173. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Part 1 of Article 4 of Chapter 4 of Title 27, relating to general provisions relative to seafood, so as to change the minimum size allowable for possession of tarpon; to define a certain term; to prohibit the taking of Atlantic bill fish; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Bell Y Birdsong Y Black N Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese

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

272
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

N Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representatives Barnard of the 154th, and Boggs of the 168th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 40.

By Representatives Shaw of the 176th, Hudson of the 156th, Royal of the 164th, Hanner of the 159th and Ray of the 128th:
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; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 45-18-7.6, relating to state health insurance plan coverage of

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273

inspection service employees, so as to provide for inclusion in such plan of state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees Retirement System of Georgia; 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 45-18-7.6, relating to state health insurance plan coverage of inspection service employees, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"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 of, retiring employees of, and employees who retired under the Employees Retirement System of Georgia on or before July 1, 2000, from the GeorgiaFederal 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 boards regulations. In addition, it shall be the duty of the GeorgiaFederal State Inspection Service to make the employer contributions required for the operation of such plan or plans."
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 Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

274
Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jamieson Jenkins Jennings
Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Pinholster Poag
Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

HR 90.

By Representatives Walker of the 141st, Westmoreland of the 104th, Ehrhart of the 36th, Smyre of the 136th and DeLoach of the 172nd:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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

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275

N Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin N Massey Y McBee N McCall
McClinton 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 Porter N Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 160, nays 8. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 146. By Representatives Cox of the 105th and Westmoreland of the 104th:
A RESOLUTION recognizing and recommending Rachel Hubbard; and for other purposes.

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HR 147. By Representative Bell of the 25th: A RESOLUTION recognizing and commending Reverend Gerald Mitton; and for other purposes.
HR 148. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Jill Warren Harris; and for other purposes.
HR 149. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Carletha T. Davis; and for other purposes.
HR 150. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Vickie Long Drawdy; and for other purposes.
HR 151. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Tamiko LaShanda Stewart; and for other purposes.
HR 152. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Johnna Grantham; and for other purposes.
HR 153. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Elizabeth Moseley; and for other purposes.

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277

HR 154. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Patricia Leaphart Garbutt; and for other purposes.
HR 155. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Leslie Cleveland Horton; and for other purposes.
HR 156. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION expressing regret at the passing of Raye Jean Boyette; and for other purposes.
HR 157. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending Melissa Rene Webb; and for other purposes.
HR 158. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th: A RESOLUTION commending Mr. Vince Frank Early; and for other purposes.
HR 159. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th: A RESOLUTION recognizing and commending Shelby Sims; and for other purposes.
HR 160. By Representatives Manning of the 32nd, Smith of the 103rd, Hines of the 38th, Johnson of the 35th, Bunn of the 74th and others:

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A RESOLUTION commending Georgia Mountain Water; and for other purposes.

HR 161. By Representatives Mobley of the 69th, Turnquest of the 73rd, Reed of the 52nd, Ragas of the 64th, Taylor of the 134th and others:
A RESOLUTION expressing condolences upon the passing of Gary Che' Parker; and for other purposes.

HR 162. By Representatives Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A RESOLUTION commending Mr. James Thomas Akins; and for other purposes.

HR 163. By Representatives Jackson of the 148th, Pelote of the 149th, Bordeaux of the 151st, Day of the 153rd and Mueller of the 152nd:
A RESOLUTION honoring the life of Judge Eugene H. Gadsden and expressing regret at his passing; and for other purposes.

HR 164. By Representatives Jackson of the 148th, Pelote of the 149th, Bordeaux of the 151st, Day of the 153rd and Brooks of the 54th:
A RESOLUTION honoring the life of Bobby Lee Hill; and for other purposes.

HR 165. By Representatives Jackson of the 148th, Pelote of the 149th, Bordeaux of the 151st, Day of the 153rd and Brooks of the 54th:
A RESOLUTION honoring the life of Earl T. Shinhoster; and for other purposes.

HR 166. By Representative Smith of the 169th:
A RESOLUTION expressing regret regarding the passing of John R. Martin; and for other purposes.

FRIDAY, JANUARY 26, 2001

279

HR 167. By Representatives Birdsong of the 123rd, Skipper of the 137th, Bunn of the 74th, Heckstall of the 55th, Reese of the 85th and others:
A RESOLUTION expressing support of the men and women of the Georgia Army National Guard; and for other purposes.
Pursuant to HR 91, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 29, 2001.

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Representative Hall, Atlanta, Georgia Monday, January 29, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Burkhalter Burmeister E Byrd Campbell Channell Childers Coan Coleman, B Coleman, T

Collins Connell Cox Crawford Davis Deloach, B Dodson Drenner Ehrhart Everett Floyd Forster Franklin Golick Greene Hammontree Hanner Harbin Heard Hembree Henson Hines Holland Houston Hudgens Hudson, N Hudson, S

Hugley Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Maddox Mangham Manning Martin Massey McBee McCall Millar Mills Morris Mosley

Mueller Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter Powell Purcell Reece Reese Richardson Roberts, D Roberts, L E Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar

Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Snelling Stallings E Stephens Taylor Teper Tillman Twiggs Unterman West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Bordeaux of the 151st, Bunn of the 74th, Callaway of the 81st, Cash of the 108th, Cooper of the 31st, Day of the 153rd, DeLoach of the 119th, Dukes of the 161st, Epps of the 131st, Graves of the 125th, Harrell of the 62nd, Heckstall of the 55th, Howard of the 118th, Irvin of the 45th, Jenkins of the 110th, Joyce of the 1st, Lucas of the 124th, Mann of the 5th, McClinton of the 68th, Mobley of the 69th, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reed of the 52nd,

MONDAY, JANUARY 29, 2001

281

Reichert of the 126th, Smyre of the 136th, Squires of the 78th, Stancil of the 16th, Stanley of the 50th, Stokes of the 92nd, Stuckey of the 67th, Teague of the 58th, Turnquest of the 73rd, Walker of the 141st, Walker of the 87th, and Watson of the 70th.
They wish to be recorded as present.

Prayer was offered by the Reverend Dr. Michael L. Cash, Pastor, First United Methodist Church, Tucker, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 280. By Representatives Tillman of the 173rd and Keen of the 174th:
A BILL to amend an Act creating the State Court of Glynn County, so as to change the compensation of the solicitor and the clerk of said court; and for other purposes.

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

HB 297. By Representatives Powell of the 23rd, Westmoreland of the 104th, Byrd of the 170th and Snow of the 2nd:
A BILL to amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, so as to change certain provisions relating to which structures do not require the seal of a registered architect; and for other purposes.

Referred to the Committee on Industry.

HR 168. By Representatives Smith of the 169th, Twiggs of the 8th and Squires of the 78th:
A RESOLUTION urging congressional support for the Railroad Retirement and Survivors Improvement Act; and for other purposes.

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 248 HB 249 HB 250 HB 251 HB 252

HB 279 HB 281 HB 282 HB 283 HB 284

MONDAY, JANUARY 29, 2001

283

HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278

HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HR 128 HR 129 HR 130 HR 131 HR 139 HR 140 HR 141 HR 142 HR 143 HR 144 HR 145 SB 1 SB 16

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 35 Do Pass HR 127 Do Pass

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

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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 230 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 230. 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; and for other purposes.

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

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

Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux

Cox Y Crawford Y Cummings Y Davis Y Day E Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan
Joyce Y Kaye

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley

Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister E Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

MONDAY, JANUARY 29, 2001

Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L E Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

285
Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 103rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 24. By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th, Perdue of the 18th and Mullis of the 53rd:
A bill to be entitled an Act to amend Code Section 10-12-4 of the Official Code of Georgia Annotated, relating to legal effect of electronic signatures

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and records, contest based on fraud, authentication or identification, limitations, and notarization, so as to expressly permit use of electronic records and signatures unless the provisions of Chapter 12 of Title 10 are otherwise expressly referred to and limited; to repeal conflicting laws; and for other purposes.

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

SB 24.

By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th, Perdue of the 18th and Mullis of the 53rd:
A bill to be entitled an Act to amend Code Section 10-12-4 of the Official Code of Georgia Annotated, relating to legal effect of electronic signatures and records, contest based on fraud, authentication or identification, limitations, and notarization, so as to expressly permit use of electronic records and signatures unless the provisions of Chapter 12 of Title 10 are otherwise expressly referred to and limited; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 24.

By Representatives Golick of the 30th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Maddox of the 72nd:
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 discriminatory practices based on race, color, or national or ethnic origin; and for other purposes.

The following Committee substitute was read:

MONDAY, JANUARY 29, 2001

287

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 discriminatory practices based on race, color, or national or ethnic origin; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by inserting a new division (b)(8)(A)(iv) to read as follows:
"(iv) For an individual residing in Georgia, refusing to insure or refusing to continue to insure an individual; limiting the amount, extent, or kind of coverage available to an individual; or charging an individual a different rate for the same coverage because of the race, color, or national or ethnic origin of that individual. This division shall apply to any kind of insurance."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Franklin of the 39th moved to amend the Committee substitute to HB 24 as follows:
Page 1 Line 13 add after "color," the following:
"age, gender, religion,"

The Committee substitute was adopted.

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister E Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day E Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L E Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Greene of the 158th, and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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289

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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 169. By Representative Hudson of the 156th:
A RESOLUTION commending the Irwin County High School Girls Softball Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.
HR 170. By Representatives Walker of the 141st, Bohannon of the 139th, Ray of the 128th and Floyd of the 138th:
A RESOLUTION commending Sabrina D. Stefan, the winner of the 2000 Georgia Occupational Award of Leadership and inviting her to appear before the House of Representatives; and for other purposes.
HR 172. By Representatives Purcell of the 147th, Sims of the 167th, Snow of the 2nd and Buck of the 135th:
A RESOLUTION commending Trooper First Class Lisa A. Stocks on her selection as the Peace Officer of the Year for Valor and inviting her to appear before the House of Representatives; and for other purposes.
HR 173. By Representatives Purcell of the 147th, Snow of the 2nd, Lane of the 146th and Buck of the 135th:
A RESOLUTION commending Lt. Bill L. Mull as the Peace Officer of the Year for Meritorious Service and inviting him to appear before the House of Representatives; and for other purposes.
Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

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Mr. Speaker:
Your Committee on Agriculture and 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 293 Do Pass, by Substitute

Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans 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 138 Do Pass HB 176 Do Pass HR 142 Do Pass

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 84 Do Pass

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291

Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Snow of the 2nd 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 72 Do Pass, by Substitute HR 9 Do Pass
Respectfully submitted, /s/ Snow of the 2nd
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 30, 2001
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. Lee Mabry, Pastor, Fortified Hills Baptist Church, Smyrna, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

TUESDAY, JANUARY 30, 2001

293

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 27.

By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Wiles of the 34th, Golick of the 30th and others:
A BILL to provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; 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; and for other purposes.

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

HB 298. By Representatives Walker of the 141st, Murphy of the 18th and Coleman of the 142nd:
A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, and Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide that the compensation of the state auditor shall be fixed by the Legislative Services Committee; and for other purposes.

Referred to the Committee on Rules.

HB 299. By Representatives Royal of the 164th, Jamieson of the 22nd, Buck of the 135th and Skipper of the 137th:
A BILL to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, so as to change the income limitation provisions of such exemption; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 300. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th, Randall of the 127th and Sailor of the 71st:
A BILL to amend Code Section 12-5-288 of the Official Code of Georgia Annotated, relating to restrictions on granting of certain permits, activities and structures considered contrary to public interest, and related matters, so as to provide that no bridges shall be constructed on or over protected marshlands except for public bridges constructed by or under the auspices of the Department of Transportation; and for other purposes.
Referred to the Committee on Transportation.
HB 301. By Representatives Morris of the 155th, Lane of the 146th, Hanner of the 159th, Coleman of the 142nd, Murphy of the 18th and others:
A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to make certain legislative findings; to provide that the Department of Natural Resources has the authority and duty to encourage hunting and fishing; to provide that hunting and fishing is a right; to provide that no political subdivision of the state shall regulate hunting, trapping, or fishing by local ordinance; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 302. By Representatives Coleman of the 142nd, Royal of the 164th and Shanahan of the 10th:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend

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Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration; and for other purposes.

Referred to the Committee on Appropriations.

HB 303. By Representatives Coleman of the 142nd, Smyre of the 136th and Walker of the 141st:
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 increase the per diem expense allowance; and for other purposes.

Referred to the Committee on Appropriations.

HB 304. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th and Joyce of the 1st:
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 eliminate victim disarmament zones; to change the provisions relating to the offense of carrying a deadly weapon to or at a public gathering; and for other purposes.

Referred to the Committee on Public Safety.

HB 305. By Representative Pinholster of the 15th:
A BILL to create a board of elections and registration for Pickens County and provide for its powers and duties; and for other purposes.

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

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HB 306. By Representative Pinholster of the 15th:
A BILL to reconstitute the Pickens County Board of Education; and for other purposes.

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

HB 307. By Representatives Amerson of the 7th and Poag of the 6th:
A BILL to create and establish the Fannin County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; and for other purposes.

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

HB 308. By Representatives Sims of the 167th, McCall of the 90th, Hudson of the 156th, James of the 140th, Shaw of the 176th and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain agricultural production contracts; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 309. By Representative Morris of the 155th:
A BILL to provide a new charter for the City of Higgston; and for other purposes.

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

HB 310. By Representatives Buckner of the 95th, Barnes of the 97th and Dodson of the 94th:

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A BILL to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, so as to provide for the election of the chief magistrate in nonpartisan primaries and elections; and for other purposes.

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

HB 311. By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Wiles of the 34th, Golick of the 30th and others:
A BILL to amend an act creating the Cobb County-Marietta Water Authority, so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; and for other purposes.

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

HB 312. By Representatives Ehrhart of the 36th, Hines of the 38th, Wiles of the 34th, Golick of the 30th, Cooper of the 31st and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.

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

HB 313. By Representative Hembree of the 98th:
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 motor vehicle drivers' licenses, so as to change certain provisions relating to persons not to be licensed and minimum ages for licensees; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 314. By Representative Hembree of the 98th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to repeal and eliminate state income taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 315. By Representative Hembree of the 98th:
A BILL to provide for driver education courses and instructional requirements; to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require certain secondary schools to offer courses in driver education; to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to definitions; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 316. By Representative Amerson of the 7th:
A BILL to create the Board of Commissioners of Lumpkin County to be composed of a chairperson and four commissioners; and for other purposes.

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

HB 317. By Representatives Shanahan of the 10th and Royal of the 164th:
A BILL to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act", so as to authorize retailing and signage as authorized enterprises and projects for purposes of such Act; to change certain legislative findings; to change certain

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definitions; to provide for additional authority with respect to facilitating community development; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 174. By Representatives Shanahan of the 10th and Hanner of the 159th:
A RESOLUTION creating the Joint Hazardous Sites Response Act Reauthorization Study Committee; and for other purposes.

Referred to the Committee on Rules.

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

HB 280 HB 297

HR 168 SB 24

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 231 Do Pass SB 27 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 TUESDAY, JANUARY 30, 2001

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below:

HB 89

Agriculture; pick-your-own products; limited liability

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 231. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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301

SB 27.

By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to abolish the office of coroner of Clayton County and establish in its place the office of medical examiner of Clayton County pursuant to Code Section 45-16-80 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 13. By Senator Crotts of the 17th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, the "State-wide Probation Act," so as to provide for the inapplicability of certain provisions of that article when probation services are provided through contractual agreements; and for other purposes.
SB 58. By Senator Jackson of the 50th:
A bill to be entitled an Act to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of

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the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to repeal conflicting laws; and for other purposes.

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

SB 13.

By Senator Crotts of the 17th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, the "State-wide Probation Act," so as to provide for the inapplicability of certain provisions of that article when probation services are provided through contractual agreements.

Referred to the Committee on State Institutions & Property.

SB 58.

By Senator Jackson of the 50th:
A bill to be entitled an Act to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to repeal conflicting laws; and for other purposes.

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

The following Resolution of the House was read:

HR 176. By Representatives Murphy of the 18th, Smyre of the 136th, Skipper of the 137th 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

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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.

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin
Jackson, B Jackson, L Y James Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall McClinton 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 Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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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 175. By Representative Smith of the 102nd:
A RESOLUTION commending the Harris County High School Varsity Ladies Fast Pitch Softball Team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

HR 177. By Representative Amerson of the 7th:
A RESOLUTION commending and congratulating Mary Eager and inviting her to appear before the House of Representatives; and for other purposes.

HR 178. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A RESOLUTION commending U. S. Olympian Robin Byrd Goad and inviting her to appear before the House of Representatives; and for other purposes.

HR 179. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A RESOLUTION commending U. S. Olympian Julie Burns Black and inviting her to appear before the House of Representatives; and for other purposes.

HR 180. By Representative Coleman of the 80th:
A RESOLUTION inviting the coach and varsity runners of the Collins Hill High School Eagles cross-country team and the principal of Collins Hill High

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School to appear before the House of Representatives; and for other purposes.

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

HR 35.

By Representatives Connell of the 115th, Coleman of the 142nd, Murphy of the 18th, Howard of the 118th, DeLoach of the 119th and others:
A RESOLUTION commending Dr. Francis J. Tedesco as the distinguished President of the Medical College of Georgia and inviting him to appear before the House of Representatives; and for other purposes.

HR 127. By Representatives Lane of the 146th, Lanier of the 145th, Purcell of the 147th, Coleman of the 142nd, Parrish of the 144th and others:
A RESOLUTION recognizing and commending the Georgia Southern University Football Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary:

HB 292. By Representatives Teper of the 61st, Smith of the 12th, Jenkins of the 110th and Snow of the 2nd:
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; and for other purposes.

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:

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HB 89.

By Representatives Royal of the 164th, Ray of the 128th, Hudson of the 156th, Greene of the 158th and Houston of the 166th:
A BILL to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agriculture and forestry products, so as to provide limited liability for owners and operators of farms specializing in pick-your-own agricultural products under certain circumstances; and for other purposes.

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

A BILL
To amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural and forestry products, so as to provide limited liability for owners and operators of farms specializing in pick-your-own agricultural products under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; 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 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural and forestry products, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7 2-14-150. The General Assembly recognizes that persons who patronize farms specializing in pick-your-own agricultural products may incur injuries as a result of the risks involved in such activity. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activity. The General Assembly finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage the direct sale of agricultural products from farmers to the general public by limiting the civil liability of farmers involved in such activity.
2-14-151. As used in this article, the term:

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(1) 'Agricultural products' means Christmas trees, fruits, vegetables, pecans, nuts, horticultural products, and other such fresh farm products that are made available to the general public through pick-your-own farm operations. (2) 'Participant' means any person who enters the farm location, singly or with a group, for the purpose of harvesting fresh farm products from pick-your-own farm operations.
2-14-152. (a) Except as provided in subsection (b) of this Code section, the owner or operator of any farm specializing in pick-your-own agricultural products shall not be liable for an injury to or the death of a participant resulting from the inherent risks of harvesting agricultural products, and, except as provided in subsection (b) of this Code section, no participant or participants representative shall make any claim against, maintain an action against, or recover from an owner or operator, or any other person or entity for injury, loss, damage, or death of the participant resulting from any of the inherent risks of harvesting agricultural products. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator or any other person or entity if the owner or operator:
(1) Owns, leases, rents, or otherwise is in lawful possession and control of the land upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the owner or operator; (2) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (3) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator under liability provisions as set forth in the product liability laws.
2-14-153. (a) Every owner and operator of a pick-your-own farm operation shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
'Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.'

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(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an owner or operator from invoking the privileges of immunity provided by this article."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Franklin of the 39th moved to amend the floor substitute to HB 89 as follows:
Page 2 line 27
At the beginning of the line before the word "signs"
insert "white"

Representatives Walker of the 141st and Royal of the 164th move to amend the floor substitute to HB 89 as follows:
by adding the word "not" after the word "shall" on line 6, page 3

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:

Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

Y Mueller N Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

Y Birdsong Y Black
Boggs Y Bohannon N Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, JANUARY 30, 2001

Y Dix Y Dodson N Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Mann Y Manning Y Martin E Massey Y McBee Y McCall Y McClinton
McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

309
Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Boggs of the 168th, and Knox of the 28th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Ways & Means:

HB 186. By Representatives Powell of the 23rd, Harbin of the 113th, Greene of the 158th, Cummings of the 27th, Porter of the 143rd and others:

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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; and for other purposes.

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 136 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 153 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

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311

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 166 Do Pass, by Substitute HB 169 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 65 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 151 Do Pass HB 187 Do Pass, by Substitute HB 248 Do Pass

HB 184 Do Pass HB 193 Do Pass

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Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

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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313

Representative Hall, Atlanta, Georgia Wednesday, January 31, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Channell Childers Coleman, B E Collins

Connell Cox E Crawford Cummings Davis E Deloach, B Deloach, G Dodson Drenner Ehrhart Floyd Forster Franklin Golick Graves Greene Hammontree Harbin Harrell Heard Hembree Hines Holland Houston Howard Hudgens Hudson, N Hudson, S

Hugley Irvin Jackson, B James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lanier Lewis Lord Mangham Mann Manning Martin Massey McBee Millar Mills Morris Mosley Mueller Orrock

Parrish Parsons Pelote Pinholster Poag Powell Purcell Ragas Randall Ray Reece Reed Reese Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Seay Shanahan Shaw Sinkfield Skipper

Smith, B Smith, L Smith, P Smith, T Smith, V Smyre Snelling Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Twiggs Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Bordeaux of the 151st, Cash of the 108th, Coleman of the 142nd, Cooper of the 31st, Day of the 153rd, Dukes of the 161st, Everett of the 163rd, Hanner of the 159th, Heckstall of the 55th, Henson of the 65th, Jackson of the 148th, Jenkins of the 110th, Lane of the 146th, Lunsford of the 109th, Maddox of the 72nd, McClinton of the 68th, Mobley of the 69th, Parham of the

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122nd, Porter of the 143rd, Reichert of the 126th, Scott of the 165th, Sholar of the 179th, Sims of the 167th, Smith of the 175th, Smith of the 19th, Snow of the 2nd, Turnquest of the 73rd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Dr. Bill Willis, Pastor, Richland United Methodist Church, Richland, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 20.

By Representative Cox of the 105th:
A BILL to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to prohibit certain activities relating to defrauding drug and alcohol screening tests; and for other purposes.

Referred to the Committee on Judiciary.

HB 318. By Representatives Holmes of the 53rd and Brooks of the 54th:
A BILL to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances, so as to enact "The Georgia Neighborhood Protection Act"; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 319. By Representatives Pelote of the 149th, Brooks of the 54th, Heard of the 89th, Jackson of the 148th and Epps of the 131st:
A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses of instruction, so as to provide that all elementary and secondary schools shall provide instruction in black history; and for other purposes.

Referred to the Committee on Education.

HB 320. By Representatives Ehrhart of the 36th, Stancil of the 16th and Pinholster of the 15th:
A BILL to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, "The Zoning Procedures Law," so as to provide for participation by certain nonparties in court required mediation regarding zoning decisions; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs .

HB 321. By Representatives Dodson of the 94th, Unterman of the 84th, Barnes of the 97th, Teper of the 61st, Seay of the 93rd 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 322. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A BILL to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to authorize certain fines and the suspension of certain services; and for other purposes.

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

HB 323. By Representatives Powell of the 23rd, Watson of the 70th, Sims of the 167th, Yates of the 106th, Jenkins of the 110th and others:
A BILL to amend Code Section 20-3-37 of the Official Code of Georgia Annotated, relating to board of regents' contracts with hospitals, so as to restrict those surgical procedures included in the practice of medicine; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 324. By Representatives Holmes of the 53rd, Mobley of the 69th, Orrock of the 56th, Stuckey of the 67th, Brooks of the 54th and others:

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A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act"; to provide a short title; to prohibit the execution of the death sentence for any person if the sentence was imposed based on race; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 325. By Representatives Hammontree of the 4th and Stokes of the 92nd:
A BILL to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to provide that any person who is convicted of or pleads guilty or nolo contendere to a fourth or subsequent violation of this Code section within a five-year period of time shall be guilty of a felony; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 326. By Representatives Holmes of the 53rd, Teper of the 61st, Stuckey of the 67th, Drenner of the 66th, Childers of the 13th and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to create a voluntary system of full impartial public financing for primary, general, and runoff campaigns; to require participation in debates and the broadcast thereof; to require reporting of independent campaign expenditures and disbursements for issue advertisements; to establish a voter information commission; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 327. By Representative Howard of the 118th:
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 for used appliance warranty rights; to provide for a short title; to provide for

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definitions; to require express written warrantees; to provide for repair, refund, or replacement; and for other purposes.

Referred to the Committee on Judiciary.

HB 328. By Representative Coleman of the 80th:
A BILL to amend the Act creating a new charter for the City of Berkeley Lake, to provide for four-year terms for the mayor and council; to provide for staggered terms of office; to provide for initial terms of office; to remove the limits on the number of terms which the mayor may serve; and for other purposes.

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

HB 329. By Representatives Martin of the 47th, McBee of the 88th, Scheid of the 17th, Skipper of the 137th, Orrock of the 56th and others:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certain circumstances; to provide that psychologists certified to prescribe drugs are exempt from criminal law as are other medical professionals licensed to prescribe; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 330. By Representatives Martin of the 47th and Campbell of the 42nd:
A BILL to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the family court division pilot project, so as to extend the pilot project until July 1, 2004; and for other purposes.

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Referred to the Committee on Judiciary.
HB 331. By Representative Martin of the 47th:
A BILL to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to property tax exemptions, so as to authorize application for a homestead exemption by a married person not living with his or her spouse; and for other purposes.
Referred to the Committee on Ways & Means.
HB 332. By Representatives Epps of the 131st, Smyre of the 136th, Heard of the 89th, Jennings of the 63rd and Coleman of the 80th:
A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to definitions; to provide for alternative composition, powers, duties, and functions of community service boards; to provide for membership, terms, vacancies, and qualifications; to provide for county participation; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 333. By Representatives Mobley of the 69th and Mangham of the 75th:
A BILL to amend Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys, so as to provide who may represent persons desiring immigration and nationality services; to prohibit certain persons from practicing immigration and nationality law or from providing services relating to immigration or naturalization matters; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 334. By Representative Irvin of the 45th:
A BILL to amend Code Section 50-32-13 of the Official Code of Georgia Annotated, relating to the Governor's power to delegate certain authority to the Georgia Regional Transportation Authority, so as to provide for longrange transportation plans and mobility improvements plans and reports for areas under the jurisdiction of the Georgia Regional Transportation Authority; and for other purposes.

Referred to the Committee on Transportation.

HB 335. By Representatives Mobley of the 69th, Teague of the 58th, Ragas of the 64th and Watson of the 70th:
A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to change certain provisions relating to the use of cellular telephones while operating a vehicle; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 336. By Representatives Jennings of the 63rd, Burkhalter of the 41st, Snelling of the 99th, Graves of the 125th, Day of the 153rd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales of natural gas used for residential purposes; and for other purposes.

1/30/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 336. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

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321

Referred to the Committee on Ways & Means.
HB 337. By Representative Richardson of the 26th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide that a rebuttable presumption arises that the defendant in fi.fa. is the person authorized to receive any excess funds from a tax sale; to provide for exceptions; to provide a time period by which such excess must be paid; and for other purposes.
Referred to the Committee on Judiciary.
HB 338. By Representative Richardson of the 26th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that '911' communication center records related to pending criminal investigations or prosecutions are not subject to provisions regarding open records; and for other purposes.
Referred to the Committee on Judiciary.
HB 339. By Representative Richardson of the 26th:
A BILL to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that copies of health records may be requested by a patient's authorized agent; to provide a time period in which such records must be furnished; and for other purposes.
Referred to the Committee on Health & Ecology.

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HB 340. By Representative Richardson of the 26th:
A BILL to amend Code Section 24-9-27 of the Official Code of Georgia Annotated, relating to privilege of parties and witnesses, so as to create a privilege for law enforcement officers and officials to prevent them from being required to testify concerning a pending criminal investigation until the issuance of an arrest warrant or return of a true bill in an indictment; and for other purposes.

Referred to the Committee on Judiciary.

HB 341. By Representative Richardson of the 26th:
A BILL to amend Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to training for police chiefs and department heads, so as to provide that police chiefs and law enforcement unit department heads whose law enforcement unit operates under a state radar permit must receive certain training; and for other purposes.

Referred to the Committee on Public Safety.

HB 342. By Representatives Orrock of the 56th, Smyre of the 136th, Martin of the 47th, Coleman of the 142nd, Turnquest of the 73rd 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; and for other purposes.

Referred to the Committee on Industrial Relations.

HR 181. By Representative McCall of the 90th:
A RESOLUTION designating that portion of State Route 47 within the corporate limits of Lincolnton as a Blue Star Memorial Highway; and for

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323

other purposes.

Referred to the Committee on Transportation.

HR 182. By Representatives Mobley of the 69th, Watson of the 70th, Brooks of the 54th, Turnquest of the 73rd, McClinton of the 68th and others:
A RESOLUTION designating the Earl T. Shinhoster Bridge; and for other purposes.

Referred to the Committee on Transportation.

HR 183. By Representatives Mobley of the 69th, Teague of the 58th, Mangham of the 75th, Holmes of the 53rd, Randall of the 127th and others:
A RESOLUTION designating the month of May as Stroke Awareness Month in Georgia; and for other purposes.

Referred to the Committee on Health & Ecology.

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

HB 27 HB 298 HB 299 HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308

HB 309 HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HR 174 SB 13 SB 58

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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 137 Do Pass HR 138 Do Pass

HR 172 Do Pass HR 173 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 88 Do Pass, by Substitute HR 139 Do Pass
Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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:

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HB 280 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, JANUARY 31, 2001

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 9

J. Donald Kilgore State Crime Lab; designate

DEBATE CALENDAR

HB 176 HB 293

Veterans; certain service; high school diploma; eligibility Pesticide and tobacco dealers; licenses; fees

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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HB 280. By Representatives Tillman of the 173rd and Keen of the 174th:
A BILL to amend an Act creating the State Court of Glynn County, so as to change the compensation of the solicitor and the clerk of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
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 House:
HB 16. By Representatives Brooks of the 54th, Smyre of the 136th, Ashe of the 46th, Epps of the 131st and Taylor of the 134th:
A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to designate the "Georgia Memorial Flag"; and for other purposes.

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

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

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327

HR 137. By Representative Bell of the 25th:
A RESOLUTION commending the Commerce High School Football Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

HR 138. By Representatives Ray of the 128th, Purcell of the 147th, Floyd of the 138th, James of the 140th and Holland of the 157th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

HR 172. By Representatives Purcell of the 147th, Sims of the 167th, Snow of the 2nd and Buck of the 135th:
A RESOLUTION commending Trooper First Class Lisa A. Stocks on her selection as the Peace Officer of the Year for Valor and inviting her to appear before the House of Representatives; and for other purposes.

HR 173. By Representatives Purcell of the 147th, Snow of the 2nd, Lane of the 146th and Buck of the 135th:
A RESOLUTION commending Lt. Bill L. Mull as the Peace Officer of the Year for Meritorious Service and inviting him to appear before the House of Representatives; and for other purposes.

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 176. By Representatives Birdsong of the 123rd, Stallings of the 100th, Bunn of the 74th, Heckstall of the 55th, Smith of the 19th and others:
A BILL to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that each local board of education may issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in World War II; to provide that certain honorably discharged

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veterans who served in World War II between September 16, 1940, and December 31, 1946, and who did not graduate from high school are eligible for a diploma; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean E Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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329

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Children & Youth and referred to the Committee on Judiciary:
HB 201. By Representatives Ragas of the 64th, Stokes of the 92nd, Dix of the 76th, Squires of the 78th and Wiles of the 34th:
A BILL to amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for an alternative to detention in a youth development center; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 184. By Representatives Parrish of the 144th, Coleman of the 142nd, Parham of the 122nd, Jamieson of the 22nd and Channell of the 111th:
A RESOLUTION commending the Swainsboro Tigers High School football team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.
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:
HB 293. By Representatives Ray of the 128th, Floyd of the 138th and Purcell of the 147th:
A BILL to amend Code Section 2-7-55 of the Official Code of Georgia Annotated, relating to registration of pesticides, and Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related thereto, so as to change the provisions relating to registration with the Commissioner of Agriculture and the provision of certain services and the performance of certain duties by the Commissioner of Agriculture and the Department of Agriculture; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Code Section 2-7-55 of the Official Code of Georgia Annotated, relating to registration of pesticides, and Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related thereto, so as to change the provisions relating to registration with the Commissioner of Agriculture and the provision of certain services and the performance of certain duties by the Commissioner of Agriculture and the Department of Agriculture; to provide for the imposition and establishment of fees; to change the provisions relating to the issuance and expiration of licenses; to change the provisions relating to the surety bond or trust fund agreement required for nonauction tobacco dealers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-7-55 of the Official Code of Georgia Annotated, relating to registration of pesticides, is amended by striking subsection (f) and inserting in its place the following:
"(f) The applicant desiring to register a pesticide shall pay an annual registration fee of $10.00 to the Commissioner for each pesticide registered for such applicant. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 per annum. All such registrations shall expire on December 31 of any one year, provided that if the Commissioner adopts a multiple-year registration period, the annual registration fee of $10.00 per product shall be compounded for the number of years included in the multiple-year registration. A registration for a special local need pursuant to subsection (i) of this Code section which is disapproved by the administrator of the Environmental Protection Agency shall expire on the effective date of the administrators disapproval."
SECTION 2. Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related thereto, is amended by striking subsections (a) and (b) of said Code section and inserting in their place the following:
"(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealers license prior to engaging in such purchase operations. There shall be no charge for such license, which Such license

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331

shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 per annum. Each applicant for a nonauction tobacco dealers license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy fluecured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealers license for that selling season. (b) Prior to the issuance or renewal of a nonauction tobacco dealers license to an applicant or a licensee, the applicant or licensee shall post with the Commissioner a surety bond or trust fund agreement in the amount of 10 20 percent of the total purchases made by the applicant or licensee of flue-cured leaf tobacco from producers other than at auction during the preceding tobacco-selling season. The bond or trust fund agreement shall guarantee the purchases made by the applicant or licensee from producers other than at auction sales and shall in no instance be less than $5,000.00 $20,000.00 nor more than $200,000.00."
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 Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn

Y Cox E Crawford Y Cummings N Davis Y Day Y Dean E Deloach, B N Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford N Maddox

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest

332
N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B
Coleman, T E Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Mangham N Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard
Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 120, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 9.

By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A RESOLUTION expressing regret at the passing of J. Donald Kilgore and providing for the designation of the "J. Donald Kilgore State Crime Lab;" and for other purposes.

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

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:
HB 223 Do Pass, as Amended

WEDNESDAY, JANUARY 31, 2001

333

Respectfully submitted, /s/ 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 263 Do Pass
Respectfully submitted, /s/ Byrd of the 170th
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 169 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

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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 199 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

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Representative Hall, Atlanta, Georgia Thursday, February 1, 2001
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 Ken Ross, Pastor, Second Avenue Baptist Church, Rome Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 343. By Representatives Sinkfield of the 57th, Orrock of the 56th, Martin of the 47th, Buckner of the 95th, McClinton of the 68th and others:
A BILL to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offenses of pimping involving a child and pandering involving a child; and for other purposes.
Referred to the Committee on Children & Youth.
HB 344. By Representative Lucas of the 124th:
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 any item of tangible personal property with a sales price of 50 or less dispensed by or through a vending machine; and for other purposes.
Referred to the Committee on Ways & Means.
HB 345. By Representatives Twiggs of the 8th, Channell of the 111th, Morris of the 155th, Wix of the 33rd and Smith of the 12th:
A BILL to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; and for other purposes.
Referred to the Committee on Transportation.

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HB 346. By Representatives Smith of the 19th, Birdsong of the 123rd, Stephens of the 150th, Watson of the 70th, Taylor of the 134th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to provide for such plates for active duty members of the armed forces; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 347. By Representatives Stephens of the 150th, Day of the 153rd, Irvin of the 45th and Graves of the 125th:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to change the increased assessed value homestead exemption for certain senior citizens whose household income does not exceed $30,000.00, by changing the taxes to which such exemption shall be applicable; to remove the age and income limitations of such homestead exemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 348. By Representatives Stuckey of the 67th, Irvin of the 45th and Millar of the 59th:
A BILL to amend Article 2 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to parties to civil actions, so as to provide that certain persons shall have standing to bring or join an action challenging zoning or land use decisions made by county and municipal officials; and for other purposes.

Referred to the Committee on Judiciary.

HB 349. By Representatives Stephens of the 150th and Burkhalter of the 41st:
A BILL to amend Article 1 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to the

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distribution, storage, and sale of gas, so as to provide that whenever a retail customer of a natural gas company has service reconnected within a period of eight months after such service was disconnected, the natural gas company may charge a connection fee only; and for other purposes.

Referred to the Committee on Industry.

HB 350. By Representatives Sims of the 167th, Stokes of the 92nd, Royal of the 164th, Powell of the 23rd and McCall of the 90th:
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, electricity, or other fuel used in a structure in which fish, shellfish, crustaceans, alligators, or other aquaculture species are raised; and for other purposes.

Referred to the Committee on Ways & Means.

HB 351. By Representative Stephens of the 150th:
A BILL to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface waters, so as to provide that any municipal corporation in an area of the state in which the Environmental Protection Division of the Department of Natural Resources has a policy of refusing any additional permits to withdraw, divert, or impound water which on January 1, 2001, was exceeding the withdrawal limit of its permit through an error or misunderstanding and without malicious intent shall have the authority to withdraw the same amount of water per capita as the largest municipal corporation located in such area for the duration of its permit; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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HB 352. By Representative Lord of the 121st:
A BILL to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide definitions; to provide for licenses for resident and nonresident insurance agents, subagents, surplus lines brokers, counselors, and adjusters; to provide for inactive licenses and the revocation of such licenses; to provide for the suspension of licenses and the effect of such suspension on rights arising under contract prior to the suspension; to repeal Code Section 33-5-22 of the Official Code of Georgia Annotated, relating to the licensing of surplus line brokers generally; to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments; and for other purposes.

2/1/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 352. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lord District 121

Referred to the Committee on Insurance.

HB 353. By Representative Purcell of the 147th:
A BILL to amend an Act creating the State Court of Effingham County, so as to provide that the judge and solicitor of such court shall devote their full time to the duties of their offices; and for other purposes.

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

HB 354. By Representative Bordeaux of the 151st: A BILL to amend Code Section 15-6-98 of the Official Code of Georgia

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Annotated, relating to collection of fees and remittance of real estate and personal property filing fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to provide for the use which may be made of such fees; and for other purposes.

Referred to the Committee on Judiciary.

HB 355. By Representatives Orrock of the 56th, Harbin of the 113th, Graves of the 125th, Smith of the 169th, Powell of the 23rd and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assistant services; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 356. By Representatives Orrock of the 56th, Childers of the 13th, Harbin of the 113th, Manning of the 32nd and Channell of the 111th:
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 collection of credentialing data for health care practitioners; to provide for a short title and legislative intent; to allow the use of credentials verification organizations and require health care entities desiring core credentials data to obtain it from a credentials verification organization if the health care practitioner so desires; and for other purposes.

Referred to the Committee on Health & Ecology.

HR 185. By Representative James of the 140th:
A RESOLUTION designating a portion of State Highway 26 lying within the city limits of the City of Montezuma as "Dennis Fulton Douglass Highway";

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and for other purposes.

Referred to the Committee on Transportation.

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

HB 20 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327 HB 328 HB 329 HB 330 HB 331

HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HR 181 HR 182 HR 183

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

HB 336. By Representatives Jennings of the 63rd, Burkhalter of the 41st, Snelling of the 99th, Graves of the 125th, Day of the 153rd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales of natural gas used for residential purposes; and for other purposes.

The motion prevailed.

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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 120 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
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 16 Do Pass HR 22 Do Pass HR 136 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 305 Do Pass HB 306 Do Pass HB 307 Do Pass

HB 309 Do Pass HB 310 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 1, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

HB 153 HB 169 HB 193

Congressional and statutory boards; redistricting; change provisions Health insurance; timely payment; interest penalty Motor vehicle convictions; reports from court to Department of Public Safety; fees

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 305. By Representative Pinholster of the 15th:
A BILL to create a board of elections and registration for Pickens County and provide for its powers and duties; and for other purposes.

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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 104, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 306. By Representative Pinholster of the 15th: A BILL to reconstitute the Pickens County Board of Education; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 307. By Representatives Amerson of the 7th and Poag of the 6th: A BILL to create and establish the Fannin County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 309. By Representative Morris of the 155th: A BILL to provide a new charter for the City of Higgston; and for other purposes.

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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 104, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 310. By Representatives Buckner of the 95th, Barnes of the 97th and Dodson of the 94th:
A BILL to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, so as to provide for the election of the chief magistrate in nonpartisan primaries and elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, 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 37.

By Senators Tanksley of the 32nd, Gingrey of the 37th and Lee of the 29th:
A bill to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change the qualifications for the office of sheriff; to make it unlawful for any sheriff in this state to engage either directly or indirectly in

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the private security, private investigation, or wrecker towing business; to provide a penalty; to repeal conflicting laws; and for other purposes.
HB 107. By Representative Martin of the 47th:
A BILL to amend the O.C.G.A., 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; and for other purposes.
HB 205. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Smith of the 102nd and Roberts of the 132nd:
A BILL to repeal the charter of the Town of Bibb City, which was incorporated by an order of the Superior Court of Muscogee County at the August, 1909, term of court and recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County; and for other purposes.

The Senate has adopted by the requisite constitutional majority, the following resolution of the House:

HR 176. By Representatives Murphy of the 18th, Smyre of the 136th, Skipper of the 137th 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.

The President appointed as a Committee of Escort the following: Senators Jackson of the 50th, Butler of the 55th, Dean of the 31st, Cable of the 27th, Tanksley of the 32nd, Thompson of the 33rd, Stokes of the 43rd, and Kemp of the 3rd.

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

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SB 37.

By Senators Tanksley of the 32nd, Gingrey of the 37th and Lee of the 29th:
A bill to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change the qualifications for the office of sheriff; to make it unlawful for any sheriff in this state to engage either directly or indirectly in the private security, private investigation, or wrecker towing business; to provide a penalty; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

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

HR 16.

By Representatives Unterman of the 84th, Coleman of the 80th and Squires of the 78th:
A RESOLUTION recognizing and commending Boy Scout Troop 535; inviting members of the troop to appear before the House of Representatives; and for other purposes.

HR 22.

By Representatives Unterman of the 84th, Birdsong of the 123rd and West of the 101st:
A RESOLUTION recognizing and commending the sesquicentennial celebration of the Lawrenceville, Georgia, Masonic Lodge No. 131 and the Loganville, Georgia, Fergus Lodge No. 135; inviting members of the Lodges to appear before the House of Representatives; and for other purposes.

HR 136. By Representative Bell of the 25th:
A RESOLUTION commending the Jefferson High School Lady Dragons Softball Team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.

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HR 169. By Representative Hudson of the 156th:
A RESOLUTION commending the Irwin County High School Girls Softball Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

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 169. By Representatives Channell of the 111th, Parrish of the 144th, Coleman of the 142nd, Jamieson of the 22nd and Parham of the 122nd:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn

Y Cox Y Crawford E Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Maddox

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest

Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 1, 2001

Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines
Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

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Y Twiggs Unterman Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lunsford of the 109th 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 193. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Public Safety, so as to change certain provisions relating to fees; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow

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Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins
Connell Y Cooper

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Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers
Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 153. By Representatives Coleman of the 142nd, Dukes of the 161st and Smith of the 175th:
A BILL to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provisions relating to the effect of changes in congressional districts on members of boards and bodies who are selected for service on the basis of residency within a congressional district; and for other purposes.

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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 Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon
Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

N Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps
Everett Y Floyd N Forster N Franklin Y Golick N Graves Y Greene N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall N Hembree E Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Mann N Manning Y Martin N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling
Snow Squires Y Stallings N Stancil Stanley Y Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates Murphy, Speaker

On the passage of the Bill, the ayes were 101, nays 67. The Bill, having received the requisite constitutional majority, was passed.

Representatives Snow of the 2nd and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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The following Resolutions of the House were read and referred to the Committee on Rules:
HR 186. By Representatives Maddox of the 72nd, Turnquest of the 73rd, Ragas of the 64th, Watson of the 70th and Mobley of the 69th:
A RESOLUTION commending the Cedar Grove High School Marching Band and inviting the band to appear before the House of Representatives; and for other purposes.
HR 187. By Representatives Cox of the 105th, Franklin of the 39th, Sanders of the 107th, Brown of the 130th, Westmoreland of the 104th and others:
A RESOLUTION commending Andrew Thompson Roy and inviting him to appear before the House of Representatives; and for other purposes.
HR 204. By Representatives Campbell of the 42nd, Irvin of the 45th, Wilkinson of the 43rd, Ashe of the 46th, Heckstall of the 55th and others:
A RESOLUTION commending the Honorable Stephen D. Dolinger and inviting him to appear before the House of Representatives; and for other purposes.
HR 206. By Representatives Turnquest of the 73rd, Mobley of the 69th, Heard of the 89th, Epps of the 131st, Watson of the 70th and others:
A RESOLUTION honoring the Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the Eastern Star and inviting the members to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 171. By Representatives Walker of the 141st, Bohannon of the 139th, Ray of the 128th and Floyd of the 138th:

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353

A RESOLUTION recognizing and commending Ivan H. Allen; and for other purposes.
HR 188. By Representative Coleman of the 80th: A RESOLUTION commending the Collins Hill High School Eagles boys' cross-country team; and for other purposes.
HR 189. By Representatives Harbin of the 113th, Lord of the 121st, Jackson of the 112th, Golick of the 30th and Shaw of the 176th: A RESOLUTION recognizing and honoring former American prisoners of war; and for other purposes.
HR 190. By Representatives Parrish of the 144th, Coleman of the 142nd, Parham of the 122nd, Jamieson of the 22nd and Channell of the 111th: A RESOLUTION commending Children's Advocacy Centers in Georgia; recognizing Child Advocacy Center Day at the state capitol; and for other purposes.
HR 191. By Representative Pelote of the 149th: A RESOLUTION recognizing and commending Samuel W. Hicks; and for other purposes.
HR 192. By Representatives Harbin of the 113th, Lord of the 121st, Jackson of the 112th, Golick of the 30th and Shaw of the 176th: A RESOLUTION to recognize and honor Georgia's Vietnam veterans; and for other purposes.
HR 193. By Representatives Stuckey of the 67th, McClinton of the 68th and Mobley of the 69th:

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A RESOLUTION commending the Decatur High School Girls' Fast-Pitch Softball Team; and for other purposes.

HR 194. By Representatives Porter of the 143rd, Coleman of the 142nd, Murphy of the 18th, Teper of the 61st and Parrish of the 144th:
A RESOLUTION recognizing and commending Sherwin Glass; and for other purposes.

HR 195. By Representatives Manning of the 32nd, Hines of the 38th, Johnson of the 35th, Parsons of the 40th, Wiles of the 34th and others:
A RESOLUTION commending Dr. Army Lester III; and for other purposes.

HR 196. By Representatives Turnquest of the 73rd, Dukes of the 161st, Randall of the 127th and Brooks of the 54th:
A RESOLUTION marking the 37th Anniversary of the Council of Deliberation, Western Europe, of the Scottish Rite of Free and Accepted Masonry; and for other purposes.

HR 197. By Representatives Cummings of the 27th, Murphy of the 18th, Shanahan of the 10th, Walker of the 141st, Coleman of the 142nd and others:
A RESOLUTION recognizing and commending Claude L. Vickers; and for other purposes.

HR 198. By Representative Royal of the 164th:
A RESOLUTION recognizing and commending Mitchell County Primary School; and for other purposes.

HR 199. By Representatives Ray of the 128th and James of the 140th:
A RESOLUTION recognizing the Festival of Camellias and commending the American Camellia Society; and for other purposes.

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HR 200. By Representative Coleman of the 80th: A RESOLUTION commending Mark McDonald; and for other purposes.
HR 201. By Representatives Mobley of the 69th, Mangham of the 75th, Randall of the 127th and Watson of the 70th: A RESOLUTION expressing regret at the passing of Attorney Raiford Stanley, Jr.; and for other purposes.
HR 202. By Representatives Cummings of the 27th, Powell of the 23rd and McCall of the 90th: A RESOLUTION recognizing the month of May, 2001, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.
HR 203. By Representative Coleman of the 80th: A RESOLUTION commending Jason Corey Ringham; and for other purposes.
HR 205. By Representatives Stallings of the 100th and West of the 101st: A RESOLUTION expressing regret at the passing of Virginia Colquitt Almon; and for other purposes.
HR 207. By Representatives Stallings of the 100th, West of the 101st, Hembree of the 98th, Richardson of the 26th, Snelling of the 99th and others: A RESOLUTION recognizing and commending Shea Cowart; and for other purposes.
HR 208. By Representatives Smith of the 19th, Birdsong of the 123rd, Stancil of the 16th, Pinholster of the 15th, Coleman of the 80th and others:

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A RESOLUTION recognizing the members of the 48th Infantry Brigade (Mechanized) of the Georgia Army National Guard deployed in support of the U. N. Peacekeeping Mission in Bosnia; and for other purposes.

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 112 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 233 Do Pass HR 101 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

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

HB 33 Do Pass HB 71 Do Pass HB 129 Do Pass, by Substitute

HB 206 Do Pass HB 235 Do Pass, as Amended HR 17 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Epps of the 131st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 224 Do Pass, by Substitute
Respectfully submitted, /s/ Epps of the 131st
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 75 Do Pass, by Substitute HB 87 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 142 Do Pass, by Substitute HB 158 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.

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359

Representative Hall, Atlanta, Georgia Friday, February 2, 2001
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 David K. Biggers, Pastor, Community Church of God, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 18.

By Representatives Snelling of the 99th, Westmoreland of the 104th, Jennings of the 63rd, Graves of the 125th, Kaye of the 37th 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 equalize tax treatment of married and single persons in certain matters; and for other purposes.

2/2/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 18. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Snelling District 99

Referred to the Committee on Ways & Means.

HB 357. By Representatives McBee of the 88th and Campbell of the 42nd:
A BILL to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to clarify training requirements for certification of magistrates who are active members of the State Bar of Georgia; and for other purposes.

Referred to the Committee on Judiciary.

HB 358. By Representative Scott of the 165th:
A BILL to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to change certain provisions

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relating to amount of insurance in certain fire policies deemed conclusive as to value of property covered; and for other purposes.

Referred to the Committee on Insurance.

HB 359. By Representative Scott of the 165th:
A BILL to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage brokers and mortgage lenders, so as to prohibit the charging of interest and fees by a mortgage lender during the period after a request by an insurance company for documentation relating to an insurance claim until such documentation is provided by the mortgage lender; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 360. By Representatives Manning of the 32nd, Reece of the 11th, Smith of the 103rd, Mueller of the 152nd, Barnard of the 154th 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 newborn under certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HB 361. By Representatives Floyd of the 138th, Ray of the 128th, Purcell of the 147th and Hudson of the 156th:
A BILL to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to the 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; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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HB 362. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A BILL to provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 70 years of age or older; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 363. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A BILL to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $25,000.00; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 364. By Representatives Jamieson of the 22nd and Wix of the 33rd:
A BILL to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to provide for circumstances under which such vehicles shall not be deemed to have been removed from the inventory of a dealer and thus shall remain exempt from ad valorem taxation; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 365. By Representative Jamieson of the 22nd:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the minimum annual salary of members of county governing authorities; to provide for longevity increases; to authorize certain expense allowances; to authorize the enactment of local laws providing for greater annual salaries than are specified by general law; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .
HB 366. By Representatives Jamieson of the 22nd and Shanahan of the 10th:
A BILL to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions regarding redevelopment powers, so as to change certain provisions regarding items which qualify as redevelopment; to change certain provisions regarding financing costs which qualify as redevelopment costs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 367. By Representative Byrd of the 170th:
A BILL to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury; to provide for reinstatement in certain circumstances; to provide for removal upon conviction and after exhaustion of appeals; and for other purposes.
Referred to the Committee on Rules.

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HB 368. By Representatives Stallings of the 100th and West of the 101st:
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; to provide for the terms and conditions of such bonds; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 369. By Representatives Watson of the 70th, Mobley of the 69th, Bordeaux of the 151st, Sailor of the 71st and Forster of the 3rd:
A BILL to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures regarding new trials, so as to provide for extraordinary motions for new trials based on newly discovered evidence regarding paternity of a child; to provide requirements for filing such a motion; to provide that relief on such motion shall be granted if genetic testing conclusively shows that the alleged father is not the natural father of the child and if the alleged father has not adopted the child and if the child was not conceived by artificial insemination; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 370. By Representatives Smith of the 175th, Lane of the 146th and Barnard of the 154th:
A BILL to amend Code Section 27-4-171 of the Official Code of Georgia Annotated, relating to bait dealers, so as to provide that any live bait shrimp dealership which is not within one-half mile of public salt-water angling access and which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies, equipment, and accessories shall be exempt from requirements of providing such access; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

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365

HB 371. By Representatives West of the 101st, Stallings of the 100th, Snow of the 2nd, Bridges of the 9th and Jenkins of the 110th:
A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses; to provide for increased penalties with respect to a person who, while fleeing or attempting to elude a pursuing police vehicle or officer, operates his or her vehicle in excess of 90 miles an hour, fails to comply with any traffic-control device or lane direction control signal, violates any provision of Code Section 40-6-42, 40-6-43, or 40-6-45 relating to driving to the left of the center of the road, fails to yield the right of way in violation of Code Section 40-6-70, violates the provisions of subsection (b) or (c) of Code Section 40-6-47 relating to one-way roadways, or violates the provisions of subsection (a) of Code Section 40-6-163; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 372. By Representatives Seay of the 93rd, Teague of the 58th, Sinkfield of the 57th, Kaye of the 37th, Walker of the 141st and others:
A BILL to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, so as to require secondary public schools to offer students who are at least 18 years old the opportunity to register to vote at the school during the first week of April of each year; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 373. By Representatives Stuckey of the 67th, Holland of the 157th, Martin of the 47th, Orrock of the 56th and Ragas of the 64th:
A BILL to amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, so as to change the provisions relating to exemptions for purposes of bankruptcy and intestate insolvent estates; and for other purposes.

Referred to the Committee on Judiciary.

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HB 374. By Representative Ashe of the 46th:
A BILL to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to malt beverages, so as to provide for conditions under which kegs of malt beverages may be sold at retail; and for other purposes.
Referred to the Committee on Regulated Beverages.
HB 375. By Representatives Shaw of the 176th, Crawford of the 129th, McCall of the 90th, Borders of the 177th, Jamieson of the 22nd and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Training and Education Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .
HB 376. By Representatives Royal of the 164th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th 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; and for other purposes.
Referred to the Committee on Ways & Means.
HB 377. By Representatives Brooks of the 54th, Walker of the 141st, Skipper of the 137th, Mobley of the 69th, Seay of the 93rd and others:
A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for

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disclosure of adjustment rates for tires; to provide for definitions and notice to consumers that adjustment rates are available for inspection; and for other purposes.

Referred to the Committee on Industry.

HB 378. By Representative Channell of the 111th:
A BILL to amend an Act providing a new charter for the City of Union Point, so as to change a provision relating to filling a vacancy in the office of mayor or councilmember; and for other purposes.

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

HB 379. By Representative Channell of the 111th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Putnam County; and for other purposes.

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

HB 380. By Representatives Walker of the 87th and Martin of the 47th:
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; and for other purposes.

Referred to the Committee on Education.

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HB 381. By Representatives Sims of the 167th, McCall of the 90th, Skipper of the 137th, Stokes of the 92nd, Coleman of the 142nd and others:
A BILL to amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, and care for mental illness, so as to change the provisions relating to emergency admission based on physician's certification or court order; to change the provisions relating to procedure upon admission and notice of proposed discharge; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 382. By Representatives Williams of the 83rd, Massey of the 86th and Coan of the 82nd:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes.

Referred to the Committee on Judiciary.

HB 383. By Representative Hudson of the 120th:
A BILL to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application and number of physician's assistants, so as to change the number of physician's assistants who may be licensed to a physician; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 384. By Representative Hudson of the 120th:
A BILL to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, so as to provide for

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actions of such assistants with regard to professional samples; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 385. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to promote safe operation of motor vehicles on public roads in this state; 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 instruction permits, graduated licensing and related restrictions, and temporary licenses; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 209. By Representatives Sholar of the 179th, Powell of the 23rd, McCall of the 90th, Floyd of the 138th, James of the 140th and others:
A RESOLUTION urging the United States Congress to support legislation which would provide for the reclassifying of water well drilling vehicles and equipment as agricultural equipment under the commercial driver's license (CDL) statute; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 210. By Representatives Williams of the 83rd and Westmoreland of the 104th:
A RESOLUTION proposing an amendment to the Constitution so as to change the method of selection of members of the State Board of Education; to provide for election by a majority vote of certain members of the General Assembly; and for other purposes.

Referred to the Committee on Education.

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HR 211. By Representative Williams of the 83rd:
A RESOLUTION proposing an amendment to the Constitution so as to change the method of selection of members of the State Board of Education; to provide for nomination by the member of Congress representing the congressional district and election by a majority vote of certain members of the General Assembly; and for other purposes.

Referred to the Committee on Education.

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

HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350

HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HR 185 SB 37

Pursuant to Rule 52, Representative Lord of the 121st moved that the following Bill of the House be engrossed:

HB 352. By Representative Lord of the 121st:
A BILL to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide definitions; to provide for licenses for resident and nonresident insurance agents, subagents, surplus lines brokers, counselors, and adjusters; to provide for inactive licenses and the revocation of such licenses; to provide for the suspension of licenses and the effect of such suspension on rights arising under contract prior to the suspension; to repeal Code Section 33-5-22 of the Official Code of Georgia Annotated, relating to the licensing of surplus line brokers generally; to amend Chapter

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11 of Title 33 of the Official Code of Georgia Annotated, relating to investments; and for other purposes.

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 156 Do Pass, by Substitute

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 316 Do Pass HB 322 Do Pass HB 328 Do Pass

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 2, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

HB 84 HB 166 HB 184 HB 199 HB 223 HB 263

Uniform Fraudulent Transfers Act; enact Insurance; cancellation; provide loss history to insured Motorcycles; headgear violations; amend penalty provision Developmental Highway System; change description of roads Dental hygienists; dental screenings without supervision Nursing homes; employee criminal record checks; amend

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 316. By Representative Amerson of the 7th:
A BILL to create the Board of Commissioners of Lumpkin County to be composed of a chairperson and four commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.

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

HB 322. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A BILL to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to authorize certain fines and the suspension of certain services; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 328. By Representative Coleman of the 80th:
A BILL to amend the Act creating a new charter for the City of Berkeley Lake, to provide for four-year terms for the mayor and council; to provide for staggered terms of office; to provide for initial terms of office; to remove the limits on the number of terms which the mayor may serve; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 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:

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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 38. By Senators Williams of the 6th, Gillis of the 20th, Blitch of the 7th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 27-4-194 of the Official Code of Georgia Annotated, relating to the minimum size of shellfish which may be taken for commercial or noncommercial purposes, so as to provide that it shall be lawful to take or possess clams when the maximum depth of the shell of the clam measures less than three-fourths inch thickness; to repeal conflicting laws; and for other purposes.
SB 48. By Senators Cagle of the 49th, Gillis of the 20th and Beatty of the 47th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to exempt certain types of vessels from certain requirements relating to lifesaving devices; to change the penalty for operating certain vessels after the privilege to do so has been suspended; to repeal conflicting laws; and for other purposes.
SB 83. By Senator Gillis of the 20th:
A bill to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to change certain definitions; to assent to certain federal laws; to provide for the use of certain funds; to change certain provisions relative to hunting, trapping, and fishing in certain public areas; to establish criminal violations of certain rules and regulations; to repeal certain provisions relative to lifetime sportsmans licenses; to provide for the sale of hunting, fishing, and trapping licenses by telephone and over the Internet; to exempt certain minors hunting under the supervision of an adult from hunter education course requirements; to change certain provisions relative to who is required to have a license to hunt or fish in certain circumstances; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
HR 176. By Representatives Murphy of the 18th, Smyre of the 136th, Skipper of the 137th and Walker of the 141st:

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SR 35.

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.
By Senators Dean of the 31st, Starr of the 44th, Johnson of the 1st, Bowen of the 13th, Gillis of the 20th and others:
A resolution authorizing the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through property owned by the State of Georgia in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal conflicting laws; and for other purposes.

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

SB 38.

By Senators Williams of the 6th, Gillis of the 20th, Blitch of the 7th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 27-4-194 of the Official Code of Georgia Annotated, relating to the minimum size of shellfish which may be taken for commercial or noncommercial purposes, so as to provide that it shall be lawful to take or possess clams when the maximum depth of the shell of the clam measures less than three-fourths inch thickness; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish and Parks.

SB 48.

By Senators Cagle of the 49th, Gillis of the 20th and Beatty of the 47th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to exempt certain types of vessels from certain requirements relating to lifesaving devices; to change the penalty for operating certain vessels after the privilege to do so has been suspended; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Game, Fish and Parks.

SB 83.

By Senator Gillis of the 20th:
A bill to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to change certain definitions; to assent to certain federal laws; to provide for the use of certain funds; to change certain provisions relative to hunting, trapping, and fishing in certain public areas; to establish criminal violations of certain rules and regulations; to repeal certain provisions relative to lifetime sportsmans licenses; to provide for the sale of hunting, fishing, and trapping licenses by telephone and over the Internet; to exempt certain minors hunting under the supervision of an adult from hunter education course requirements; to change certain provisions relative to who is required to have a license to hunt or fish in certain circumstances; to repeal conflicting laws; and for other purposes

Referred to the Committee on Game, Fish and Parks.

SR 35.

By Senators Dean of the 31st, Starr of the 44th, Johnson of the 1st, Bowen of the 13th, Gillis of the 20th and others:
A resolution authorizing the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through property owned by the State of Georgia in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources and Environment.

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:

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377

HB 263. By Representatives Randall of the 127th, McClinton of the 68th, Jenkins of the 110th and Childers of the 13th:
A BILL to amend Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, so as to change certain definitions; to define additional terms; to change the provisions relating to request for a criminal record check with respect to an applicant for employment in a nursing home; to provide that a nursing home shall make a written determination for each applicant for whom a criminal record check is performed; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Houston Y Howard

Y Hudson, S Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers E Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix

378
Y Connell Cooper

JOURNAL OF THE HOUSE

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Skipper Y Smith, B

Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smyre of the 136th 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.

The Speaker Pro Tem assumed the Chair.

HB 84.

By Representatives Martin of the 47th, Allen of the 117th, Reichert of the 126th and Campbell of the 42nd:
A BILL to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; and for other purposes.

The following amendment was read and adopted:

Representatives Allen of the 117th, Martin of the 47th, and Stokes of the 92nd move to amend HB 84 by striking lines 24 through 27 on page 9 and inserting in lieu thereof the following:
"(a) Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (b) The provisions of this article do not create a cause of action for a governmental entity or its agent or assignee with respect to a transaction which may otherwise constitute a fraudulent transfer or obligation under this article if the transaction complies with the applicable state and federal laws concerning transfers of property in the determination of eligibility for public benefits.'"

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379

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Reed Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Rogers E Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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Representative Turnquest of the 73rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The Speaker assumed the Chair.
HB 223. By Representatives Childers of the 13th, Henson of the 65th, Jackson of the 148th, Parsons of the 40th, West of the 101st and others:
A BILL to amend Code Section 43-11-74 of the Official Code of Georgia Annotated, relating to direct supervision of dental hygienists, so as to authorize them to perform dental screenings without such supervision under certain conditions; and for other purposes.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HB 223 as follows:
On line 16, after the word "programs" add a period, and substitute the following language for remainder of paragraph:
"Other health fair settings must be pre-approved by the board".
So that (2) should read as follows:
(2) The requirement of direct supervision shall not apply to the performance of dental hygienists providing dental screenings in settings which include schools, hospitals, clinics, state, county, local and federal public health programs. Other health fair settings must be pre-approved by the board.
On lines 23 and 25, include the word "dental" before the word "screenings", so that the sentence will read:
"There shall be no fees charged for providing a dental screening pursuant to this subsection except for dental screenings provided by employees of the Department of Human Resources or county boards of health. These fees must be paid directly to that department or county board of health and not to the individual who performs the dental screening."

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381

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece E Reed Reese Y Reichert Y Rice Richardson Y Roberts, D Y Roberts, L Y Rogers E Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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.

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JOURNAL OF THE HOUSE

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 "aye" thereon.
HB 166. By Representatives Bannister of the 77th, Golick of the 30th, Harbin of the 113th, Shaw of the 176th and Bohannon of the 139th:
A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require certain insurers to provide a loss history to an insured under certain circumstances; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require certain insurers to provide a loss history to an insured under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section at the end thereof, to be designated Code Section 33-1-18, to read as follows:
"33-1-18. In the event of cancellation, nonrenewal, or renewal of any commercial insurance policy, the insurer, upon written request of the insured or the insured's current agent of record, shall be required to provide to the insured or the insureds current agent of record a written loss history within 30 days of the date of such written request."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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383

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons
Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece E Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers E Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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.

384

JOURNAL OF THE HOUSE

Representative Turnquest of the 73rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 184. By Representatives Powell of the 23rd, Parham of the 122nd, Bulloch of the 180th, McCall of the 90th and Porter of the 143rd:
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 a violaton of said Code section shall not be a moving traffic violation; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan

N Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord N Lucas
Lunsford Y Maddox Y Mangham Y Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece E Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers E Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, FEBRUARY 2, 2001

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills Y Mobley N Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

385
N Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 199. By Representatives Coleman of the 142nd, Morris of the 155th, Purcell of the 147th, Skipper of the 137th, Barnard of the 154th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

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

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell E Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Lane Y Lanier Y Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Y Mann

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece E Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers E Royal

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman

386
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Governmental Affairs:

HB 116. By Representative Howard of the 118th:
A BILL to amend Code Section 45-10-70 of the Official Code of Georgia Annotated, relating to holding office in political subdivision, political party, or political organization by nonelective state officers or employees, so as to provide that nonelective state officers and employees may use annual and personal leave to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours and to provide an additional amount of unpaid leave equal to one-half of the total amount of leave allotted to the officer or employee each year to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours; and for other purposes.

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

HR 214. By Representatives Randall of the 127th, Reichert of the 126th, Lucas of the 124th, Graves of the 125th, Jordan of the 96th and others:

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387

A RESOLUTION commending Mr. Larry Tharpe and inviting him to appear before the House of Representatives; and for other purposes.

Pursuant to HR 91, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 5, 2001.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, February 5, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Childers Coleman, B Coleman, T Collins

Connell Cox Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Epps Everett Floyd Forster Franklin Golick Graves E Greene Hammontree Hanner Harbin Harrell Heard Hembree Hines Holland Houston Howard

Hudgens Hudson, N Hudson, S Hugley Jackson, B Jamieson Jenkins Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Mangham E Mann Martin Massey McBee McKinney Mills Morris Mosley

E Mueller Parham Parrish Parsons Pelote Pinholster Purcell Ray Reece
E Reed Reese Reichert Richardson Roberts, D Roberts, L Rogers Royal Sanders Scheid Scott Seay Shanahan Sholar Sims Sinkfield Skipper Smith, B Smith, C

Smith, C.W Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil Stanley-Turner Stephens Stokes Taylor Teper E Tillman Turnquest Twiggs Unterman Walker, L Watson West Westmoreland Wiles Wilkinson Willard Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Bordeaux of the 151st, Borders of the 177th, Channell of the 111th, Coan of the 82nd, Dukes of the 161st, Heckstall of the 55th, Henson of the 65th, Irvin of the 45th, Jackson of the 148th, James of the 140th, Joyce of the 1st, McCall of the 90th, McClinton of the 68th, Millar of the 59th, Poag of the 6th, Porter of the 143rd, Powell of the 23rd, Ragas of the 64th, Randall of the 127th, Rice of

MONDAY, FEBRUARY 5, 2001

389

the 79th, Sailor of the 71st, Shaw of the 176th, Squires of the 78th, Walker of the 87th, Williams of the 83rd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Rodney U. Turner, Pastor, Canaan Baptist Church, Roanoke, Alabama.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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 386. By Representatives Buckner of the 95th, Johnson of the 35th, Mangham of the 75th, Bannister of the 77th, Bell of the 25th and others:

390

JOURNAL OF THE HOUSE

A BILL to amend Article 1 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to the distribution, storage, and sale of gas, so as to provide that whenever a gas utility company regulated by the Public Service Commission, including a marketer, discovers or has called to its attention a billing error or other mistake acknowledged or admitted to by the gas utility company and resulting in an overpayment by a retail customer of the gas utility company, such gas utility company shall be required automatically and immediately to provide a credit or refund of the amount of the overpayment to the customer; and for other purposes.
Referred to the Committee on Industry.
HB 387. By Representative Snow of the 2nd:
A BILL to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; and for other purposes.
Referred to the Committee on Retirement.
HB 388. By Representatives Porter of the 143rd, McBee of the 88th, Pelote of the 149th and Mobley of the 69th:
A BILL to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to the certification of librarians, so as to authorize the State Board for the Certification of Librarians to require continuing education as a condition of renewal of a librarian's certificate; and for other purposes.
Referred to the Committee on Higher Education.

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391

HB 389. By Representative Snow of the 2nd:
A BILL to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to repeal a prohibition against narcotics agents being members of the Employees' Retirement System of Georgia; and for other purposes.

Referred to the Committee on Public Safety.

HB 390. By Representatives Mueller of the 152nd, Day of the 153rd, Jackson of the 148th, Pelote of the 149th and Stephens of the 150th:
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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 391. By Representatives Joyce of the 1st and Franklin of the 39th:
A BILL to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for the presentation and critique of scientific theories about the origins of life and living things; and for other purposes.

Referred to the Committee on Education.

HB 392. By Representatives Joyce of the 1st and Franklin of the 39th:
A BILL to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program operated by the state Board of Education, so as to provide that students who live in Georgia but attend private high school outside of

392

JOURNAL OF THE HOUSE

Georgia may participate in the honors program if they otherwise qualify; and for other purposes.

Referred to the Committee on Education.

HB 393. By Representatives Drenner of the 66th and Martin of the 47th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that public disclosure shall not be required for certain records relating to carpooling and ridesharing programs; and for other purposes.

Referred to the Committee on Judiciary.

HB 394. By Representatives Joyce of the 1st and Franklin of the 39th:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to create and define a tort of alienation of affections; to provide that proof of certain conduct shall be considered in calculating damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 395. By Representatives Lucas of the 124th, Lord of the 121st, Harbin of the 113th and Heard of the 89th:
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 provide that insurance companies shall not base an adverse underwriting decision upon the fact that the insured finances or intends to finance the insurance premiums for a policy or coverage through an insurance premium finance company; and for other purposes.

Referred to the Committee on Insurance.

MONDAY, FEBRUARY 5, 2001

393

HB 396. By Representatives Joyce of the 1st and Franklin of the 39th:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been revoked under Code Section 40-5-57.1; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 397. By Representatives Scheid of the 17th, Westmoreland of the 104th, Epps of the 131st, Parrish of the 144th, Royal of the 164th 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 income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .
HB 398. By Representatives Channell of the 111th, Parham of the 122nd and Hudson of the 120th:
A BILL to create the Sinclair Water Authority to provide for water projects in Baldwin and Putnam Counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .
HB 399. By Representatives Royal of the 164th, Walker of the 141st, Skipper of the 137th, Jamieson of the 22nd and Shanahan of the 10th:

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A BILL to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing compensation for members of county governing authorities and elected chief executive officers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 400. By Representatives Shanahan of the 10th, Royal of the 164th and Skipper of the 137th:
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 provide for additional exclusions with respect to certain vehicle decal or display requirements; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 401. By Representatives Buckner of the 95th, Martin of the 47th, Jordan of the 96th, Manning of the 32nd, Sims of the 167th 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, 2001, 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; and for other purposes.

Referred to the Committee on Industry.

HB 402. By Representatives Snelling of the 99th, Campbell of the 42nd, Jennings of the 63rd and Westmoreland of the 104th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal the estate tax; and for other purposes.

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2/5/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 402. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Snelling District 99
Referred to the Committee on Ways & Means.
HB 403. By Representatives Randall of the 127th, Reichert of the 126th, Buckner of the 95th, Sailor of the 71st and Graves of the 125th:
A BILL to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes applicable to insurance companies, so as to provide for a tax credit against gross premium taxes with respect to insurance companies who employ certain college students for summer work; to provide for conditions and procedures regarding such credit; to define certain terms; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ certain college students for summer work; and for other purposes.
Referred to the Committee on Ways & Means.
HB 404. By Representatives Kaye of the 37th, Ehrhart of the 36th, Watson of the 70th, Mills of the 21st, Harbin of the 113th and others:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish the Public Employees' Retirement 401(k) Plan; to provide a statement of legislative findings; to define certain terms; to provide that the State Personnel Board shall establish an account for certain public employees pursuant to Section 401(k) of the federal Internal Revenue Code; to provide for participation in such plan; to

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provide for the transfer of funds from the Teachers Retirement System of Georgia into such plan; and for other purposes.

Referred to the Committee on Retirement.

HB 405. By Representatives Jackson of the 148th, Bordeaux of the 151st, Stephens of the 150th, Tillman of the 173rd and James of the 140th:
A BILL to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to define a certain term; to provide that coastal marshlands shall include coastal hammocks for purposes of such Act; to provide certain requirements for permit applications for altering a marshland; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 406. By Representatives Jackson of the 148th, James of the 140th, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A BILL to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to define a certain term; to provide that coastal marshlands shall include coastal hammocks for purposes of such Act; to provide certain requirements for permit applications for altering a marshland involving landdisturbing activities on a coastal hammock; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 407. By Representatives Buckner of the 95th, Randall of the 127th, Sims of the 167th, Manning of the 32nd and Seay of the 93rd:
A BILL to amend Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against property, so as to redefine the offense of criminal trespass; to provide that certain persons convicted of certain sexual offenses shall be guilty of criminal trespass upon knowing and unauthorized entry into a school safety zone; to amend Title 42 of the

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397

Official Code of Georgia Annotated, relating to penal institutions, so as to provide that such entry by a person on parole after conviction of certain sexual offenses shall constitute a violation of parole and to provide for notice to such offenders before release on parole; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 408. By Representatives Irvin of the 45th, Day of the 153rd, Stephens of the 150th, Snelling of the 99th, Jennings of the 63rd and others:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to change the base year assessed value homestead exemption from state ad valorem taxes for certain senior citizens whose household income does not exceed $30,000.00, by providing that such exemption shall be granted to all qualified residents; and for other purposes.

Referred to the Committee on Ways & Means.

HB 409. By Representatives Teper of the 61st, Smyre of the 136th, Buck of the 135th, Walker of the 141st, Ehrhart of the 36th and others:
A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change the legislative purpose to include encouraging the redevelopment of economically and socially depressed nonurban areas within counties and municipalities; to change certain definitions; to expand the meaning of redevelopment; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.

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Referred to the Committee on Special Judiciary.
HB 411. By Representative Stokes of the 92nd:
A BILL to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to change certain provisions relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, to provide for probation for persons convicted of ordinance violations in county and municipal courts; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 412. By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st, Hudson of the 156th, Holland of the 157th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.
Referred to the Committee on Transportation.
HR 212. By Representatives Joyce of the 1st and Franklin of the 39th:
A RESOLUTION urging the United States Congress to amend the federal Voting Rights Act of 1965 to repeal the preclearance requirement of 42 U.S.C. 1973c; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 213. By Representatives Mueller of the 152nd, Day of the 153rd, Pelote of the 149th and Stephens of the 150th:

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399

A RESOLUTION creating the House Home Construction and Repair Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 215. By Representatives McBee of the 88th, Smith of the 91st, Heard of the 89th, Squires of the 78th, Massey of the 86th and others:
A RESOLUTION creating the Joint Study Committee on Limited Access for State Route 316/University Parkway; and for other purposes.

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 18 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374

HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 HB 385 HR 209 HR 210 HR 211 SB 38 SB 48 SB 83 SR 35

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Pursuant to Rule 52, Representative Snelling of the 99th moved that the following Bill of the House be engrossed:

HB 18.

By Representatives Snelling of the 99th, Westmoreland of the 104th, Jennings of the 63rd, Graves of the 125th, Kaye of the 37th 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 equalize tax treatment of married and single persons in certain matters; and for other 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 34 Do Pass HR 178 Do Pass HR 179 Do Pass

HR 186 Do Pass HR 204 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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401

HB 126 Do Pass, by Substitute HB 353 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 5, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

HB 33 HB 65
HB 75 HB 87 HB 120 HB 136 HB 158

Natural Resources; qualifications of certain members Public records; certain disclosure; exempt teachers and public school employees Revenue bonds; reports; Department of Community Affairs Local governments; contracts with private non-profit organizations Child welfare agencies and child care facilities; inspection results Regional educational service agencies; sales to private schools Hospital authorities; open records and meetings; exemption

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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HB 353. By Representative Purcell of the 147th:
A BILL to amend an Act creating the State Court of Effingham County, so as to provide that the judge and solicitor of such court shall devote their full time to the duties of their offices; and for other purposes.

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

HB 126. By Representative Heckstall of the 55th:
A BILL to authorize the City of East Point to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To authorize the City of East Point to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; 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. The City of East Point shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of East Point to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of East Point to exercise redevelopment powers as fully as the "Redevelopment Powers

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403

Law" may now or hereafter permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of East Point shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of East Point for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes East Point to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of East Point. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 152, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

The following Resolution of the House was read:

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405

HR 216. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th and Smyre of the 136th

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 Monday, February 5, 2001, and shall reconvene on Wednesday, February 7, 2001, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Wednesday may be as ordered by the Senate; and the hour for convening the House on such Wednesday may be as ordered by the House.
BE IT FURTHER RESOLVED that for the remainder of the 2001 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene

Y Hudson, S Y Hugley Y Irvin
Jackson, B Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman

406
Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 34.

By Representatives Purcell of the 147th, Murphy of the 18th and Walker of the 141st:
A RESOLUTION inviting Trey Cocus, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

HR 178. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A RESOLUTION commending U. S. Olympian Robin Byrd Goad and inviting her to appear before the House of Representatives; and for other purposes.

HR 179. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:

MONDAY, FEBRUARY 5, 2001

407

A RESOLUTION commending U. S. Olympian Julie Burns Black and inviting her to appear before the House of Representatives; and for other purposes.

HR 186. By Representatives Maddox of the 72nd, Turnquest of the 73rd, Ragas of the 64th, Watson of the 70th and Mobley of the 69th:
A RESOLUTION commending the Cedar Grove High School Marching Band and inviting the band to appear before the House of Representatives; and for other purposes.

HR 204. By Representatives Campbell of the 42nd, Irvin of the 45th, Wilkinson of the 43rd, Ashe of the 46th, Heckstall of the 55th and others:
A RESOLUTION commending the Honorable Stephen D. Dolinger and inviting him to appear before the House of Representatives; and for other purposes.

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 33.

By Representatives Coleman of the 142nd, Hanner of the 159th, Ray of the 128th, Walker of the 141st and James of the 140th:
A BILL to amend Code Section 12-2-21 of the Official Code of Georgia Annotated, relating to the composition of the Board of Natural Resources, so as to reconstitute such board to require two of the at-large members to have certain qualifications; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe
Bannister

Y Cox Y Crawford Y Cummings N Davis Y Day

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L

E Mueller N Orrock Y Parham Y Parrish Y Parsons

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

408
Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck
Buckner Y Bulloch N Bunn
Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner N Harbin N Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland N Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper E Tillman
Turnquest N Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 134, nays 30. The Bill, having received the requisite constitutional majority, was passed.

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.

Representative Willard of the 44th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 136. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Porter of the 143rd, Walker of the 141st and Cummings of the 27th:

MONDAY, FEBRUARY 5, 2001

409

A BILL to amend Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, so as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods and services to private schools located in this state; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

410

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 165, 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 be recorded as voting "aye" thereon.

HB 75.

By Representatives Stancil of the 16th, Walker of the 141st, Buck of the 135th, Royal of the 164th and Pinholster of the 15th:
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; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to require the reporting of certain information with respect to any bonds, notes, or other obligations of any political subdivision; to provide for compilation and reporting; to provide for enforcement; 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. Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by adding a new Code section immediately following Code Section 36-82-8, to be designated Code Section 36-82-9, to read as follows:
"36-82-9. (a) As used in this Code section, the term 'political subdivision' means any municipality, county, local government authority, board, or commission empowered to enter into debt. Such term shall not include any state agency or state authority.

MONDAY, FEBRUARY 5, 2001

411

(b) A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million, shall file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer; (2) Whether the issue is a new issue or a refinancing or refunding; (3) Total amount issued; (4) Term of issue; (5) Detailed description of purpose or purposes; (6) Name of underwriter; (7) Underwriting costs; (8) Name of bond counsel; (9) Interest rate; and (10) True or net interest costs. Such information shall be reported to the Department of Community Affairs in accordance with subsection (b) of Code Section 36-81-8. (c) Any political subdivision required to report under this Code section that fails to submit such report to the Department of Community Affairs shall be prohibited from entering into any future debt until such reporting requirements are met."
SECTION 2. Said chapter is further amended by striking Article 7, relating to regulation of bonds and obligations issued by development authorities, and inserting in its place the following:
"ARTICLE 7
36-82-160. (a) Any downtown development authority created pursuant to Chapter 42 of this title, any development authority created pursuant to Chapter 62 of this title, any resource recovery development authority created pursuant to Chapter 63 of this title, and any other authority created by or pursuant to a local law or local constitutional amendment for the purpose of developing or promoting trade, commerce, industry, or employment opportunities or for other similar purposes shall file with the Department of Community Affairs a statement with respect to all bonds, notes, and other obligations which such authority issues, and such statement shall contain with respect to each such issue of bonds, notes, or other obligations:
(1) The name and address of the authority; (2) The date of the issue and the face amount of the issue; (3) The name and address of the principal user or principal users, determined based upon reasonable expectations at the time of issuance, of any facilities provided with the proceeds of the issue; and (4) A general description of the type of project financed with proceeds of the issue.

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Such filing shall be deemed to be made upon mailing to the Department of Community Affairs in Atlanta, Georgia. Failure to make such filing shall not affect the validity of any bonds, notes, or other obligations. A statement shall be filed, with respect to all bonds, notes, and other obligations issued by an authority during each calendar quarter, not later than the fifteenth day of the second calendar month after the close of the calendar quarter. Such statement may, at the authoritys option, be filed separately with respect to each issue at the time of issuance or at any time thereafter through the fifteenth day of the second calendar month after the close of the calendar quarter during which such bonds, notes, or other obligations were issued. The Department of Community Affairs may, for cause shown, grant an extension of the time within which such filing is required. The requirements of this subsection shall apply to bonds, notes, and other obligations which are issued on or after July 1, 1984. (b) The Department of Community Affairs may prescribe or designate a form on which the information required by subsection (a) of this Code section shall be filed. Any form required by the federal government and requesting information similar to that required by subsection (a) of this Code section may be so designated by the Department of Community Affairs, notwithstanding any deviations in the type or amount of information requested by such federal form from the type or amount of information required by subsection (a) of this Code section. (c) Notwithstanding anything therein to the contrary, the requirements of subsection (a) of this Code section shall not apply to:
(1) Any hospital authority created pursuant to Article 4 of Chapter 7 of Title 31; (2) The Municipal Electric Authority of Georgia, created pursuant to Article 3 of Chapter 3 of Title 46; or (3) The Metropolitan Atlanta Rapid Transit Authority, created pursuant to Ga. L. 1965, p. 2243, as amended. The authorities listed above are specifically excluded in order to make clear that subsection (a) of this Code section does not apply to them, but such specific exclusion is not intended to imply that these authorities would otherwise be covered by subsection (a) of this Code section 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 amendment was read and adopted:

MONDAY, FEBRUARY 5, 2001

413

Representatives Stancil of the 16th and Royal of the 164th move to amend the Committee substitute to HB 75 as follows:
by striking lines 5 through 8 of page 2 and inserting in their place the following: "with Code Section 36-81-8.'"

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

414

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 120. By Representatives Jamieson of the 22nd, Ashe of the 46th, Sinkfield of the 57th and McClinton of the 68th:
A BILL to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to require the display of certain inspection results; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to require the display of certain inspection results; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, is amended by striking subsection (g) and inserting in its place a new subsection (g) to read as follows:
"(g) All licensed or commissioned child welfare agencies shall prominently display the license or commission issued to such agency by the department at some point near the entrance of the premises of such agency that is open to view by the public. In addition, all child care institutions, family day_care homes, group day_care homes, or day_care centers shall post at that same location the results of any inspection of such institution, home, or center which has been conducted by the Department of Human Resources or the Office of School Readiness."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 5, 2001

415

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

416

JOURNAL OF THE HOUSE

HB 65.

By Representatives Murphy of the 18th, Walker of the 141st, Jamieson of the 22nd and Skipper of the 137th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to include employees of a public school system; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records shall not be required under Article 4 of Chapter 18 of Title 50, so as to provide that disclosure is not required for records containing certain personal information about public school teachers and employees and certain social services employees; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by striking paragraph (13) of subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(13) Records that would reveal the home address or, the home telephone number, the social security number, or the identification of immediate family members or dependents of or insurance or medical information of about law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors, case managers and supervisors employed by the Department of Human Resources or county departments of family and children services, or teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education or identification of immediate family members or dependents thereof."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, FEBRUARY 5, 2001

417

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

The following substitute, offered by Representatives Martin of the 47th, Murphy of the 18th, Walker of the 141st, Porter of the 143rd, and Hammontree of the 4th was read and adopted:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records shall not be required under Article 4 of Chapter 18 of Title 50, so as to provide that disclosure is not required for records containing certain personal information about public school teachers and employees; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by adding a new paragraph immediately following paragraph (13) of subsection (a), to be designated paragraph (13.1), to read as follows:
"(13.1) Records that reveal the home address, the home telephone number, or the social security number of or insurance or medical information about teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education."
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.

418

JOURNAL OF THE HOUSE

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Stanley of the 50th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 5, 2001

419

HB 87.

By Representative Irvin of the 45th:
A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional authority with respect to entering into certain contracts of one year or less; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional authority with respect to entering into certain contracts of one year or less; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by striking Code Section 36-60-14, relating to authority to enter into certain contracts of one year or less, and inserting in its place a new Code Section 36-60-14 to read as follows:
"36-60-14. The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code to utilize such organizations to identify, attract, and locate new business and industry into the county or municipality for the purposes of increasing trade, industry, agribusiness, commerce, and tourism and the improvement of employment opportunities within the county or municipality and to otherwise promote the general welfare of the county or municipality."
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.

420

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

MONDAY, FEBRUARY 5, 2001

421

HB 158. By Representatives Connell of the 115th and Buck of the 135th:
A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to extend to certain nonprofit corporations operating certain medical facilities an exemption from open records and open meetings requirements; and for other purposes.

The following amendment was read and adopted:

Representative Stallings of the 100th moves to amend HB 158 as follows: Line 18, add after public: ", provided no tax or state funds are involved in any way."

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong N Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd

Y Cox Y Crawford N Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Golick Y Graves E Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley N Irvin Y Jackson, B N Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane N Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

E Mueller Orrock Parham
Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas N Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor

N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman N Walker, L

422
N Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland N Holmes N Houston Y Howard Y Hudgens Y Hudson, N

Y Martin N Massey N McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid
Scott Y Seay N Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 138, nays 25.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 216. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th and Smyre of the 136th:
A RESOLUTION relative to adjournment; and for other purposes.

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 174 Do Pass, by Substitute HB 303 Do Pass

MONDAY, FEBRUARY 5, 2001

423

Respectfully submitted, /s/ Coleman of the 142nd
Chairman
Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 242 Do Pass, by Substitute
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 330 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

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JOURNAL OF THE HOUSE

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 292 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 115 Do Pass HR 126 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
Pursuant to HR 216, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, February 7, 2001.

WEDNESDAY, FEBRUARY 7, 2001

425

Representative Hall, Atlanta, Georgia Wednesday, February 7, 2001
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. David L. Drake, Pastor, Central Baptist Church, Waycross, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

426

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 413. By Representatives Sims of the 167th, Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that no private corporation shall build or operate a detention facility without authorization; to provide that no private corporation shall house out-of-state inmates in a detention facility in this state; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 414. By Representatives Smith of the 12th and Reece of the 11th:
A BILL to provide that the judge of the Juvenile Court of Floyd County shall be appointed in the manner specified by general law; to provide for the continuation in office and expiration of term of the current judge; to provide for vacancies; to provide for the specific repeal of an Act providing for the election of the judge of the Juvenile Court of Floyd County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 415. By Representative Bulloch of the 180th:
A BILL to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to recognize the Southeastern Cherokee Council, Inc.; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .

WEDNESDAY, FEBRUARY 7, 2001

427

HB 416. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the superior court; and for other purposes.

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

HB 417. By Representatives Smith of the 175th, McBee of the 88th, Turnquest of the 73rd, Dukes of the 161st, 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 Higher Education Savings Plan; and for other purposes.

Referred to the Committee on Higher Education.

HB 418. By Representatives Barnes of the 97th, Dodson of the 94th, Stancil of the 16th, Wix of the 33rd, Rogers of the 20th and others:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and ad valorem tax appeals, so as to specifically authorize designated agents to act on behalf of taxpayers during an appeal; and for other purposes.

Referred to the Committee on Ways & Means.

HB 419. By Representatives Skipper of the 137th, Walker of the 141st and Royal of the 164th:
A BILL to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change provisions relating to the compensation of the chief and other magistrates of the magistrate courts; to amend Title 1 of the Official Code of Georgia Annotated, relating to the construction of statutes, so as to change a provision relating to the effective date of the census; and for other purposes.

428

JOURNAL OF THE HOUSE

Referred to the Committee on Appropriations.
HB 420. By Representatives Stuckey of the 67th, Porter of the 143rd, Amerson of the 7th and Millar of the 59th: A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the required buffer for streams and trout streams; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 421. By Representative Hammontree of the 4th: A BILL to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to mandatory suspension of drivers' licenses; to provide for suspensions with respect to habitual violators; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 422. By Representative Hammontree of the 4th: 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 to obstruct or hinder a person from making an emergency telephone call; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 423. By Representatives Heckstall of the 55th, Randall of the 127th, Heard of the 89th, Holmes of the 53rd and McKinney of the 51st:

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429

A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to require certain persons convicted of driving under the influence to display a sign bearing a scarlet letter "D" against the rear windshields of motor vehicles operated by such persons; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 424. By Representatives Jennings of the 63rd, Snelling of the 99th, Burkhalter of the 41st, Day of the 153rd, Graves of the 125th 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 certain sales of natural gas used for residential purposes; and for other purposes.

2/5/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 424. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

Referred to the Committee on Ways & Means.

HB 425. By Representatives Richardson of the 26th, Lewis of the 14th, Westmoreland of the 104th, Ehrhart of the 36th, Mills of the 21st 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 natural and liquefied petroleum gas; and for other purposes.

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2/7/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 425. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Richardson District 26

Referred to the Committee on Ways & Means.

HB 426. By Representative Scheid of the 17th:
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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 427. By Representative Scheid of the 17th:
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 "Parent College Education Savings Plan"; and for other purposes.

Referred to the Committee on Higher Education.

HB 428. By Representatives Heckstall of the 55th, Randall of the 127th, Heard of the 89th, Holmes of the 53rd and McKinney of the 51st:
A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that entering the land of another for purposes of reading an

WEDNESDAY, FEBRUARY 7, 2001

431

electric, natural gas, or water meter and failing to leave notice of such meter reading shall be a misdemeanor; and for other purposes.

Referred to the Committee on Industry.

HB 429. By Representatives Heckstall of the 55th and McKinney of the 51st:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to exempt passenger motor vehicles from ad valorem taxation; to change certain provisions relating to definitions; to change certain provisions relating to returns for taxation and application for and issuance of license plates upon payment of taxes due; and for other purposes.

Referred to the Committee on Ways & Means.

HB 430. By Representatives Hammontree of the 4th and Stokes of the 92nd:
A BILL to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to provide that any person who is convicted of or pleads guilty or nolo contendere to a fourth or subsequent violation of this code section within a five-year period of time shall be guilty of a felony; and for other purposes.

2/7/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 430. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Hammontree District 4

Referred to the Committee on Motor Vehicles.

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HB 431. By Representative Bordeaux of the 151st:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to revise and change certain provisions regarding appeals to superior court; and for other purposes.
Referred to the Committee on Ways & Means.
HB 432. By Representatives Birdsong of the 123rd, Parham of the 122nd, Porter of the 143rd, Roberts of the 162nd, Jamieson of the 22nd and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates for certain persons and vehicles, so as to change the provisions relating to additional annual registration fee applicable to prestige license plates; to provide that such additional annual registration fee shall not be applicable to special license plates issued to certain military personnel and certain veterans or retired military personnel; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 433. By Representatives Hammontree of the 4th, Amerson of the 7th, Poag of the 6th and Twiggs of the 8th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for registration, titling, and operation of certain off-road vehicles; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to operating restrictions for off-road vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 7, 2001

433

HB 434. By Representatives Harbin of the 113th, Lord of the 121st, Golick of the 30th and Shaw of the 176th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice Negotiated Health Insurance Plan Act"; and for other purposes.

Referred to the Committee on Insurance.

HB 435. By Representative Bordeaux of the 151st:
A BILL to amend Code Section 9-11-35 of the Official Code of Georgia Annotated, relating to the physical and mental examination of persons, so as to provide that mental examinations may be conducted by either a physician or a psychologist; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 436. By Representatives Walker of the 141st, Murphy of the 18th, Skipper of the 137th and Smyre of the 136th:
A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers and employees, so as to abolish the State Commission on Compensation; and for other purposes.

Referred to the Committee on Rules.

HB 437. By Representatives Willard of the 44th, Millar of the 59th, Hammontree of the 4th and Golick of the 30th:
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 certain sales of propane and natural gas used for residential purposes; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 438. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th and Snow of the 2nd:
A BILL to amend Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates and presidential electors, so as to change the time of qualifying for independent and political body candidates from the week beginning on the fourth Monday in June to the week beginning on the fourth Monday in April; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 217. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th, Pelote of the 149th and others:
A RESOLUTION urging the chancellor and Board of Regents of the University System of Georgia to reverse the decision of the P-16 Council which eliminates agricultural courses and other courses on the 9-12 list of state funded courses approved by the State Board of Education; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HR 218. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th and Teper of the 61st:
A RESOLUTION declaring February 22, 2001, 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 community; and for other purposes.
Referred to the Committee on Human Relations & Aging.

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435

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

HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400

HB 401 HB 402 HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 HB 412 HR 212 HR 213 HR 215

Pursuant to Rule 52, Representative Snelling of the 99th moved that the following Bill of the House be engrossed:

HB 402. By Representatives Snelling of the 99th, Campbell of the 42nd, Jennings of the 63rd and Westmoreland of the 104th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal the estate tax; and for other purposes.

The motion prevailed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:

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Your Committee on Game, Fish and 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 301 Do Pass HB 370 Do Pass, by Substitute SB 38 Do Pass

SB 48 Do Pass SB 83 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 146th
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 352 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Snow of the 2nd 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 32 Do Pass, by Substitute HB 276 Do Pass

WEDNESDAY, FEBRUARY 7, 2001

437

Respectfully submitted, /s/ Snow of the 2nd
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 124 Do Pass HR 177 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 378 Do Pass HB 379 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 WEDNESDAY, FEBRUARY 7, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

HB 129 HB 156 HB 174 HB 206 HB 235
HR 17

State Forestry Commission; reconstitute; add members Patient Right to Know Act of 2001; enact Supplemental Appropriations; FY 2000-2001 Local water authorities; voluntary contribution program Georgia Agrirama Development Authority; transfer to Department of Natural Resources Flint River Drought Protection Act; ratify rules

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 378. By Representative Channell of the 111th:
A BILL to amend an Act providing a new charter for the City of Union Point, so as to change a provision relating to filling a vacancy in the office of mayor or councilmember; and for other purposes.

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

WEDNESDAY, FEBRUARY 7, 2001

439

HB 379. By Representative Channell of the 111th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Putnam County; and for other purposes.

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 Allen Y Amerson
Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye
Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall E 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
Porter Powell Y Purcell Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Y Skipper Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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On the passage of the Bills, the ayes were 152, 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 51. By Senators Thomas of the 10th, Hill of the 4th and Thomas of the 54th:
A bill to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to add provisions regulating the use of automated external defibrillators by lay rescuers; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide for immunity from liability for persons engaged in activities relating to the use of automated external defibrillators; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 89. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Powder Springs 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 90. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Smyrna 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; to provide for

WEDNESDAY, FEBRUARY 7, 2001

441

definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 91. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Austell 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 92. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Marietta 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 106. By Representative Martin of the 47th:
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; and for other purposes.
HB 108. By Representative Martin of the 47th:
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; and for other purposes.
HB 280. By Representatives Tillman of the 173rd and Keen of the 174th:
A BILL to amend an Act creating the State Court of Glynn County, so as to

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change the compensation of the solicitor and the clerk of said court; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority, the following bill of the House:
HB 231. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; and for other purposes.

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

SB 51.

By Senators Thomas of the 10th, Hill of the 4th and Thomas of the 54th:
A bill to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to add provisions regulating the use of automated external defibrillators by lay rescuers; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide for immunity from liability for persons engaged in activities relating to the use of automated external defibrillators; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 89.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Powder Springs 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 7, 2001

443

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

SB 90.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Smyrna 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 91.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Austell 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 92.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Marietta 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 124. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A RESOLUTION commending the Coastal Empire Council of the Boy Scouts of America and inviting them to appear before the House of Representatives; and for other purposes.
HR 177. By Representative Amerson of the 7th:
A RESOLUTION commending and congratulating Mary Eager and inviting her to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 219. By Representatives Ray of the 128th, Walker of the 141st, Bohannon of the 139th and Floyd of the 138th:
A RESOLUTION commending Major General Dennis G. Haines, Commander, Warner Robins Air Logistics Center, Robins Air Force Base, and inviting him to appear before the House of Representatives; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Committee on Ways & Means:
HR 140. By Representatives Buck of the 135th, Royal of the 164th, Channell of the 111th, Sims of the 167th, Stanley of the 50th and others:

WEDNESDAY, FEBRUARY 7, 2001

445

A RESOLUTION proposing an amendment to the Constitution so as to provide for additional types of family owned farm entities which can qualify to receive the preferential assessment for property which is devoted to bona fide agricultural purposes; and for other purposes.
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 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.
The following Committee substitute was read:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", approved May 1, 2000 (Ga. L. 2000, p. 1732), so as to change certain appropriations for the State Fiscal Year 2000-2001; 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 2000-2001, as amended, known as the "General Appropriations Act" approved May 1, 2000 (Ga. L. 2000, p. 1732), is further amended by striking everything following the enacting clause through Section 64, 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, 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,

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including unappropriated surplus, reserves and a revenue estimate of $12,516,275,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2001.
PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds 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

$ 33,849,106

$ 17,657,651

$ 4,753,604

$ 2,668,752

$

121,000

$

7,000

$

0

$

0

$ 1,008,500

$

812,000

$

5,000

$

692,500

$

164,115

$ 4,206,984

$

100,000

$ 1,652,000

$ 33,849,106

$ 33,849,106

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 5,560,400 $ 5,560,400 $ 1,046,607 $ 1,046,607 $ 1,302,036 $ 1,302,036 $ 7,909,043 $ 7,909,043

House Functional Budgets House of Representatives and Research Office

Total Funds State Funds $ 12,713,690 $ 12,713,690

WEDNESDAY, FEBRUARY 7, 2001

447

Speaker of the House's Office Clerk of the House's Office Total

$

480,753 $

480,753

$ 1,703,289 $ 1,703,289

$ 14,897,732 $ 14,897,732

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,436,860 $ 3,436,860

$ 2,395,445 $ 2,395,445

$ 1,117,779 $ 1,117,779

$ 3,673,570 $ 3,673,570

$

418,677 $

418,677

$ 11,042,331 $ 11,042,331

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

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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. State Funds 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

$ 28,588,201

$ 24,070,848

$

768,200

$

536,000

$

49,000

$

20,000

$ 1,102,153

$

232,000

$ 1,494,000

$

316,000

$ 28,588,201

$ 28,588,201

PART II JUDICIAL BRANCH
Section 3. Judicial Branch. State Funds 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

$ 124,103,997

$ 16,299,110

$ 104,442,284

$ 3,186,950

$ 1,837,763

$

34,284

$

700,000

$

600,000

$ 127,100,391

$ 124,103,997

Judicial Branch Functional Budgets

WEDNESDAY, FEBRUARY 7, 2001

449

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 State Funds

$ 7,897,514 $ 7,069,074

$ 10,939,148 $ 10,843,148

$ 47,214,471 $ 47,214,471

$ 39,065,780 $ 37,240,049

$ 1,383,075 $ 1,383,075

$ 1,208,126 $ 1,161,187

$ 10,090,955 $ 9,907,832

$

246,262 $

246,262

$ 5,909,388 $ 5,893,227

$ 2,802,982 $ 2,802,982

$

342,690 $

342,690

$ 127,100,391 $ 124,103,997

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative
Services State Funds 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

$ 52,924,155

$ 66,957,697

$ 14,693,157

$

608,171

$

744,834

$ 5,610,945

$ 2,463,886

$ 4,423,116

$

422,407

$ 47,100,118

$ 26,525,204

$

0

$

0

$

0

$ 1,213,793

$ 84,209,325

$

683,484

$ 26,939,840

$

496,375

450

JOURNAL OF THE HOUSE

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 Technology Authority Payments for Hazardous Materials Removal
Total Funds Budgeted
State Funds Budgeted

$

35,000

$

48,500

$

75,000

$ 500,000

$

0

$ 7,783,527

$ 100,000

$ 291,634,379

$ 52,924,155

Departmental Functional Budgets
Administration Support Services Statewide Business Services Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Customer Service Total

Total Funds State Funds

$ 6,946,356 $ 2,333,500

$ 29,130,012 $ 800,000

$ 3,654,108 $ 3,624,738

$ 224,960,349 $ 30,984,162

$ 3,951,132 $ 496,375

$

736,486 $ 736,486

$ 1,714,927 $

279,230

$ 4,686,156 $ 4,382,232

$ 10,633,703 $ 9,287,432

$ 5,221,150 $

0

$ 291,634,379 $ 52,924,155

B. Budget Unit: Georgia Building Authority State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities

$

0

$ 19,913,392

$ 15,468,544

$

13,000

$ 200,000

$

90,000

$ 322,000

$

15,071

$ 261,916

$ 767,389

$

0

$

0

WEDNESDAY, FEBRUARY 7, 2001

451

Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted
State Funds Budgeted

$

0

$

0

$ 37,051,312

$

0

Departmental Functional Budgets
Administration Facilities Program Operations Security Sales Van Pool Total

Total Funds State Funds

$ 13,183,366 $

0

$

0$

0

$ 12,422,856 $

0

$ 6,487,113 $

0

$ 4,558,445 $

0

$

399,532 $

0

$ 37,051,312 $

0

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations

$ 42,831,906

$ 34,471,818

$ 4,338,335

$ 1,028,145

$

690,948

$ 462,673

$

667,341

$

814,475

$ 406,380

$ 1,634,741

$ 1,143,240

$ 3,487,158

$ 3,122,613

$ 265,000

$

30,000

$

425,000

$ 900,898

452

JOURNAL OF THE HOUSE

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

$

0

$ 650,000

$ 100,000

$

40,000

$

0

$ 54,678,765

$ 42,831,906

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

Total Funds State Funds

$ 9,065,216 $ 8,284,216

$ 16,865,644 $ 13,733,509

$ 7,412,575 $ 3,737,575

$ 8,257,472 $ 8,070,472

$ 3,659,546 $ 3,529,846

$ 8,720,508 $ 5,476,288

$

697,804 $

0

$ 54,678,765 $ 42,831,906

B. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted

$

0

$ 1,153,218

$ 213,180

$

3,000

$

0

$

5,000

$

9,500

$

0

$

7,500

$

96,500

$ 125,000

$ 120,000

$ 1,732,898

$

0

Section 6. Department of Banking and Finance.

WEDNESDAY, FEBRUARY 7, 2001
State Funds 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. State Funds 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

453

$ 11,171,827

$ 9,203,028

$

471,206

$

475,103

$

112,380

$

34,422

$

309,790

$

458,071

$

94,392

$

13,435

$ 11,171,827

$ 11,171,827

$ 115,718,047

$ 20,426,876

$ 2,505,576

$ 504,723

$

0

$ 384,085

$ 1,451,218

$ 1,410,060

$ 693,735

$ 517,228

$

0

$ 2,204,851

$ 75,514,060

$ 146,000

$ 30,000,000

$ 5,315,000

$ 5,000,000

$ 3,165,581

$

0

$ 617,500

$ 3,281,250

$ 915,888

454

JOURNAL OF THE HOUSE

Regional Economic Business Assistance Grants EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation
Total Funds Budgeted
State Funds Budgeted

$ 2,847,147

$ 189,073

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 7,964,097

$ 1,500,000

$ 218,932,073

$ 115,718,047

Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total

Total Funds State Funds $ 85,030,199 $ 84,862,248 $ 4,641,237 $ 4,413,281 $ 36,780,513 $ 5,204,475 $ 9,638,290 $ 4,665,581 $ 8,404,398 $ 6,772,856 $ 2,242,670 $ 766,002 $ 1,874,857 $ 931,779 $ 66,036,276 $ 3,818,192 $ 4,283,633 $ 4,283,633 $ 218,932,073 $ 115,718,047

Section 8. Department of Community Health. A. Budget Unit: Medicaid Services State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$ 1,378,653,215

$ 18,463,913

$ 31,314,590

$ 7,239,208

$

407,279

$

14,500

$

77,292

$ 50,513,800

$ 1,368,942

$

808,391

$ 376,727,342

WEDNESDAY, FEBRUARY 7, 2001

455

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 Medical Student Capitation 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

$ 3,646,731,144

$ 1,097,500

$

64,732

$

183,244

$

764,826

$ 1,009,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

175,000

$ 3,889,600

$ 19,308,766

$ 7,894,890

$

488,700

$

474,240

$

120,000

$ 5,166,192,789

$ 18,463,913 $ 1,378,653,215

Departmental Functional Budgets
Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid Systems Management - Medicaid Office of General Counsel Office of Communications Office of Human Resources General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician Workforce Board of Medical Examiners

Total Funds State Funds

$

1,346,821 $

821,951

$ 3,646,731,144 $ 1,279,592,953

$ 38,639,112 $ 15,016,135

$ 58,256,312 $ 12,479,004

$

1,232,556 $

699,139

$

473,646 $

236,823

$

429,236 $

263,914

$ 53,121,954 $ 2,824,458

$

498,406 $

371,210

$

491,496 $

454,634

$ 1,314,032,148 $ 34,000,000

$ 2,010,769 $ 1,822,015

$ 39,189,015 $ 39,189,015

$ 1,841,346 $ 1,841,346

456

JOURNAL OF THE HOUSE

Medical Education Board Primary and Rural Health Total

$ 1,461,177 $ 1,461,177 $ 6,437,651 $ 6,043,354 $ 5,166,192,789 $ 1,397,117,128

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem, Fees and Contracts Benefits
Total Funds Budgeted
State Funds Budgeted

$ 148,828,880 $ 8,200,000 $ 360,067,504 $ 368,267,504
$ 148,828,880

C. Budget Unit: PeachCare for Kids State Funds Tobacco Funds 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

$ 28,544,840

$ 2,756,037

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$ 5,325,376

$ 105,599,468

$ 111,721,664

$ 2,756,037 $ 28,544,840

Section 9. Department of Corrections. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 882,706,600 $ 567,562,576 $ 65,759,791 $ 2,642,109 $ 1,316,670 $ 3,625,775 $ 5,933,316 $ 6,909,819

WEDNESDAY, FEBRUARY 7, 2001

457

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 University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 7,838,571

$ 66,159,707

$

248,000

$ 23,954,905

$ 1,300,000

$ 31,587,595

$ 5,550,695

$

0

$ 1,093,624

$ 4,568,025

$ 1,627,150

$ 577,160

$ 1,527,120

$ 103,961,852

$

438,944

$

856,000

$ 905,039,404

$

450,000

$ 882,706,600

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Total

Total Funds State Funds $ 30,746,214 $ 29,939,214 $ 26,700,008 $ 26,700,008 $ 129,505,387 $ 121,041,178 $ 67,675,854 $ 67,195,854 $ 650,411,941 $ 637,830,346 $ 905,039,404 $ 882,706,600

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 8,245,850

$ 14,564,948

$ 16,204,308

$

91,951

$

0

$

46,615

$

137,163

458

JOURNAL OF THE HOUSE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

44,010

$ 1,021,511

$ 933,830

$

0

$ 33,044,336

$ 8,245,850

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds

State Funds

$ 2,401,954 $ 2,101,288

$ 6,181,344 $ 731,144

$ 24,461,038 $ 5,413,418

$ 33,044,336 $ 8,245,850

Section 11. State Board of Education A. Budget Unit: Department of Education State Funds Tobacco Funds 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 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories

$ 5,610,457,474 $ 30,000,000

$ 41,855,662

$ 8,238,824

$ 1,620,426

$

207,000

$

412,972

$ 1,643,484

$ 77,412,989

$ 17,230,761

$ 2,455,803

$

800,452

$

161,600

$ 1,552,419,232 $ 1,298,553,037 $ 675,565,846 $ 38,351,788 $ 61,298,842 $ 173,931,719

WEDNESDAY, FEBRUARY 7, 2001
Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants 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 Drug Free School (Federal) School Lunch (State)

459

$ 610,533,308

$ 117,053,487

$ 66,770,363

$ 38,583,203

$ 145,302,703

$ 826,922,327

$ 164,594,503

$ (931,728,915)

$ 113,258,381

$

0

$ 222,603,372

$ 3,158,000

$

620,134

$

500,000

$ 4,340,000

$ 49,509,799

$ 27,650,639

$

293,520

$ 236,086,129

$ 4,025,312

$ 133,835,313

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 12,492,000

$ 15,509,931

$ 20,872,540

$ 1,250,000

$

151,000

$ 2,309,000

$ 1,042,976

$ 11,625,943

$ 36,293,488

460

JOURNAL OF THE HOUSE

Mentoring Program - Middle School Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Troops To Teachers Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Grants For School Nurses
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$

500,000

$ 7,236,638

$ 3,261,446

$ 57,092,685

$ 25,793,090

$ 107,826,070

$ 4,539,410

$ 1,690,215

$ 7,466,425

$

274,395

$ 11,474,763

$ 61,982,014

$ 3,827,248

$ 3,884,639

$ 2,077,344

$ 1,087,500

$

111,930

$ 6,018,289

$

350,000

$

763,580

$

0

$ 5,967,000

$ 30,000,000

$ 6,428,613,292

$

0

$ 30,000,000

$ 5,610,457,474

Departmental Functional Budgets

Total Funds State Funds

State Administration

$ 12,870,123 $ 10,188,516

Student Learning and Assessment

$ 65,006,907 $ 49,683,645

Governor's Honors Program

$ 1,368,652 $ 1,291,063

Quality and School Support

$ 16,502,344 $ 11,028,877

Federal Programs

$ 9,887,037 $

544,407

Technology

$ 28,104,960 $ 19,180,574

Local Programs

$ 6,276,973,319 $ 5,532,078,394

WEDNESDAY, FEBRUARY 7, 2001

461

Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

$ 6,087,661 $ 5,545,787 $ 5,388,266 $ 5,004,609 $ 6,424,023 $ 5,911,602 $ 6,428,613,292 $ 5,640,457,474

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 Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$ 157,306,836

$ 29,485,875

$

0

$ 4,500,000

$

0

$

0

$ 1,710,000

$

0

$

0

$

0

$ 121,610,961

$

0

$

0

$ 157,306,836

$ 157,306,836

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

$ 1,269,256

$ 222,194,380

$ 2,235,591

$ 5,215,957

$ 3,642,166

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$ 1,186,947

$

225,693

$

31,724

$

0

$

0

$ 129,817,711

462

JOURNAL OF THE HOUSE

Standards of Care

Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted

Section 12. Employees' Retirement System. State Funds 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. State Funds 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

$

134,500

$ 365,188,939

$ 229,645,928

$ 1,269,256

$ 2,992,000

$ 2,872,542

$ 488,800

$

29,000

$

0

$

12,450

$ 1,269,708

$ 345,740

$

82,002

$ 2,807,000

$ 2,992,000

$ 10,899,242

$ 2,992,000

$ 37,628,116

$ 30,824,082

$ 6,007,411

$ 179,793

$ 1,296,822

$ 2,091,933

$ 358,525

$

7,736

$ 1,091,041

$ 1,047,903

$

60,000

$

28,500

$

0

$

0

$ 42,993,746

WEDNESDAY, FEBRUARY 7, 2001

463

State Funds Budgeted

$ 37,628,116

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds

State Funds

$ 2,167,586 $

0

$ 36,886,568 $ 33,856,679

$ 3,939,592 $ 3,771,437

$ 42,993,746 $ 37,628,116

Section 14. Georgia Bureau of Investigation. State Funds 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

$ 63,355,636

$ 46,411,326

$ 7,084,247

$

527,379

$

437,010

$ 1,650,395

$ 1,087,426

$

418,425

$ 1,059,319

$ 4,256,442

$

423,667

$

0

$ 63,355,636

$ 63,355,636

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Total

Total Funds

State Funds

$ 5,658,722 $ 5,658,722

$ 26,653,006 $ 26,653,006

$ 10,770,386 $ 10,770,386

$ 20,273,522 $ 20,273,522

$ 63,355,636 $ 63,355,636

Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses

$ 51,805,776 $ 21,317,128 $ 2,426,119

464

JOURNAL OF THE HOUSE

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
Total Funds Budgeted
State Funds Budgeted

$ 383,185

$

0

$ 171,241

$ 516,375

$ 1,409,116

$ 626,440

$ 8,406,558

$ 4,670,081

$

40,000

$ 12,116,172

$ 408,595

$ 4,147,581

$ 274,194

$ 275,000

$

0

$ 250,000

$ 1,697,750

$ 1,500,000

$ 684,400

$ 1,085,000

$

0

$

57,000

$

0

$

0

$ 62,461,935

$ 51,805,776

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 Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission

Total Funds

State Funds

$ 17,234,848 $ 17,184,848

$ 1,151,969 $

848,998

$ 11,141,462 $ 11,141,462

$ 5,533,176 $ 4,835,331

$ 4,916,242 $ 4,718,242

$

0$

0

$ 3,643,138 $ 395,162

$ 2,557,690 $ 635,690

$

530,358 $ 530,358

WEDNESDAY, FEBRUARY 7, 2001

465

Professional Standards Commission Georgia Emergency Management Agency Office of Child Advocate Office of Education Accountability Total

$ 5,658,618 $ 5,658,618

$ 7,019,434 $ 2,782,067

$

300,000 $

300,000

$ 2,775,000 $ 2,775,000

$ 62,461,935 $ 51,805,776

Section 16. Department of Human Resources. State Funds Tobacco Funds 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 Tobacco Funds Budgeted State Funds Budgeted

$ 1,284,057,553 $ 37,102,837

$ 80,222,927

$ 3,070,801

$ 2,212,440

$

0

$

167,457

$ 4,559,125

$ 15,185,233

$ 58,845,529

$ 16,157,417

$

0

$ 49,063,157

$ 74,577,470

$

163,451

$

823,383

$ 29,607,957

$ 1,925,000

$

0

$ 336,581,347

$ 3,982,840 $ 8,211,528 $ 190,496,940

Departmental Functional Budgets
Commissioner's Office Office of Planning and Budget Services Office of Adoptions

Total Funds

State Funds

$ 1,109,629 $ 1,109,629

$ 4,421,831 $ 4,421,831

$ 12,609,767 $ 6,618,946

466

JOURNAL OF THE HOUSE

Children's Community Based Initiative

$

Troubled Children's Placements

$

Human Resources and Organization Development $

Technology and Support

$

Computer Services

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Fraud and Abuse

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Total

$

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

10,506,906 $ 10,231,906

49,063,157 $ 35,585,726

1,389,990 $ 1,389,990

33,831,966 $ 33,489,567

75,441,963 $ 32,770,050

5,462,443 $ 4,162,410

714,862 $

704,862

3,428,310 $ 3,401,741

11,284,372 $ 5,474,974

6,847,859 $ 2,301,122

9,994,788 $ 5,615,155

2,931,715 $ 2,931,715

7,259,938 $ 7,259,938

12,915,452 $ 3,136,841

0 $ (16,637,451)

1,327,486 $ 1,327,486

84,443,581 $ 53,394,193

1,595,332 $

17,837

336,581,347 $ 198,708,468

$ 52,520,153

$ 77,894,814

$

942,113

$

0

$

195,367

$ 1,509,862

$ 14,461,098

$

0

$ 1,052,180

$

574,000

$ 23,102,591

$ 154,776,313

$

0

$

190,927

$ 5,222,222

$ 332,441,640

$

324,160

$ 23,135,201

WEDNESDAY, FEBRUARY 7, 2001

467

State Funds Budgeted

$ 166,325,151

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 Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Smoking Prevention and Cessation

Total Funds State Funds

$ 13,216,105 $ 13,089,170

$ 1,305,211 $ 1,091,380

$ 2,749,155 $ 2,423,980

$ 2,036,524 $

923,912

$ 6,557,164 $ 5,790,345

$ 5,423,901 $ 5,423,901

$ 3,189,205 $ 1,031,192

$ 13,998,499 $ 5,987,183

$ 84,557,361 $

0

$ 73,752,577 $ 72,828,928

$ 13,168,451 $ 6,338,939

$ 4,072,839 $ 2,629,491

$

428,060 $

326,832

$ 2,164,928 $ 1,673,286

$ 1,629,400 $

0

$ 5,782,846 $ 4,274,329

$ 1,925,492 $ 1,076,537

$

901,593 $

692,742

$ 2,841,919 $ 1,199,699

$ 1,567,494 $ 1,567,494

$

163,524 $

163,524

$ 7,462,500 $ 7,462,500

$ 2,517,143 $ 2,239,550

$ 2,056,339 $ 1,789,476

$

643,228 $

643,228

$ 2,033,322 $ 1,501,847

$ 7,331,823 $ 7,061,823

$

202,226 $

202,226

$ 16,544,508 $ 9,854,829

$ 10,713,458 $ 2,640,380

$ 12,531,753 $ 2,933,885

$

115,041 $

97,544

$ 12,858,217 $ 10,367,903

$ 15,312,890 $ 15,312,890

468

JOURNAL OF THE HOUSE

Injury Control Public Health - Division Indirect Cost Total

$

686,944 $

544,306

$

0 $ (1,724,899)

$ 332,441,640 $ 189,460,352

3. Budget Unit: Division Of Rehabilitation Services
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

$ 87,939,589

$ 12,168,243

$ 1,814,584

$

50,582

$ 2,133,277

$ 5,370,911

$ 11,495,853

$

302,541

$ 2,491,137

$ 41,304,191

$

945,245

$ 12,410,883

$

305,000

$

909,650

$

747,878

$ 180,389,564

$

100,000

$ 27,392,825

Departmental Functional Budgets
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

Total Funds State Funds

$ 69,950,705 $ 13,793,006

$

948,949 $

433,969

$

511,903 $

511,903

$ 10,778,695 $ 3,158,205

$ 2,034,196 $

608,421

$

934,540 $

934,540

$ 54,148,315 $

0

$ 12,248,139 $ 1,191,899

$ 28,834,122 $ 6,760,882

$ 180,389,564 $ 27,392,825

WEDNESDAY, FEBRUARY 7, 2001

469

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

$ 24,103,150

$ 3,851,014

$

993,807

$

0

$

542,213

$ 3,695,697

$ 30,733,524

$

0

$ 1,596,679

$ 4,633,038

$ 124,425,510

$ 7,087,433

$ 325,768,802

$ 37,526,463

$ 3,870,136

$ 377,748,829

$ 946,576,295

$

0

$ 3,341,218

$ 385,842,909

Departmental Functional Budgets
Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Economic Support Child Support Enforcement Temporary Assistance for Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits

Total Funds State Funds

$ 1,141,802 $ 1,141,802

$ 5,154,155 $ 4,642,114

$ 4,743,479 $ 2,757,650

$ 3,905,620 $ 3,905,620

$ 13,967,852 $ 1,791,369

$ 2,460,085 $ 2,460,085

$ 2,789,549 $ 1,783,758

$ 3,801,931 $ 3,801,931

$ 44,614,931 $ 5,488,958

$ 114,134,948 $ 48,247,444

$ 1,122,012 $ 1,122,012

$ 2,795,420 $

0

$ 7,223,130 $

0

470

JOURNAL OF THE HOUSE

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

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

124,602,963 $ 116,557,469 $
3,190,752 $ 9,102,536 $ 74,213,127 $ 27,151,950 $ 26,395,784 $

60,017,286 45,979,087
0 2,983,382 37,797,959 10,576,743 9,463,311

45,418,684 $ 15,861,742 4,290,503 $ 2,520,990 40,715,074 $ 27,064,980 21,740,976 $ 13,498,975 7,849,656 $ 4,891,413 36,881,820 $ 22,122,444 17,244,504 $ 10,431,388 174,820,622 $ 51,686,937 3,911,923 $ 3,871,923 4,633,038 $ 4,633,038
0 $ (11,360,214) 946,576,295 $ 389,184,127

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

$ 286,885,148

$ 56,534,028

$

200,000

$ 9,483,000

$ 1,991,161

$ 374,573,416

$ 729,666,753

$ 1,406,400 $ 2,414,890 $ 513,999,728

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital

Total Funds State Funds $ 32,772,718 $ 19,427,444 $ 17,026,758 $ 15,340,064

WEDNESDAY, FEBRUARY 7, 2001

471

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 Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total

$ 28,267,529 $ 19,016,662 $ 40,282,598 $ 31,253,058 $ 118,486,543 $ 72,118,413 $ 17,815,505 $ 16,896,517 $ 52,823,773 $ 23,764,739 $ 19,892,370 $ 17,814,928 $ 4,159,987 $ 3,220,417 $ 185,338,609 $ 178,127,285 $ 95,636,003 $ 60,284,524 $ 95,557,636 $ 44,208,468 $ 14,438,057 $ 9,111,659 $ 7,168,667 $ 5,830,440 $ 729,666,753 $ 516,414,618

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

$ 531,670,967

$ 96,984,872

$ 5,962,944

$

250,582

$ 3,038,314

$ 15,135,595

$ 71,875,708

$ 59,148,070

$ 21,297,413

$ 56,534,028

$ 374,573,416

$ 41,304,191

$ 4,633,038

$ 124,425,510

$ 8,606,678

$ 374,831,959

$ 147,617,407

$ 154,776,313

$ 2,459,612

$ 10,392,650

$ 5,632,324

$ 29,607,957

$ 379,673,829

472

JOURNAL OF THE HOUSE

Medical Benefits

Total Funds Budgeted

Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 5,222,222 $ 2,525,655,599
$ 5,813,400 $ 37,102,837 $ 1,284,057,553

Section 17. Department of Industry, Trade and Tourism.
State Funds Tobacco Funds 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 One Georgia Fund
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 30,792,419

$ 79,953,629

$ 12,598,152

$ 1,311,323

$

605,806

$

60,000

$

93,724

$

391,336

$

818,323

$

422,215

$ 2,561,387

$

250,600

$ 11,629,553

$

0

$

0

$

50,000

$

0

$

0

$ 79,953,629

$ 110,746,048

$ 79,953,629 $ 30,792,419

Departmental Functional Budgets
Administration Economic Development Trade Tourism

Total Funds

State Funds

$ 96,006,259 $ 96,006,259

$ 6,695,733 $ 6,695,733

$ 3,920,556 $ 3,920,556

$ 4,123,500 $ 4,123,500

WEDNESDAY, FEBRUARY 7, 2001

473

Georgia Legacy Strategic Planning and Research One Georgia Fund Total

$

0$

0

$

0$

0

$

0$

0

$ 110,746,048 $ 110,746,048

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$ 15,850,323

$ 14,635,404

$

725,179

$

435,414

$

185,100

$

42,327

$

313,272

$

796,248

$

405,207

$

96,658

$

0

$ 17,634,809

$ 15,850,323

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds

State Funds

$ 5,394,775 $ 5,394,775

$ 5,673,324 $ 5,673,324

$

567,024 $

567,024

$ 5,433,970 $ 3,649,484

$

565,716 $

565,716

$ 17,634,809 $ 15,850,323

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 272,187,058

$ 163,788,517

$ 15,896,904

$ 2,244,260

$

228,444

$ 1,054,874

$ 3,002,748

474

JOURNAL OF THE HOUSE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve
Total Funds Budgeted
State Funds Budgeted

$ 2,377,856

$ 2,143,205

$ 18,222,054

$ 3,490,764

$

697,800

$

0

$ 33,410,003

$ 32,173,210

$

0

$

0

$ 278,730,639

$ 272,187,058

Departmental Functional Budgets
Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

Total Funds State Funds

$ 64,863,090 $ 63,359,130

$ 84,432,932 $ 81,838,578

$ 27,030,680 $ 26,291,282

$ 27,870,457 $ 27,407,962

$

527,095 $

527,095

$ 1,203,970 $ 1,203,970

$ 44,316,737 $ 43,183,961

$ 2,703,120 $ 2,703,120

$

740,493 $

740,493

$ 4,056,561 $ 3,966,561

$ 17,835,067 $ 17,814,469

$ 3,150,437 $ 3,150,437

$ 278,730,639 $ 272,187,058

Section 20. Department of Labor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 15,589,013

$ 88,537,273

$ 7,393,946

$ 1,444,617

$

0

$ 1,323,445

$ 2,571,374

WEDNESDAY, FEBRUARY 7, 2001
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. State Funds 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.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted

475

$ 2,477,791

$ 2,040,140

$ 54,500,000

$ 4,416,299

$

0

$ 1,287,478

$

0

$ 165,992,363

$ 15,589,013

$ 15,398,545

$ 14,679,711

$

724,211

$

199,322

$

0

$

14,375

$

304,337

$

825,793

$

196,787

$ 19,500,000

$

147,000

$ 36,591,536

$ 15,398,545

$

0

$ 7,495,132

$

985,269

$

95,263

$

23,127

$

767,856

$ 1,220,574

$ 2,124,165

$

214,277

$ 12,925,663

476

JOURNAL OF THE HOUSE

Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources State Funds 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

$

0

$ 1,172,184

$ 11,240,106

$

513,373

$

0

$ 152,828,461

$ 84,141,657

$ 14,739,902

$

718,983

$ 1,590,997

$ 3,053,198

$ 2,691,333

$ 12,221,833

$

889,418

$ 1,381,799

$

0

$

675,000

$ 1,326,056

$

860,176

$ 3,161,663

$

243,750

$

982,330

$

350,000

$ 1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

341,000

$

0

$

0

$

0

WEDNESDAY, FEBRUARY 7, 2001

477

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 Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun 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

$

0

$

170,047

$

212,646

$

300,000

$

0

$

66,000

$ 14,245,022

$ 6,685,603

$ 1,179,200

$ 2,107,309

$

100,000

$

31,000

$

24,000

$

0

$ 30,000,000

$ 187,164,172

$

840,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 152,828,461

Departmental Functional Budgets
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

Total Funds

$ 35,990,605 $

$ 6,179,502 $

$ 3,103,089 $

$ 39,530,414 $

$ 2,551,631 $

$ 39,844,868 $

$ 59,127,006 $

$

837,057 $

$ 187,164,172 $

State Funds 35,975,605 6,179,502 2,613,089 21,393,974 2,380,769 34,532,897 48,915,568 837,057
152,828,461

478

JOURNAL OF THE HOUSE

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunic Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

0

$ 3,126,228

$ 2,024,181

$

25,000

$

10,000

$

95,000

$

15,000

$

0

$

80,000

$

840,000

$

0

$ 6,215,409

$

0

Departmental Functional Budgets Georgia Agricultural Exposition Authority

Total Funds State Funds

$ 6,215,409 $

0

Section 24. State Board of Pardons and Parole. State Funds 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

$ 50,253,029

$ 40,029,564

$ 1,697,625

$

530,000

$

230,199

$

190,000

$

591,200

$ 3,148,958

$ 1,065,000

$ 2,014,983

$

735,500

$

20,000

$ 50,253,029

$ 50,253,029

Section 25. Department of Public Safety.

WEDNESDAY, FEBRUARY 7, 2001
A. Budget Unit: Department of Public Safety State Funds 1. Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted
2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

479

$ 113,287,775

$ 68,110,554

$ 9,557,257

$

206,439

$ 4,632,350

$

461,690

$ 3,169,210

$

28,962

$ 2,775,929

$ 1,329,300

$

298,100

$

0

$

0

$ 90,569,791

$ 1,650,000 $ 88,919,791

$ 19,721,181

$ 1,112,113

$

20,000

$

0

$

62,343

$

0

$

47,262

$

273,300

$

59,000

$

0

$

303,651

$

34,900

$ 2,734,234

$ 24,367,984

$

0

$ 24,367,984

480

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Administration Driver Services Field Operations Total

Total Funds State Funds $ 23,418,618 $ 21,918,618 $ 24,367,984 $ 24,367,984 $ 67,151,173 $ 67,001,173 $ 114,937,775 $ 113,287,775

B. Budget Unit: State Funds - 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

$ 16,298,362

$ 9,784,164

$ 2,668,486

$

99,389

$

62,020

$

197,746

$

244,185

$

323,927

$

306,573

$

437,062

$ 2,425,200

$ 3,203,908

$

750,000

$ 20,502,660

$ 16,298,362

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 3,518,781 $

588,483

Georgia Peace Officers Standards and Training

$ 1,594,540 $ 1,594,540

Police Academy

$ 1,216,022 $ 1,126,022

Fire Academy

$ 1,703,988 $ 1,593,988

Georgia Firefighters Standards and Training Council $

485,161 $

485,161

Georgia Public Safety Training Facility

$ 11,984,168 $ 10,910,168

Total

$ 20,502,660 $ 16,298,362

Section 26. Public School Employees' Retirement System.

WEDNESDAY, FEBRUARY 7, 2001

481

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 17,642,000

$

625,000

$ 17,017,000

$ 17,642,000

$ 17,642,000

Section 27. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted

$ 9,947,341

$ 9,124,706

$

594,856

$

263,062

$

207,184

$

61,236

$

378,286

$

439,157

$

220,072

$ 1,503,791

$ 12,792,350

$ 9,947,341

Departmental Functional Budgets
Administration Transportation Utilities Total

Total Funds State Funds $ 3,223,562 $ 3,223,562 $ 4,332,877 $ 1,761,179 $ 5,235,911 $ 4,962,600 $ 12,792,350 $ 9,947,341

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction State Funds Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs

$ 1,502,695,525 $ 37,099,895
$ 1,602,813,115 $ 256,440,564
$ 408,140,896

482

JOURNAL OF THE HOUSE

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 Tobacco Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - 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 Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research
Institute Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System

$ 740,373,595

$ 54,079,707

$ 1,147,473

$

370,842

$ 1,009,322

$ 89,346,785

$ 55,786,797

$ 3,209,509,096

$ 116,021,107 $ 996,814,158 $ 553,838,911 $ 3,039,500 $ 37,099,895 $ 1,502,695,525

$ 250,864,362

$ 129,089,253 $ 65,746,167

$ 90,776,579 $ 225,355,657 $ 2,784,785

$ 21,887,323

$

0

$

498,000

$ 6,304,720

$ 1,379,525

$

600,000

$ 1,390,021

$

0

$ 22,316,428 $ 32,375,807 $ 30,000,000

WEDNESDAY, FEBRUARY 7, 2001

483

Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding State Funds Budgeted

$ 630,504,265

$ 7,633,100

$ 301,016,038

$ 70,447,265

$

543,500

$ 250,864,362

Regents Central Office and Other Organized Activities
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 Public Libraries State Data Center Total

Total Funds State Funds $ 2,516,306 $ 1,646,559 $ 5,204,604 $ 1,853,484 $ 1,878,491 $ 1,110,858 $ 112,348,319 $ 10,248,495

$ 21,887,323 $ 9,280,323

$ 73,440,974 $ 45,300,255

$ 60,527,405 $ 37,511,168

$ 230,375,431 $ 35,961,155

$ 3,569,225 $ 3,569,225

$ 5,353,607 $

576,097

$ 3,625,810 $

0

$ 3,443,781 $

89,811

$ 35,551,089 $ 35,444,240

$ 35,628,283 $ 33,119,075

$ 35,153,617 $ 35,153,617

$ 630,504,265 $ 250,864,362

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 10,661,987

$ 14,875,994

$ 4,040,278

$ 4,855,685

$ 34,433,944

$ 34,433,944

$

0

484

JOURNAL OF THE HOUSE

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Technology Equipment Initiative Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue. State Funds Tobacco Funds 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 Tobacco Funds Budgeted State Funds Budgeted

$ 53,011,222

$ 14,000,000

$ 4,371,000

$ 1,500,000

$ 7,466,000

$ 2,964,222

$

800,000

$ 20,000,000

$ 1,910,000

$ 53,011,222

$ 53,011,222

$ 303,805,287

$

250,000

$ 69,366,319

$ 11,894,243

$ 1,207,821

$

375,243

$

610,924

$ 28,963,469

$ 2,991,514

$ 3,760,736

$ 2,252,450

$ 4,272,795

$

0

$ 9,027,550

$ 3,738,010

$ 4,972,668

$ 166,000,000

$ 309,433,742

$ 3,845,000

$

250,000

$ 303,805,287

WEDNESDAY, FEBRUARY 7, 2001

485

Departmental Functional Budgets
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

Total Funds State Funds

$ 30,250,650 $ 30,250,650

$ 8,570,473 $ 8,420,473

$ 15,264,364 $ 14,249,164

$ 24,379,893 $ 24,239,893

$ 8,893,616 $ 8,593,616

$ 34,634,721 $ 33,334,721

$ 170,504,262 $ 168,970,807

$ 5,672,039 $ 5,572,039

$

20,000 $

20,000

$ 8,002,255 $ 7,162,455

$ 3,241,469 $ 3,241,469

$ 309,433,742 $ 304,055,287

Section 30. Secretary of State. A. Budget Unit: Secretary of State State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 33,797,597

$ 18,790,954

$ 2,951,861

$

234,150

$

191,357

$

69,986

$ 3,108,446

$ 3,005,529

$

851,920

$ 1,984,856

$

640,900

$ 3,012,638

$ 34,842,597

$ 33,797,597

Departmental Functional Budgets
Internal Administration Archives and Records Business Services - Corporations

Total Funds $ 4,835,489 $ $ 5,109,479 $ $ 2,532,021 $

State Funds 4,805,489 5,034,479 1,812,021

486

JOURNAL OF THE HOUSE

Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$ 2,312,818 $ 2,262,818

$ 4,996,638 $ 4,976,638

$ 1,353,596 $ 1,353,596

$

588,821 $

588,821

$ 12,872,840 $ 12,722,840

$

240,895 $

240,895

$ 34,842,597 $ 33,797,597

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,336,433

$ 1,431,003

$

175,000

$

18,000

$

0

$

10,000

$

318,945

$

170,085

$

69,400

$

144,000

$ 2,336,433

$ 2,336,433

Departmental Functional Budgets Real Estate Commission

Cost of State Funds Operations $ 2,336,433 $ 2,376,433

Section 31. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 2,504,699

$ 1,632,926

$

300,900

$

40,515

$

124,741

$

20,033

$

12,128

$

123,852

WEDNESDAY, FEBRUARY 7, 2001

487

Telecommunications Per Diem, Fees and Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted

$

27,195

$ 1,055,702

$

87,000

$ 3,424,992

$ 2,504,699

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission State Funds 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

$ 35,041,906

$

542,191

$

26,355

$

21,257

$

0

$

6,300

$

20,233

$

50,438

$

13,691

$

46,706

$

0

$ 4,669,455

$ 27,886,156

$

0

$

68,000

$

337,500

$

60,500

$

40,000

$

739,412

$

0

$

513,712

$ 35,041,906

$ 35,041,906

Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission

Total Funds State Funds $ 34,314,735 $ 34,314,735

$

727,171 $

727,171

488

JOURNAL OF THE HOUSE

Total

$ 35,041,906 $ 35,041,906

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 Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted

$ 270,279,309

$ 149,901,564

$ 32,612,621

$ 40,216,466

$

0

$ 38,757,070

$

657,426

$

232,330

$ 3,496,800

$ 1,960,000

$ 1,845,032

$

600,000

$ 270,279,309

$ 270,279,309

Section 33. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted
State Funds Budgeted

$ 3,270,000

$ 8,527,740

$

489,044

$

20,500

$

0

$

15,000

$ 1,100,409

$

622,335

$

359,698

$

425,000

$

0

$ 3,100,000

$

170,000

$

0

$ 14,829,726

$ 3,270,000

Section 34. Department of Technical and Adult Education.

WEDNESDAY, FEBRUARY 7, 2001

489

A. Budget Unit: Department of Technical and Adult Education
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications 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

$ 254,935,576

$ 6,275,876

$

413,890

$

132,000

$

0

$

57,741

$

550,846

$

392,265

$

836,328

$

115,980

$ 6,543,907

$ 211,482,640

$ 61,499,037

$ 6,454,757

$ 19,888,214

$ 3,698,828

$ 12,340,384

$ 330,682,693

$ 254,935,576

Departmental Functional Budgets
Administration Institutional Programs Total

Total Funds State Funds $ 8,774,926 $ 6,715,138 $ 321,907,767 $ 248,220,438 $ 330,682,693 $ 254,935,576

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

$ 13,500,000

$

0

$

0

$

0

$ 13,500,000

$

0

$ 13,500,000

$ 13,500,000

490

JOURNAL OF THE HOUSE

Section 35. Department of Transportation. State Funds 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

$ 662,550,174 $ 273,837,814 $ 63,813,492 $ 2,188,931 $ 2,000,000 $ 10,345,685 $ 12,829,146 $ 1,335,963 $ 4,492,508 $ 94,896,742 $ 1,056,184,631 $ 7,071,616 $ 19,447,713

$

710,855

$

555,666

$ 1,549,710,762

$ 662,550,174

Departmental Functional Budgets
Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds

State Funds

$ 1,239,840,287 $ 384,783,921

$ 229,902,266 $ 212,919,211

$ 19,606,694 $ 18,874,694

$ 24,472,369 $ 23,672,369

$ 1,513,821,616 $ 640,250,195

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities

$

191,154 $

191,154

$

0$

0

$

22,753 $

22,753

$ 3,630,535 $ 3,093,324

$ 31,333,849 $ 18,281,893

$

710,855 $

710,855

WEDNESDAY, FEBRUARY 7, 2001

491

Total

$ 35,889,146 $ 22,299,979

Section 36. Department of Veterans Service. State Funds 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

$ 20,382,816

$ 5,732,166

$

297,803

$

100,000

$

0

$

295,957

$

27,080

$

264,941

$

83,660

$ 14,810,500

$ 7,840,660

$

0

$

196,373

$

436,000

$ 30,085,140

$ 20,382,816

Departmental Functional Budgets
Veterans Assistance Education and Training Veterans Nursing Home-Augusta Total

Total Funds

$ 21,941,480 $

$

0$

$ 8,143,660 $

$ 30,085,140 $

State Funds 15,861,820 0 4,520,996 20,382,816

Section 37. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 11,949,645

$ 9,847,042

$

434,815

$

140,600

$

0

$

9,288

$

200,320

492

JOURNAL OF THE HOUSE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted

$ 1,232,524

$

211,656

$

133,400

$

0

$ 12,209,645

$ 11,949,645

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)

$ 501,706,729 $ 50,000,000 $ 551,706,729

$ 67,441,230

$

0

$ 67,441,230

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

WEDNESDAY, FEBRUARY 7, 2001

493

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 Services.

It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 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 selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

RECIPIENT Pierce County Sumter County
City of Atlanta Lowndes County

DESCRIPTION

Lee Street Resource Center

Continue restoration effort at the Rylander

Theater in Americus

Martin Luther King, Jr. Boulevard revitalization

Construct

Valdosta/Lowndes

County

AMOUNT $ 125,000 $ 450,000
$ 100,000 $ 1,000,000

494

JOURNAL OF THE HOUSE

City of Dawsonville
City of Hartwell
DeKalb County Convention Center Authority Pulaski County Cobb County
City of Albany Georgia Mountains RDC Clayton County
Columbia County Library Trustees Gwinnett County
Wayne County Board of Education Wayne County
City of Smyrna
Bibb County
Clayton County
City of Albany
Banks County
City of Tifton
Stephens County Board of Education City of Cairo
City of Augusta
Alcovy Shores Water

Conference Center Thunder Road/NASCAR Hall of Fame, Dawsonville Hartwell Conference Center and necessary wastewater treatment facilities Feasibility study for planning and design for DeKalb County Convention and Visitor's Bureau cultural center Restoration of the Pulaski County Courthouse Feasibility study and implementation of the 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 in Clayton County Feasibility study for planning and design of the Columbia County library Train and rehabilitate workers in Gwinnett County Purchase additional seating and equipment for the Wayne County High School Auditorium Provide funds for Historical Chattahoochee Commission Construction and land improvements for Cobb Veterans' Memorial in Smyrna Contract for services with Harriet Tubman Museum in Bibb County Contract for services with Clayton County Greenway Council Conduct a feasibility study on water usage planning for South Georgia at Albany State Construct a multi-purpose agricultural building in Banks County To provide funds for an agricultural facility in Tifton Provide funds for a high school cannery in Stephens County Contract with Southwest Georgia Community Foundation for Performing Arts Center in Cairo Contract for services with National Legacy Foundation in Augusta Improvements to Alcovy Shores Public Water

$ 150,000 $ 1,000,000 $ 50,000
$ 400,000 $ 1,000,000 $ 75,000 $ 32,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 4,500 $ 250,000 $ 150,000 $ 68,000 $ 750,000 $ 200,000 $ 100,000 $ 200,000 $ 190,000 $ 150,000 $ 15,000

WEDNESDAY, FEBRUARY 7, 2001

495

and Sewerage

System in Jasper County

Authority

(Jasper County)

Appling County

Improvements to the Long Branch Community $

Center building in Appling County

Athens-Clarke

Contract for services with Northeast Georgia $

County

Health Center for the Patient Cardiovascular

Disease Prevention Project in East Athens-

Clarke County

Athens-Clarke

Contract for services with Food Bank of $

County

Northeast Georgia in Athens-Clarke County

Athens-Clarke

Purchase van for the Athens Regional Library $

County Library

System in Athens-Clarke County

Trustees

Athens-Clarke

Contract for services with Athens Child $

County

Development, Inc. for emergency child care

Athens-Clarke

Upgrade computers and expand services at the $

County

Athens Neighborhood Health Center

Atkinson County

Improvements to jail including safety and $

security in Atkinson County

Atkinson County

Purchase/install playground equipment, tractor $

and finishing mower for Axson, Willocoochee

and Pierson Parks in Atkinson County

Atkinson County

Repair high school bleachers and fencing at $

Board of Education football field and repair roof at Pearson

Elementary and Atkinson County High

Augusta/Richmond Contract for services with the Shiloh $

County

Comprehensive Community Center in

Augusta/Richmond County

Augusta/Richmond Contract for services with the Lucy C. Laney $

County

Museum in Augusta/Richmond County

Augusta/Richmond Contract for services with Beulah Grove $

County

Resources in Augusta/Richmond County

Augusta/Richmond Contract for services with the CSRA $

County

Transitional Center, Inc. in Augusta/Richmond

County

Augusta/Richmond Repair and purchase/install new seating for the $

County

Imperial Theater in Augusta/Richmond County

Augusta/Richmond Landscaping and flowers for Augusta/Richmond $

County

County

Augusta/Richmond Contract for services with Belle-Terrace $

County

Community Center for summer programs in

Augusta/Richmond County

5,000 25,000
25,000 25,000
30,000 20,000 10,000 15,000
20,000
2,500
2,500 2,500 12,500
25,000 25,000
5,000

496

JOURNAL OF THE HOUSE

Augusta/Richmond Technology improvements for East Georgia $

County

Easter Seals in Augusta/Richmond County

Augusta/Richmond Contract for services with the Neighborhood $

County

Improvement Project, Inc. in Augusta/Richmond

County

Augusta/Richmond Contract for services with the $

County

Augusta/Richmond Opportunities Center, Inc.

Augusta/Richmond Contract for services with Good Hope Social $

County

Services summer school program in

Augusta/Richmond County

Augusta/Richmond Improvements to a recreation facility and $

County

adjacent facilities in Augusta/Richmond County

Augusta/Richmond Contract for services with Augusta Arsenal and $

County

Carriage Works Museum

Augusta/Richmond Purchase band equipment for Richmond $

County

Academy High School

Board of Education

Augusta/Richmond Improvements to baseball field fence and dugout $

County

for girls softball team at Westside

Board of Education Comprehensive

High

School

in

Augusta/Richmond County

Augusta/Richmond Purchase equipment for Terrace Manor $

County

Elementary School in Augusta/Richmond

Board of Education County

Augusta/Richmond Purchase equipment for Wilkinson Gardens $

County

Elementary School in Augusta/Richmond

Board of Education County

Augusta/Richmond Purchase equipment and furnishings for the $

County

technical program at Glenn Hills High School in

Board of Education Augusta/Richmond County

Augusta/Richmond Purchase technology improvements for Tutt $

County

Middle School in Augusta/Richmond County

Board of Education

Augusta/Richmond Purchase athletic equipment and uniforms for $

County

the Glenn Hills High School in

Board of Education Augusta/Richmond County

Bacon County

Purchase equipment for Bacon County $

Extension Service

Baldwin County

Safety improvements to a county road in $

Baldwin County

Baldwin County

Pave a parking lot at Walter B. Williams, Jr. $

Park in Baldwin County

Baldwin County

Purchase equipment for East Baldwin Fire $

5,000 10,000 10,000 20,000 45,000 40,000
5,000 15,000
7,500 2,500 7,500 20,000 10,000 3,000 10,000 40,000 15,000

WEDNESDAY, FEBRUARY 7, 2001

497

Station

Baldwin County

Develop a countywide prioritized transportation $

plan in Baldwin County

Baldwin County

Installation of lighting project including $

Board of Education scoreboard control cables for high school

baseball field in Baldwin County

Banks County

Upgrade computers for foster homes' programs $

in Banks County

Ben Hill County

Construct a new facility for the Fire Station #5 $

in Ben Hill County

Ben Hill County

Purchase/install lighting for new ballfield in Ben $

Hill County

Ben Hill County

Contract for services for monitoring Enrichment $

Program in Ben Hill County

Berrien County

Purchase/install road identification traffic signs $

in Berrien County

Berrien County

Purchase life saving emergency equipment for $

the West Berrien Volunteer Fire Department

Berrien County

Purchase fire fighting emergency equipment in $

Berrien County

Bibb County

Planting and beautification of southern gateway $

in Bibb County

Bibb County

Operation and staff development of the Douglas $

Theater in Bibb County

Bibb County

Contract for services and purchase medical $

assistance for indigent HIV patients at Bibb

County Health Clinic

Bibb County

Contract for services with the Hope initiative in $

Bibb County

Bibb County

Contract for services with Disabilities $

Connections in Bibb County

Bibb County

Purchase/install lighting for soccer field for $

Middle Georgia Soccer Association, Inc. in

Bibb County

Bleckley County

Purchase/install lighting for Bleckley County $

Board of Education Schools

Bleckley County

Purchase technology equipment for Bleckley $

County public safety

Bleckley County

Bleckley County Fire Department

$

Brantley County

Operating expenses for Department of $

Intergovernmental Relations in Brantley County

Brantley County

Purchase equipment for Brantley County $

volunteer fire departments

10,000 25,000
2,000 5,000 10,000 20,000 5,000 10,000 10,000 30,000 10,000 15,000
20,000 20,000 25,000
10,000 10,000 10,000 10,000
5,000

498

JOURNAL OF THE HOUSE

Brooks County

Purchase firefighting equipment for the $

Talloakes Road Volunteer Fire Department

Bryan County

Renovate pier and bathroom facilities and $

purchase/install picnic tables at the Tivoli River

recreation area in Bryan County

Bryan County

Renovate Pembroke Senior Citizen's Center in $

Bryan County

Bryan County

Purchase emergency fire equipment for Bryan $

County Fire Department

Bryan County

Purchase playground equipment for Bryan $

Board of Education County Elementary

Bryan County

Purchase/install stand for the Bryan County $

Board of Education High School Football field

Bulloch County

Improvements to picnic pavilion in Brooklet $

Park for the Statesboro/Bulloch County

Recreation Department

Bulloch County

Renovate and rewire Brooklet Elementary $

School in Bullock County

Bulloch County

Remodel and renovate livestock center in $

Bulloch County

Burke County

Transportation costs and training fees for $

Board of Education distance learning classes in Burke County

Burke County

Purchase a computerized reading program $

Board of Education (Waterford Program) for primary schools in

Burke County

Butts County

Construct and operate animal shelter in Butts $

County

Calhoun County

Purchase athletic equipment for Calhoun County $

Board of Education schools

Candler County

Purchase furniture for a new high school in the $

Board of Education City of Metter, Candler County

Carroll County

Upgrade athletic facilities at Central High $

Board of Education School in Carroll County

Carroll County

Improvements to Temple High School Athletic $

Board of Education facilities in Carroll County

Charlton County

Purchase playground equipment for Folkston $

Board of Education Elementary School in Charlton County

Charlton County

Purchase equipment for Charlton County $

volunteer fire departments

Chatham County

Contract for services with Senior Citizens, Inc. $

in Chatham County

Chatham County

Contract for services from Savannah/Chatham $

Humane Society requiring repairs, renovation

3,000 3,000
5,000 5,000 10,000 10,000 10,000
25,000 50,000 15,000 50,000
15,000 10,000 20,000 15,000 15,000 25,000
5,000 15,000
5,000

WEDNESDAY, FEBRUARY 7, 2001

499

and new cages

Chattahoochee

Drill groundwater well and replace pump in $

County

Chattahoochee County

Chattahoochee

Renovate classrooms for in Chattahoochee $

Board of Education County schools

Chattooga County Purchase automatic defibrillators for the $

Chattooga County Mutual Aid Association

Clayton County

Contract for services from the Rainbow House, $

Inc.requiring facility improvements in Clayton

County

Clayton County

Landscaping for the Clayton County Department $

of Transportation

Clayton County

Purchase new furniture and laptop computer for $

the Clayton County Aging Program Advisory

Board

Clayton County

Contract for services with the Calvary Refuge $

Center shelter for the homeless in Clayton

County

Clayton County

Restore the Old Mundy Mill in Clayton County $

Clayton County

Contract for services with Clayton Clean and $

Beautiful program for educational information

Clayton County

Repair/renovate P.E. Athletic Field and purchase $

Board of Education uniforms and athletic equipment for Lovejoy

Middle School in Clayton County

Clayton County

Improvements to the marching band practice $

Board of Education field at Lovejoy High School in Clayton County

Clayton County

Construct an outdoor pavilion at Lee Street $

Board of Education Elementary in Clayton County

Clayton County

Purchase projection device for the M.D. Roberts $

Board of Education Middle School technology addition in Clayton

County

Clayton County

Complete student services for M.D. Roberts $

Board of Education Middle School in Clayton County

Clayton County

Purchase audio/visual equipment for computer $

Board of Education technology instruction at Jonesboro Middle

School in Clayton County

Clayton County

Purchase books for the Jonesboro Middle School $

Board of Education library in Clayton County

Clayton County

Purchase playground equipment for Northcutt $

Board of Education Elementary School in Clayton County

Clayton County

Purchase equipment for the athletic, fine arts and $

Board of Education band programs at North Clayton Middle School

in Clayton County

40,000 30,000 10,000 50,000
10,000 10,000
50,000
5,000 15,000
2,500
3,000 10,000
4,800
8,000 2,500
4,800 5,000 10,000

500

JOURNAL OF THE HOUSE

Clayton County

Purchase equipment for fine arts and band $

Board of Education programs at North Clayton High School in

Clayton County

Clayton County

Purchase equipment for the athletic program at $

Board of Education North Clayton High School in Clayton County

Clayton County

Athletic program, fine arts and band programs at $

Board of Education Riverdale Middle School in Clayton County

Clayton County

Purchase playground equipment at Riverdale $

Board of Education Elementary School in Clayton County

Clayton County

Purchase equipment for the athletic, fine arts and $

Board of Education band programs at Riverdale High School in

Clayton County

Clayton County

Purchase equipment for the athletic program at $

Board of Education Riverdale High School in Clayton County

Clayton County

Purchase playground equipment for West $

Board of Education Clayton Elementary School in Clayton County

Clayton County

Purchase playground equipment for Pointe $

Board of Education South Elementary in Clayton County

Clayton County

Purchase equipment and security monitors for $

Board of Education Pointe South Middle School in Clayton County

Clayton County

Purchase playground and outdoor fitness $

Board of Education equipment for the new Hawthorne Elementary

School in Clayton County

Clayton County

Purchase playground equipment for E. W. Oliver $

Board of Education Elementary School in Clayton County

Clayton County

Complete a walking track for the students at $

Board of Education Brown Elementary School in Clayton County

Clayton County

Purchase playground equipment for Church $

Board of Education Street Elementary School in Clayton County

Clinch County

Improvements to Clinch County recreation park $

Cobb County

Repair and renovate South Cobb Community $

Center

Cobb County

Purchase van for Cobb/Douglas Regional Board $

and Service Board in Cobb County

Cobb County

Expand Pebblebrook High School football $

Board of Education stadium in Cobb County

Cobb County

King Springs Elementary School Language $

Board of Education Development Program in Cobb County

Cobb County

Purchase/install educational class sound system $

Board of Education at Nickajack Elementary School in Cobb County

Cobb County

Purchase/install technology connections, wiring, $

Board of Education security systems at Powers Ferry Elementary

School in Cobb County

10,000
10,000 5,000 5,000
10,000
10,000 5,000 9,000
10,000 7,500
5,000 2,500 5,000 15,000 30,000 10,000 30,000 5,000 5,000 25,000

WEDNESDAY, FEBRUARY 7, 2001

501

Cobb County

Improvements to the Campbell High School $

Board of Education storage restroom facility in Cobb County

Cobb County

Purchase/install fencing to enclose a playground $

Board of Education area at Bells Ferry Elementary School in Cobb

County

Cobb County

Purchase lockers and basic furnishings for the $

Board of Education Sprayberry High School field house in Cobb

County

Cobb County

Environmental class improvements for Addison $

Board of Education Elementary School in Cobb County

Cobb County

Upgrade lab and equipment for Cobb County $

Board of Education Schools

Colquitt County

Construct a building and purchase equipment for $

the Crossland Fire Department in Colquitt

County

Columbia County

Beautify five entrances of Harlem with trees and $

shrubs in Columbia County

Columbia County

Purchase classroom computers for Stevens $

Board of Education Creek Elementary in Columbia County

Columbia County

Purchase classroom computers for Blue Ridge $

Board of Education Elementary in Columbia County

Columbia County

Create a nature learning trail for Martinez $

Board of Education Elementary in Columbia County

Columbia County

Athletic improvements at Lakeside High School $

Board of Education in Columbia County

Columbia County

Purchase classroom computers for Riverside $

Board of Education Elementary School in Columbia County

Columbia County

Purchase/install lighting for softball fields at $

Board of Education Harlem, Lakeside, and Greenbrier High Schools

in Columbia County

Columbia County

Improve landscaping and install an irrigation $

Board of Education system at Evans Elementary School in Columbia

County

Columbia County

Refurbish football stadium and field houses at $

Board of Education Evans Middle School in Columbia County

Columbia County

Improvements to band room at Evans High in $

Board of Education Columbia County

Columbus/Muscogee Health Center in South Columbus

$

County

Columbus/Muscogee Contract for services with the Urban League of $

County

Greater Columbus for "Youth Alive 2000"

Columbus/Muscogee Renovation, maintenance and operation of $

25,000 15,000
40,000
5,000 14,000 10,000
6,000 5,000 5,000 5,000 25,000 5,000 30,000
4,000
10,000 25,000
25,000 25,000 50,000

502

JOURNAL OF THE HOUSE

County

Memorial Stadium for the Adahalia Mack Park

Community Center

Columbus/Muscogee Play and Learn Together program for Columbus $ 25,000

County

Extension Service

Columbus/Muscogee Contract for services with Outreach Programs at $ 120,000

County

Boys and Girls Clubs of Columbus, Inc.

Columbus/Muscogee Contract for services with Two Thousand $ 50,000

County

Opportunities, Inc. in Columbus/Muscogee

County

Columbus/Muscogee Contract for services with Project $ 25,000

County

Rebound/Family

Institute

in

Columbus/Muscogee County

Columbus/Muscogee Contract for services with the Easter Seals of $ 40,000

County

West Georgia, Inc. day care center in

Columbus/Muscogee County

Columbus/Muscogee Match challenge grants for the Human $ 25,000

County

Experience Theater in Columbus/Muscogee

County

Columbus/Muscogee Columbus Community Center Outreach tutoring $ 20,000

County

and outreach programs

Columbus/Muscogee Contract for services with Metropolitan $ 25,000

County

Columbus Task Force for the Homeless

Columbus/Muscogee Purchase a shelter facility for the Children's $ 100,000

County

Emergency Shelter and Assessment Center in

Columbus

Columbus/Muscogee Contract for services with the Combined $ 20,000

County

Communities of Southeast Columbus for a

summer tutorial program

Cook County

Purchase fire fighter emergency equipment in $ 15,000

Cook County

Crawford County

Purchase equipment and operation of the $ 20,000

Crawford County Chamber of Commerce

Crawford County

Construct a covered pavilion at Crawford $ 20,000

Board of Education County High School

Crawford County

Expansion and improvements to athletic $ 35,000

Board of Education facilities for Crawford County High School

Crisp County

Operating and maintenance funds for Crisp Area $ 20,000

Art Alliance

Dawson Downtown Creation of park area for Main Street for the $ 30,000

Development

Dawson Downtown Development Authority

Authority

DeKalb County

Renovations at the Art Station Inc. in DeKalb $ 30,000

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 DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County

WEDNESDAY, FEBRUARY 7, 2001

503

Renovate/repair entrances, beautification and $ maintenance of community common areas and landscaping in DeKalb County Contract for services with Art Station, Inc. after $ school and summer programs in DeKalb County Purchase music education and workshops for the $ South DeKalb Youth Choir in DeKalb County Contract for services Mr. Kenyada's $ Neighborhood, Inc. for computer literacy programs in DeKalb County Contract for services with Black Women $ Coalition of Atlanta for tutorial program and scholarships in DeKalb County Improvements and purchase equipment for the $ Central DeKalb Youth Football program Construct additional fields for Central DeKalb $ Sports Association Purchase van, insurance and maintenance for $ Scottdale Child Development and Family Resource Center, Inc. DeKalb County Contract for services Iam, Inc. for tutorial $ program and leadership academy in DeKalb County Purchase signs for the Belvedere Little League $ Program located on Glenwood Road in DeKalb County SLAM (Students Learning and Advancing in $ Math) Plus Reading program in DeKalb County Expand and renovate Exchange Park for the $ Glenwood Hills Youth Association in DeKalb County Redan High Touchdown Club for athletic field $ house Contract for services with DeKalb Clean and $ Beautiful projects Maintenance of Lithonia Women's Club in $ DeKalb County Contract for services for athletic activities for $ Browns Mill Park in DeKalb County Development of Wonderland Gardens in South $ DeKalb County Construct picnic pavilion and repave main $ service drive at the Gresham Park Baseball and

28,000
25,000 10,000
7,500
10,000
25,000 25,000 40,000
15,000
7,500
5,000 50,000
1,000 19,000 5,000 20,000 25,000 30,000

504

JOURNAL OF THE HOUSE

Youth Football fields in DeKalb County

DeKalb County

Contract for services with Clarkston Community $

Center in DeKalb County

DeKalb County

Construct a facility for Senior Connections in $

DeKalb County

DeKalb County

Purchase/implement youth programs and $

services in DeKalb

DeKalb County

Contract for services with Push Push Theater in $

DeKalb County

DeKalb County

Contract for services Green Forest Community $

Development Corp. for after school and

computer literacy programs in DeKalb County

DeKalb County

Purchase equipment, uniforms and supplies for $

Board of Education Lithonia High School in DeKalb County

DeKalb County

Implementation of brain-based layered $

Board of Education curriculum at Shamrock Middle School in

DeKalb County

DeKalb County

Purchase materials and equipment, construct an $

Board of Education indoor habitat and fund field trips for Cedar

Grove Middle School in DeKalb

County

DeKalb County

Purchase/install school sign at the Hooper- $

Board of Education Alexander Elementary School in DeKalb County

DeKalb County

Programs complimenting elementary school $

Board of Education PTA activities in DeKalb County

DeKalb County

Contract for services for an accelerated reading $

Board of Education program at Forest Hills Elementary School in

DeKalb County

DeKalb County

Purchase band uniforms and instruments for $

Board of Education each DeKalb County High School

Dodge County

Repair Dodge County courthouse and purchase $

computers

Dodge County

Contract for services with the Dodge County $

Recreation Commission

Dougherty County Construct a memorial to Confederate soldiers $

including landscaping of a one acre park in

Dougherty County

Dougherty County Contract for services with River Rd Inc., d/b/a $

SAFEC-South Albany Family Enrichment

Collaborative in Dougherty County

Dougherty County Contract for services with the Dougherty County $

Community Coalition

Douglas County

Improvements to the emergency 911 dispatch $

20,000 60,000 20,000 40,000 21,000
5,000 10,000
10,000
6,000 9,000 8,000
18,000 55,000 10,000 25,000
10,000
25,000 40,000

WEDNESDAY, FEBRUARY 7, 2001

505

system in Douglas County

Douglas County

Purchase/install integrated information systems $

Board of Education technology lab at Alexander High School in

Douglas County

Echols County

Construct a building for Echols County $

Volunteer Fire Department

Effingham County Purchase Jaws of Life and additional fire- $

fighting equipment for Faulkville Volunteer Fire

Department in Effingham County

Effingham County Construct a pavilion at the Meldrim Community $

Park in Effingham County

Effingham County Purchase playground equipment for Springfield $

Board of Education Central Elementary in Effingham County

Elbert County

Purchase building and equipment for the $

Petersburg Fire Department in Elbert County

Elbert County

Purchase equipment for Elbert County High $

Board of Education Band

Elbert County

Purchase playground equipment for Bowman $

Board of Education Elementary School in Elbert County

Emanuel County

Renovate and purchase equipment for the $

Emanuel County volunteer fire departments

Emanuel County

Purchase equipment for Emanuel County $

Library Trustees Library

Emanuel County

Downtown

development

including $

repair/renovation to county park in Emanuel

County

Emanuel County

Planning and repairs for Emanuel County $

Airport

Fannin County

Renovations/repairs to Fannin County $

courthouse

Fannin County

Renovations/repairs to the Epworth Community $

Club in Fannin County

Floyd County

Contract for services with Rome/Floyd $

Recreation Authority

Floyd County

Purchase equipment for technology programs for $

Board of Education Coosa High School Technology Education

Center in Floyd County

Franklin County

Gum Log Fire Department in Franklin County $

Franklin County

Complete interior and furnish new Agriculture $

Board of Education Center at the Franklin County High School Ag

Department

Fulton County

Contract for services with Holistic Stress $

Control, Inc. in Fulton County

5,000
50,000 5,000
5,000 10,000 15,000
3,500 2,500 15,000 10,000 50,000
10,000 25,000 35,000 10,000 30,000
5,000 20,000
25,000

506

JOURNAL OF THE HOUSE

Fulton County

Implement/improve Senior Citizens Services of $ 20,000

Metropolitan Atlanta Adult Day Care Center in

Fulton County

Fulton County

Implement/improve programs and services at the $ 20,000

Dogwood Senior Center in Fulton County

Fulton County

Inter-generational Resources Center in Fulton $ 30,000

County

Fulton County

Improvements to a multipurpose facility for $ 100,000

Harriett G. Darnell, Senior Center in Fulton

County

Fulton County

Fulton County Sheriff's Department for a jobs $ 25,000

programs

Fulton County

Contract for services with the Concerned $ 30,000

Citizens of Atlanta, Inc. in Fulton County

Fulton County

Purchase equipment for the Georgia Association $ 25,000

of Homes and Services for Children for

Information Management Systems in Fulton

County

Fulton County

Contract for services with the Old National $ 50,000

Merchants Association/WrapAround

Collaborative for an after school program in

Fulton County

Fulton County

Contract for services with Straight Talk $ 15,000

Counseling Services, Inc. in Fulton County

Fulton County

Purchase technology and equipment for $ 50,000

Board of Education Spalding, Woodland, Roberts Road, Heards

Ferry, and High Point Elementary Schools in

Fulton County

Fulton County

Contract for services with the "Georgia Garden $ 10,000

Board of Education of Opportunity" outdoor classroom at Webb

Bridge Middle School in Fulton County

Fulton County

Construction and purchase supplies for the $ 40,000

Board of Education "Science Fair Project" classroom at Medlock

Bridge Elementary School

Georgia Mountains Contract for services with the Elachee Nature $ 25,000

RDC

Science Center for the Georgia Mountains RDC

Gilmer County

Renovate Civic Center/ambulance service $ 25,000

quarters in Gilmer County

Glascock County

Renovate courthouse annex and purchase fire $ 10,000

equipment for Glascock County

Glynn County

Construct a county owned basketball court in $ 10,000

Glynn County

Glynn County

Purchase/install lights for the North Glynn $ 25,000

WEDNESDAY, FEBRUARY 7, 2001

507

Recreation Park Ballfield

Glynn County

Purchase/install playground equipment at $ 20,000

Massengale Park in Glynn County

Gordon County

Purchase playground equipment and repairs at $ 25,000

Salacoa Park in Gordon County

Grady County

Purchase/install computer systems for the Grady $ 10,000

County "All" Volunteer Fire Department in each

fire station

Greene County

Contract for services with the Greene County $ 10,000

Child Development Center

Greene County

Renovate Historic Greene County Jail

$ 40,000

Gwinnett County

Purchase equipment for Creative Enterprises, $ 50,000

Inc. in Gwinnett County

Gwinnett County

Restore the Lawrenceville-Gwinnett Historical $ 25,000

Cemetery

Gwinnett County

Purchase educational material and gym $ 20,000

Board of Education enhancements for Rockbridge Elementary

School in Gwinnett County

Gwinnett County

Improvements for athletic facilities at Shiloh $ 50,000

Board of Education High School in Gwinnett County

Gwinnett County

Improvements to the Duluth Youth Softball field $ 100,000

Board of Education at Duluth High School in Gwinnett County

Gwinnett County

Renovate stadium at Central Gwinnett High $ 50,000

Board of Education School

Gwinnett County

Purchase communications and electronic $ 20,000

Board of Education equipment for Nesbit Elementary School in

Gwinnnett County

Gwinnett County

Contract for services with Meadowcreek High $ 20,000

Board of Education School in Gwinnett County

Hancock County

Purchase turn-out gear and equipment for $ 5,000

Hancock County Volunteer Fire Department

Hancock County

Purchase uniforms, tools, and equipment for the $ 5,000

Hancock Emergency Management Agency

Hancock County

Expand Summer Science Camp and Band $ 10,000

Board of Education Program in Hancock County

Haralson County

Haralson recreation department

$ 15,000

Haralson County

Renovate Haralson County Courthouse

$ 50,000

Hart County

Renovate stadium at Hart County High School $ 15,000

Board of Education

Heard County

Develop master plan for the Heard County River $ 25,000

Development

Commission for a passive recreational greenway

Authority

system along the Chattahoochee River

Henry County

Provide maintenance for the Flint Circuit $ 10,000

508

JOURNAL OF THE HOUSE

Council on Family Violence in Henry County

Henry County

Purchase equipment for Stockbridge Middle $ 10,000

Board of Education School Technology Team in Henry County

Henry County

Purchase/install lighting for the girl's softball $ 10,000

Board of Education field at Stockbridge High School in Henry

County

Houston County

Establishment of "Seamless" Education program $ 50,000

Board of Education with Houston County Board of Education,

Macon State College and Middle Georgia Tech

Houston County

Lighting and improvements to Perry High $ 100,000

Board of Education School football field in Houston County

Houston County

Repair/replace roof and other improvements at $ 95,000

Library Board

Perry Library and Centerville Library in

Houston County

Irwin County

Renovation and lighting for the Irwin County $ 10,000

girl's softball field

Irwin County

Purchase equipment and start-up for the new $ 5,000

Pleasure Lake Fire Department in Irwin County

Jackson County

Standardize and replace 10 SCBA's for the $ 10,000

North Jackson Fire Department

Jasper County

Purchase band/music program uniforms at $ 10,000

Board of Education Jasper County schools

Jasper County

Improvements to athletic field/community $ 20,000

amphitheater in Jasper County

Jeff Davis County Improvements to the Jeff Davis High School $ 25,000

Board of Education Tennis Court

Jeff Davis County Provide for after school program specializing in $ 10,000

the arts for Jeff Davis Arts Council

Jeff Davis County Completion of structural study of historic $ 5,000

Development

residence for use as tourism complex for the Jeff

Authority

Davis County Development

Authority

Jeff Davis County Public Safety Park for the Jeff Davis County $ 5,000

EMS

Jefferson County

Remodel building for Chamber of Commerce $ 25,000

and Economic Development office in Jefferson

County

Jenkins County

Purchase equipment for the Jenkins County $ 20,000

Hospital

Johnson County

Equip and renovate the Johnson County $ 11,000

volunteer fire department

Jones County

Study and plan for sewerage system $ 15,000

improvements in Jones County

WEDNESDAY, FEBRUARY 7, 2001

509

Jones County

Purchase materials and labor for restoration and $

Library Trustees

repair of the Jones County Public Library

Jones County

Purchase van for the 4-H Club Program in Jones $

County

Jones County

Develop a feasibility study and comprehensive $

plan for sewer system improvements in Gray

and Jones County

Lamar County

Construct athletic field for Lamar County $

Board of Education Middle School

Lamar County

Plan and construct an Agricultural Exposition $

Building in Lamar County

Lanier County

Improvements to Lanier County computer lab

$

Board of Education

Laurens County

Contract for services with the Stepping Stone, $

Inc. Child Advocacy Center in Laurens County

Laurens County

Improve and purchase property for the Dublin- $

Laurens County Recreation Authority for

Springdale Park

Liberty County

Construct an outdoor classroom and restroom at $

the LeConte-Woodmanston Foundation, Inc.

Plantation

Liberty County

Construct and equip swimming pool for the $

Liberty County Recreation Department

Lincoln County

Repairs to Lincolnton Clubhouse

$

Lincoln County

Construct a group pavilion at Lincoln County $

Historical Park

Lincoln County

Purchase cardiac monitors for EMS in Lincoln $

County

Lincoln County

Contract for services with the Midway volunteer $

fire department building in Lincoln County

Long County

Modify courthouse to increase records storage $

space in Long County

Lowndes County

Contract for services from Boy's and Girl's Club $

of Valdosta, Inc. for an after school learning lab

Lumpkin County

Purchase computer equipment for Lumpkin $

County Emergency Services

Marion County

Recreation improvements and expansions in $

Marion County

McDuffie County Planning funds for McDuffie County $

Board of Education Environmental Education Center

Miller County

Renovate Miller County Extension Building

$

Mitchell County

Purchase equipment for seven Mitchell County $

8,000 28,000 25,000
15,000 50,000 15,000 20,000 25,000
25,000
20,000 5,000 5,000
10,000 10,000 20,000 15,000 25,000 15,000 10,000 25,000 14,000

510

JOURNAL OF THE HOUSE

volunteer fire departments

Monroe County

Improvements to Monroe County courthouse $

electrical systems

Montgomery County Renovate a county-owned recreation department $

softball field in Montgomery County

Murray County

Purchase furniture, equipment, and $

transportation for Murray County Senior Center

Newton County

Develop a park located in Covington in Newton $

County

Newton County

Outdoor centers, counseling project, and DARE $

Board of Education program in Newton County

Newton County

Covington Senior Center in Newton County

$

Oglethorpe County Renovate the Crawford Clubhouse at the $

Oglethorpe County Recreation Department

Peach County

Replace current heating and air-conditioning $

Board of Education system in the Spruce Street School Complex in

Peach County

Pierce County

Promote membership, economic development $

and tourism in Pierce County

Pierce County

Completion of Lakeview Community Center in $

Pierce County

Polk County

Purchase equipment and training for Polk $

County Fire Departments

Pulaski County

Purchase uniforms and equipment for $

Board of Education Hawkinsville High School Band in Pulaski

County

Quitman County

Prepare site for Welcome Center in Quitman $

County

Randolph County

Carpet and floor replacement in flooded areas at $

Board of Education Randolph County Elementary

Richmond County Food for the poor by Harrisburg West End $

Neighborhood Association, Inc. in Richmond

County

Richmond County Restoration of the Boyhood home of President $

Woodrow Wilson and the Boyhood home of

U.S. Supreme Court Justice Joseph Rucker

Lamar by Historic Augusta, Inc.

Richmond County Continue hazardous materials investigation of $

illegal dumping with the Marshal's Department

in Richmond County

Richmond County Promote collection and management efforts of $

the Augusta/Richmond County Museum

Rockdale County

Renovate and repair the Olde Town Conyers $

15,000 10,000 40,000 10,000 25,000 25,000 20,000 35,000
2,000 15,000 30,000 40,000
25,000 35,000 25,000
25,000
30,000
25,000 15,000

WEDNESDAY, FEBRUARY 7, 2001

511

Arts Center

Screven County

Furnish additional jail beds for the Screven $

County Sheriff's Department

Seminole County

Construct and furnish weight room and field $

Board of Education house for Seminole County High School and

Middle School

Stephens County

Contract for services with the Civil Defense $

ATV in Stephens County

Stephens County

Contract for services with Stephens County $

Volunteer Fire Departments

Stewart County

Purchase uniforms, instruments, and equipment $

Board of Education for the Stewart County School for the Arts

Stewart County

Purchase a rescue truck and equipment for the $

Stewart County EMS

Sumter County

Purchase firefighting and related equipment for $

the Lake Blackshear Volunteer Fire Department

Talbot County

Train school-age to college youths in basic $

Library Trustees

computer skills in Talbot County

Taliaferro County Funds for land clearing/facilities for new $

Board of Education Taliaferro County school

Tattnall County

Contract for services with the East Collins $

Community Center for an after school program

in Tattnall County

Tattnall County

Expand/improve the canning plant at Tattnall $

Board of Education County High School

Taylor County

Purchase and install tornado warning sirens in $

Taylor County

Telfair County

Telfair County athletic program

$

Board of Education

Telfair County

Contract for services with the Telfair County $

Development Authority

Thomas County

Renovation and repairs to the Thomas County $

courthouse clock and tower

Thomas County

Purchase/install an acoustical ceiling and $

purchase furniture and equipment at the

Marguerite Neel Williams Boys and Girls Club

of Thomas County

Tift County

Development of teen court program at the Tift $

County YMCA

Tift County

Contract for services with the Red Cross in Tift $

County

Toccoa/Stephens

Planning of an airport terminal in $

County Airport

Toccoa/Stephens County

25,000 25,000
7,000 25,000 15,000 20,000 50,000 15,000 10,000 10,000
25,000 25,000 20,000 25,000 10,000 30,000
5,000 10,000 25,000

512

JOURNAL OF THE HOUSE

Authority

Town of Mitchell

Renovate and upgrade downtown sidewalk in $

the Town of Mitchell

Towns County

Construction and purchase equipment for the $

new Towns County Jail

Towns County

Purchase fire vehicle for Towns County

$

Troup County

Purchase fixtures, furniture and equipment for $

the W. J. Griggs recreation center in Troup

County

Twiggs County

Renovate courthouse in Twiggs County

$

Union County

Purchase a Fire and Rescue A.T.V. vehicle in $

Union County

Upson County

Improvements to the recreation facility in Upson $

County

Walker County

Purchase equipment for LaFayette High School $

Board of Education in Walker County

Walker County

Preservation projects for Walker County $

Historic

Walton County

Purchase uniforms and equipment for the $

Board of Education Monroe Area Comprehensive High School Band

in Walton County

Ware County

Improvements at the Ware County Recreation $

Department

Ware County

Joint Tourism Program for Ware and Pierce $

Counties

Ware County

Drain tile installation at Pierce County Industrial $

Park and site preparation for Ware County

Industrial Park

Ware County

Mobile classroom unit for Ware County Magnet $

Board of Education School and acoustical improvements at Ware

County High Gym

Warren County

Purchase furniture/fixtures for new Warren $

County Courthouse

Wayne County

Renovate Wayne County recreation and voting $

precinct building

Wheeler County

Upgrade equipment for the Recreation $

Department of Wheeler County

White County

Purchase equipment for Evening Star Music $

Series in White County

White County

Purchase equipment for Station 5 Shoal Creek in $

White County

Wilcox County

Construction of volunteer fire department for the $

Cedar Creek Fire Department in Wilcox County

10,000 50,000 15,000 20,000
19,000 10,000 25,000
5,000 7,500 13,000
25,000 10,000 25,000
50,000
15,000 25,000 10,000
5,000 5,000 5,000

WEDNESDAY, FEBRUARY 7, 2001

513

City of Abbeville City of Acworth City of Acworth City of Adairsville City of Adel City of Ailey City of Albany City of Albany City of Albany
City of Allentown City of Alma City of Ambrose City of Aragon City of Ashburn City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta

Completion of construction of Abbeville Fire $ 5,000 Department Building Purchase playground equipment for Cauble Park $ 10,000 in the City of Acworth Improvements/repairs to the Mustang Baseball $ 10,000 Field in the City of Acworth Renovate the fire hall in the City of Adairsville $ 40,000 Construction of Union Rd Veterans Park in the $ 5,000 City of Adel Renovate the historic Ailey Rosenwald School $ 15,000 Provide transportation for the Slater King Adult $ 30,000 Rehab Day Center in the City of Albany Contract for services with the Lamb Shelter Day $ 20,000 Care Center, Inc. in Albany Provide after school hour studies for the East $ 20,000 Albany area through the Greater Mt. Olive Outreach Center, Inc. Purchase a hitch tractor and lawn equipment for $ 20,000 the City of Allentown Purchase/install lighting for Linear Park in the $ 10,000 City of Alma Purchase of lighting, playground equipment and $ 5,000 softball field/tennis court improvements Recreational and parks improvements for the $ 20,000 City of Aragon Renovation and improvements to Old City $ 15,000 recreation department park area in Ashburn Contract for services with for Paradise After $ 15,000 School Program in the City of Atlanta Support a Southwest YMCA program in the City $ 25,000 of Atlanta Washington Park Ballfield Improvements in $ 10,000 Atlanta Enhance public safety for Martin Luther King, $ 50,000 Jr. Community Development in the City of Atlanta Provide housing residential improvement and $ 50,000 economic development for Pittsburgh Community Improvement Association in the City of Atlanta Contract for services with the Sickle Cell $ 100,000 Foundation of Georgia in Atlanta

514

JOURNAL OF THE HOUSE

City of Atlanta

Contract for services with the Simpson Road $

House of Hope in the City of Atlanta

City of Atlanta

Kennedy Middle School After School Tutorial $

Board of Education Program in Atlanta

City of Atlanta

Pilot program for the Awareness of Prevention $

of Substance Abuse for the Fulton Atlanta

Community Action Authority, Inc. in Atlanta

City of Baldwin

Purchase turn-out gear and fire fighting $

equipment in the City of Baldwin

City of Baldwin

Purchase duty weapons and gear for the $

Baldwin Police Department

City of Barnesville Repairs and improvements to City of Barnesville $

Fire Department

City of Baxley

Rebuild and upgrade the picnic pavilion at $

Ernest J. Parker park in Baxley

Appling County

Purchase breathing equipment for each fire $

department in the Appling County

City of Blackshear Purchase/install lighting and other improvements $

in Blackshear City Park

City of

Purchase emergency equipment and a used fire $

Bloomingdale

pumper truck for the City of Bloomingdale

City of Bowdon

Construct/improvements to a multi-purpose $

recreation facility, auditorium and gymnasium in

City of Bowdon

City of Bremen

Purchase band equipment for the Sewell Middle $

Board of Education School in the City of Bremen

City of Buchanan

Buchanan recreation department

$

City of Byron

Renovate Gymnasium and Auditorium at Old $

Byron High School

City of Camilla

Restoration of CSX train depot in Camilla for $

use as Welcome/Tourist Center

City of Canon

Improvements to the City of Canon public works $

water system

City of Carrollton Upgrading athletic facilities for boys and girls in $

Board of Education the City of Carrollton

City of Cartersville Improvements to the firing range at the $

Cartersville Police Department

City of Cave Springs Repair/replace roof for the city building and $

purchase fire equipment for the City of Cave

Springs

City of Cedartown Recreational improvements for the City of $

Cedartown at Northwest Field and Little League

40,000 60,000 10,000
10,000 7,000
10,000 5,000
10,000 10,000 50,000 60,000
32,000 15,000 25,000 25,000 25,000 15,000 5,000 45,000
30,000

WEDNESDAY, FEBRUARY 7, 2001

515

City of Chickamauga Purchase filtration equipment for City of $

Chickamauga water treatment plant

City of Claxton

Purchase equipment for Claxton Police $

Department

City of Cleveland

Extend the County Sewer Line to a new school $

in the City of Cleveland

City of Cochran

Recreation facility planning and renovation in $

the City of Cochran

City of Cochran

Develop a master plan for the Cochran Airport $

City of Coleman

Replace/repair termite infestation damage at $

Coleman City Hall

City of Colquitt

Construct a new baseball/softball facility on $

Milford Road in Colquitt

City of Commerce Replace cabinets and purchase lab equipment for $

Board of Education Commerce High School

City of Concord

Upgrade the City of Concord municipal water $

system

City of Conyers

Construct a Field of Dreams for the Miracle $

League Located in the City of Conyers

City of Culloden

Purchase fire truck and equipment for the City of $

Culloden

City of Dalton

Establishment of official visitors center through $

the Dalton Convention and Visitors Bureau

City of Darien

Purchase sewer vacuum truck for the City of $

Darien

City of Dawson

Restore Carnegie Library in the City of Dawson $

Library Trustees

City of Decatur

Contract for services with Young Life South $

DeKalb mentoring program

City of Denton

Purchase/install lights for the recreational center $

in the City of Denton

City of Dillard

Renovate and repair Dillard Farmer's Market

$

City of Doerun

Renovate building for use as a community center $

in the City of Doerun

City of Douglas

Construction of Historic Bell Tower, Eastside $

Park and Roundtree Park in the City of Douglas

Dublin City Schools Purchase computers and equipment for Dublin $

City Schools

City of Dudley

Purchase equipment for Dudley Volunteer Fire $

Department

City of East Ellijay Renovation and repairs to City Hall in East $

Ellijay

25,000 40,000 10,000 15,000 10,000
5,000 5,000 15,000 25,000 75,000 15,000 2,500 25,000 40,000 15,000 10,000 25,000 20,000 15,000 5,000 25,000 15,000

516

JOURNAL OF THE HOUSE

City of East Point City of East Dublin City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Folkston City of Folkston
City of Folkston City of Fort Valley City of Franklin Springs City of Ft. Oglethorpe City of Gainesville City of Gillsville City of Guyton City of Hahira City of Harrison City of Hazelhurst City of Helen City of Hinesville City of Hoboken

Start Up and Operations of Atlanta Fulton $

Council on Youth

Improvements to the water and sewer system in $

East Dublin

Development and construction/improvement for $

the Historic Madison Avenue School Project in

the City of Eatonton

Recreation and parks improvements for the City $

of Euharlee

Purchase and install steam serving table in the $

City of Fargo

Restore the historic Hollingsworth House in the $

City of Fayetteville

Purchase/install promotional signs for the City $

of Folkston

Improvements to the electrical system and air- $

conditioning system at the historic Mizell House

in Folkston

Planning and design of Okefenokee Research $

Center in City of Folkston

Improvements to Boys and Girls Club of Peach $

County facility in the City of Fort Valley

Purchase/install public works lift station for $

sewer system in the City of Franklin Springs

Improve sidewalk and road improvements and $

Calvary museum in City of Ft. Oglethorpe

Contract for services with Friends of the Parks in $

Gainesville

Construct and rebuild sidewalks in the City of $

Gillsville

Purchase/install air conditioning and acoustics $

for City of Guyton gym

Replace Hahira Main Street sidewalk

$

Renovate old building and construct new City $

Hall for the City of Harrison

Purchase property for Hazelhurst Community $

Center

Contract for services with the River Walk in the $

City of Helen

Equip fire station in the City of Hinesville

$

Improvements to the walking track in the City of $

Hoboken

50,000 15,000 40,000
30,000 15,000 10,000
5,000 20,000
10,000 60,000 25,000 10,000 50,000 10,000 10,000 30,000 75,000 25,000 20,000 20,000
5,000

WEDNESDAY, FEBRUARY 7, 2001

517

City of Homeland Improvements to the outdoor walking track in $

the City of Homeland

City of Jenkinsburg Develop a city park in the City of Jenkinsburg

$

City of Jesup

Improvements to a city recycling area fence and $

shelter in City of Jesup

City of Kingsland Purchase emergency equipment for the $

Kingsland Volunteer Fire Department

City of Kingston

Contract for services with the museum in the $

City of Kingston

City of Kite

Renovate and repair community center in the $

City of Kite

City of LaFayette

Purchase equipment for Nana's House in the city $

of LaFayette

City of LaFayette

Purchase additional playground equipment at the $

Linwood Memorial park in LaFayette

City of LaFayette

Improvements to the walking trail at the City of $

LaFayette Recreation Center

City of Ludowici

Install water meter and repair station for the City $

of Ludowici

City of Luthersville Repairs and renovations to the old Luthersville $

Elementary School

City of Lyons

Purchase and pave a lot at the Lyons Recreation $

Department

City of Macon

Replace/repair roof of the Booker T. $

Washington Community Center facility in

Macon

City of Macon

Contract for services with the Macon Police $

Athletic League youth program

City of Madison

Construct wheelchair accessible paved area for $

the J.E. Owen Memorial Arboretum, Inc. in the

City of Madison

City of Manchester Renovate and expand the capacity of the public $

day care center for day care slots in the City of

Manchester

City of Marietta

Purchase of elementary school music $

Board of Education keyboarding labs in City of Marietta schools

City of Marshallville Construct a sewer service for the proposed Post $

Office in Marshallville

City of McDonough Purchase/install lighting for recreation ballfields $

at Alexander Park in the City of McDonough

City of Menlo

Construct a community center for the Menlo $

Housing Authority

City of Montrose

Improvements to City of Montrose water system $

5,000 10,000 10,000 25,000 10,000 5,000 5,000 2,500 5,000 10,000 30,000 5,000 15,000
10,000 9,000
25,000
50,000 15,000 10,000 10,000 10,000

518

JOURNAL OF THE HOUSE

City of Moultrie City of Mount Zion City of Nahunta City of Nashville City of Newnan City of Odum City of Offerman City of Patterson City of Patterson
City of Pearson City of Pelham City of Pine Lake City of Pinehurst City of Pineview
City of Pitts City of Pitts City of Plains City of Quitman City of Quitman City of Ray City City of Rayle City of Rebecca

Construction of community center to serve $

Northwest Moultrie

Renovate of City of Mt. Zion Activity Center

$

Complete the City Volunteer Fire Department $

Building in Nahunta

Renovation project for multi- purpose building $

in the City of Nashville

Remodel the Newnan Community Theater $

County, Inc. building

Repair and renovate facilities adjacent to Odum $

City Hall

Purchase equipment for City of Offerman

$

Patterson Recreation Department in Patterson

$

Renovate and purchase equipment for the $

Edward (Bud) Newton Recreation Community

Center in the City of Patterson

Recreation and utility needs for the City of $

Pearson

Purchase composting equipment in the City of $

Pelham

Safety and maintenance of public buildings in $

the City of Pine Lake

Renovate the Old Depot in City of Pinehurst for $

Community Gathering Center

Expansion of building occupied by the Clerk's $

office, Council, Chamber, Municipal Courtroom

and Police Headquarters in the City of Pineview

Construction of a spec building for the Industrial $

Park in the City of Pitts

Planning of Industrial Complex in Wilcox $

County

Purchase/install emergency water well for City $

of Plains

Repairing and upgrading of Humane Society $

Animal Shelter in Quitman

Repair to the former City Hall of Quitman

$

Construct a multi-purpose recreation facility in $

Ray City

Repair water system and purchase equipment for $

fire department in Rayle

Construction, equipment and supplies for the $

City of Rebecca recreation area

25,000 15,000 10,000 20,000 10,000 5,000 5,000 5,000 5,000
10,000 25,000 20,000 15,000 10,000
25,000 10,000 34,000 10,000 40,000 10,000 14,000
7,500

WEDNESDAY, FEBRUARY 7, 2001

519

City of Riverdale

Improvements for city park including repairs and $

purchasing equipment in the City of Riverdale

City of Rochelle

Renovation and repair to City Hall in the City of $

Rochelle

City of Rockmart

Provide recreational funds for the City of $

Rockmart

City of Rome

Purchase automatic defibrillators and train $

personnel at the Rome Floyd County Fire

Department

City of Rome

Contract for services with the National Creative $

Society for "Children Helping Children" in the

City of Rome

City of Rome

Renovate Rome Area History Museum to meet $

ADA requirements

City of Roswell

Promote the Chattahoochee River Trail System $

for the Roswell Convention and Visitors Center

City of Savannah

Replace all lights in the W.W. Law Regional $

Center, a multi-recreational center.

City of Savannah

Improvements to the Cultural Affairs $

Commission building in Savannah

City of Savannah

Purchase equipment and medical supplies for $

Savannah Health Mission clinic

City of Savannah

Repair exterior of the Economic Opportunity $

Authority Building

City of Savannah

Purchase green space/park for Liberty City $

Community in the City of Savannah

City of Screven

Construct tennis court and purchase $

defibrillators for the City of Screven

City of Smyrna

Construct an arboretum walking trail for the $

Keep Smyrna Beautiful, Inc.

City of Smyrna

Promote the Smyrna Revitalization Authority $

Project

City of Social Circle Repair of sewer line in the City of Social Circle $

City of Soperton

Renovate/repair and purchase equipment for $

City of Soperton Fire Department

City of Sparta

Revitalization of downtown business district and $

sidewalks in the City of Sparta

City of Sumner

Renovate the sprinkler system in the Old $

Sumner School auditorium

City of Sycamore

Improvements to City Park and purchase $

recreation equipment in the City of Sycamore

City of Sylvester

Improvements and purchases for the Margaret $

10,000 10,000 30,000 15,000
30,000
20,000 10,000 10,000 10,000 15,000 75,000 50,000 10,000
5,000 10,000 30,000 17,000 10,000 10,000 10,000 10,000

520

JOURNAL OF THE HOUSE

Library Trustees

Jones Public Library

City of Sylvester

Renovation and improvements to historic $

Jeffords park in Sylvester

City of Talbotton

Improvements to the Kiddie Park in the City of $

Talbotton

City of Tallapoosa Contract for services with the City of Tallapoosa $

recreation department

City of Thomasville Contract for the services for the Genesis Food $

Park

City of Thunderbolt Operating expenses for the Thunderbolt Council $

for assistance for two major drinking water

projects

City of Tiger

Purchase fire and rescue equipment for the City $

of Tiger

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

$

City of Tybee Island Funds for educational beach walks and $

ecosystem tours for school children for the City

of Tybee Island

City of Tybee Island Purchase/install snow fencing for Tybee Island $

beach work

City of TyTy

Improvements to the Central park walking area $

and recreation equipment purchase for the City

of TyTy

City of Valdosta

Contract for services with the Valdosta Food $

Bank

City of Valdosta

Repair Lowndes County Historical Society and $

Museum building

City of Valdosta

Maintenance and repairs for Valdosta/Lowndes $

Arts Commission

City of Vidalia

Construct a walking trail and resurface tennis $

courts at the Vidalia Recreation Department

City of Villa Rica

Develop ballfields and soccer fields for the City $

of Villa Rica

City of Walthourville Purchase equipment for the City of $

Walthourville

City of Warner

Operating expenses for Warner Robins $

Robins

Convention and Visitors Bureau

City of Warner

Acquisition and development of greenway $

Robins

corridor in the City of Warner Robins

20,000 35,000 15,000 50,000 45,000
10,000 15,000
29,000 25,000
50,000 7,500
35,000 5,000 5,000
20,000 15,000 10,000 25,000 25,000

WEDNESDAY, FEBRUARY 7, 2001

521

City of Watkinsville Renovate the old school building into arts $

facility for the Oconee County Arts Foundation,

Inc. in the City of Watkinsville

City of Whigham

Renovate Voting Precinct / Court Room in the $

City of Whigham

City of Woodland Purchase/install lighting for Woodland $

Community Park

City of Wrightsville Repair and renovate the City of Wrightsville $

Fire Department

Appling County

Construct two buildings for the Appling County $

Fire Department

Athens-Clarke

Improvements to the Clarke County recreational $

County

facilities

Athens-Clarke

Pave parking lot for the Athens Boys and Girls $

County

Club

Baker County

Pave lot and construct playground for Baker $

Board of Education County Schools

Baldwin County

Purchase/install lighting for Baldwin High $

Board of Education School ball field

Barrow County

Improvements to the Barrow County $

recreational facilities

City of Kingston

Construct a street in the City of Kingston

$

Bartow County

Improvements to several athletic fields for $

Bartow County Recreation Department

Bartow County

Upgrade Pine Log Fire Department in Bartow $

County

Bartow County

Purchase equipment for Folsom Fire Department $

in Bartow County

Bartow County

Renovate/construct Kingston Elementary School $

Outdoor Campus in Bartow County

Bartow County

Purchase equipment for Bartow County Fire $

Department

Berrien County

Maintain Connell Confederate Cemetery in $

Berrien County

Bryan County

Purchase equipment for the Baconton Fire $

Station in Bryan County

Bryan County

Purchase equipment for the Mill Creek Fire $

Station in Bryan County

Camden County

Upgrade the Fire Safety House in Camden $

County

Chatham County

Purchase outdoor equipment for Chatham $

County Recreation Department for Lake Mayer,

15,000
10,000 10,000 28,000 16,000
8,000 21,000 20,000 20,000
8,000 28,000 35,000 8,000 8,000 9,000 7,000 15,000 12,000 12,000 32,000 24,000

522

JOURNAL OF THE HOUSE

Scott Stell, and Tom Tripplett Parks

Chatham County

Purchase books and materials for Chatham $ 40,000

Library Trustees

County main library

Chattahoochee

Drill groundwater well and replace pump in $ 60,000

County

Chattahoochee County

Chattahoochee

Renovate classrooms for in Chattahoochee $ 60,000

County Board of County schools

Education

Chickamauga City Resurface Gordon Lee High School track in $ 24,000

Board of Education Chickamauga

Clarke County

Contract for services with the Food Bank of $ 20,000

Northeast Georgia in Clarke County

Clay County

Develop feasibility study and plan for proposed $ 90,000

Development

Clay County retirement facility

Authority

Clayton County

Purchase playground equipment for International $ 30,000

Park in Clayton County

Clayton County

Construct/repair sidewalks and drainage system $ 100,000

for the City of Forest Park

Clayton County

Purchase equipment for the Forest Park Athletic $ 25,000

Association in the City of Forest Park

Clayton County

Contract for services with the Economic $ 8,000

Development and Training Program, Inc. in

Clayton County

Clayton County

Purchase/install lighting for Lovejoy High $ 33,000

Board of Education School softball field in Clayton County

Cobb County

Contract for services for Sweetwater Valley $ 100,000

Camp in Cobb County

Cobb County

Improvements to Fuller Park Recreational $ 20,000

Facility in Cobb County

Coffee County

Construct activity room for Concerted Services, $ 40,000

Inc. in Coffee County

Columbia County

Replace radio communications for Columbia $ 15,000

County Sheriff's Office

Cook County

Replace roof of Cook County Library

$ 65,000

Library Trustees

Crisp County

Purchase equipment for the Crisp County High $ 4,000

Board of Education School JROTC

Dade County

Improvements to recreational facilities in Dade $ 48,000

County

Dawson County

Construct the Dawson County High School $ 40,000

stadium facility

Decatur County

Contract for services with Albany ARC in $ 34,000

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 DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County
DeKalb County

WEDNESDAY, FEBRUARY 7, 2001

523

Decatur County

Contract for services with The Legacy Program $ 40,000

in DeKalb County

Furnish rooms at the Women's Resource Center $ 8,000

in DeKalb County

Expand services provided by Mary Lin $ 4,000

Mentoring Program in DeKalb County

Contract for services with Project Impact $ 40,000

Atlanta/DeKalb, Inc.

Purchase an emergency lift for the City of $ 13,000

Chamblee Public Works Department

Contract for services with Operation Peace in $ 40,000

DeKalb County

Contract for services with the DeKalb Teen $ 120,000

Pregnancy Program

Expand/renovate Leigh Cottage of the Children's $ 72,000

Home in DeKalb County

Purchase a van in DeKalb County

$ 20,000

Purchase/install computers and software for the $ 8,000

Neighborhood Playhouse in DeKalb County

Expand public awareness campaign for the $ 20,000

Georgia Association for Prader-Willi Syndrome,

Inc. in DeKalb County

Contract for services with the Building Young $ 32,000

Families in DeKalb County

Construct a senior service facility for Senior $ 48,000

Connections, Inc. in DeKalb County

Contract for services with Georgia Gives Back, $ 75,000

Inc. in DeKalb County

Contract for services with the AIDS Epidemic $ 64,000

program in DeKalb County

Purchase and renovate Transitional Home for $ 80,000

Women and Girls facility in DeKalb County

Purchase van and maintenance for Scottsdale $ 20,000

Child Development and Family Resource Center

in DeKalb County

Contract for services with the Positive Growth $ 20,000

Youth Home for Boys in DeKalb County

Contract for services with the Scottdale $ 40,000

Community Planning Council for improved

housing and programs

Contract for services with the "Shop With A $ 8,000

Cop" program in DeKalb County

524

JOURNAL OF THE HOUSE

DeKalb County

Purchase/install computers and software for the $

Board of Education DeKalb Board of Education

Dodge County

Upgrade Dodge County fire stations

$

Albany/Dougherty E-commerce study for Albany/Dougherty $

County Payroll

County Payroll Development Authority

Development

Authority

Dougherty County Contract for services for early intervention $

programs for preschool at Albany ARC in

Dougherty County

Douglas County

Purchase playground equipment for park in City $

of Palmetto in Douglas County

Douglas County

Purchase equipment for Lithia Springs High $

Board of Education School College and Career Center in Douglas

County

Douglas County

Purchase/install computers and software for the $

Board of Education Douglas County schools

Effingham County Construct shelter in community park in $

Effingham County

Effingham County Purchase/install communications system for $

Effingham County Fire Department

Elbert County

Construct a softball field at Elbert County High $

School

Elbert County

Renovate the Elbert Theater in the City of $

Elberton

Evans County

Purchase equipment for Evans County Fire $

Department

Evans County

Repair/replace roof for Clayton Head Start for $

Board of Education Evans County Board of Education

Fayette County

Joseph Sams School in Fayette County

$

Board of Education

Floyd County

Construct ballfield for Horace Anthony $

Recreation Center in Floyd County

Floyd County

Restoration of Chieftain's Museum in Rome

$

Floyd County

Contract for services with the 100 Black Men $

mentoring program in Floyd County

Floyd County

Contract for services with the Rome Area $

History Museum in Floyd County

Franklin County

Construct a little League Ballpark in Lavonia in $

Franklin County

Fulton County

Purchase equipment and furniture for Tuskegee $

Airmen, Inc. in Fulton County

4,000 8,000 50,000
33,000
20,000 16,000
38,000 12,000 24,000
8,000 40,000 12,000
8,000 80,000 50,000 20,000 20,000 20,000 20,000 10,000

WEDNESDAY, FEBRUARY 7, 2001

525

Fulton County

Revitalize the Martin Luther King, Jr. Corridor $ 60,000

in Fulton County

Fulton County

Contract for services with South Fulton Clean $ 24,000

and Beautiful

Fulton County

Repair/replace plumbing in Foundation Facility $ 100,000

and Program Operations in Fulton County

Fulton County

Contract for services with AUDIENCE, Inc. in $ 40,000

Fulton County

Fulton County

Contract for services with the Old National $ 40,000

Wrap-Around Collaborative in Fulton County

Fulton County

Contract for services with Nonprofits for $ 20,000

Nonprofits, Inc. in Fulton County

Fulton County

Contract for services with The Metro Life $ 24,000

Center, Inc. in Fulton County

Fulton County

Contract for services with KidsGym USA in $ 40,000

Fulton County

Fulton County

Improve structure and purchase equipment for $ 36,000

The Connector, Inc. in Fulton County

Fulton County

Contract for services with Alternative Choices $ 36,000

Corporation in Fulton County

Fulton County

Purchase/install lighting for Tri-Cities High $ 53,000

Board of Education School ball field in Fulton County

Gilmer County

Restore/repair court and real estate records of $ 12,000

Gilmer County

Glascock County

Renovate the People's House and purchase $ 26,000

equipment for Glascock County Fire Department

Glynn County

Construct/renovate entrance and parking lot of $ 24,000

Glynn County Animal Control Building

Glynn County

Implement plan for development of Altamaha $ 8,000

Regional Park in Glynn County

Glynn County

Purchase/install lighting for North Glynn $ 20,000

Recreation Park

Grady County

Purchase fire hose for Grady County

$ 16,000

Gwinnett County

Improvements to the Brookwood High School $ 40,000

Board of Education Athletic Complex including refinishing the gym

floor

Gwinnett County

Improvements to the Shiloh High School $ 40,000

Board of Education Athletic Complex in Gwinnett County

Gwinnett County

Renovate the Physical Education and Athletic $ 80,000

Board of Education facilities in Gwinnett County

Habersham County Purchase equipment for Habersham County $ 12,000

Volunteer Fire Department

526

JOURNAL OF THE HOUSE

Habersham County Purchase building for the Habersham Soup $

Kitchen

Habersham County Develop feasibility study and plan to preserve $

and protect the land and water known as

Habersham Mills in Habersham County

Hall County

Improvements to Johnson High School in Hall $

Board of Education County

Hall County

Restoration of North Hall High School athletic $

Board of Education field in Hall County

Hancock County

Expand Summer Science and Summer Band $

Board of Education programs in Hancock County schools

Heard County

Construct and pave the parking lot for the Heard $

County Mental Health Center

Jackson County

Construct an Agricultural Building at Jackson $

Board of Education County High School

Jefferson County

Contract for services with Jefferson County $

Economical Development to attract, retain and

expand businesses withing the community

Jenkins County

Install ADF network for the Jenkins County $

Airport

Jenkins County

Expand Extension Education Center in Jenkins $

County

Jenkins County

Purchase equipment for Jenkins County Hospital $

Hospital Authority Authority

Jones County

Develop feasibility study and plan for Jones $

County water system

Liberty County

Construct a multi-purpose education facility in $

Liberty County

Liberty County

Improvements to recreational facilities in $

Liberty County

Liberty County

Contract for services with the Eleven Black Men $

of Liberty County

Lincoln County

Resurface parking lot of the Lincolnton

Clubhouse in Lincoln County

$

Lincoln County

Purchase/install lighting and fencing for Lincoln $

County Recreation Department

Lowndes County

Construct a Youth and Teen Center for the $

YMCA in Lowndes County

Lowndes County

Repair/restore Lake Park Elementary School $

Board of Education gym in Lowndes County

Lowndes County

Resurface the track at Lowndes County High $

Board of Education School

20,000 40,000
25,000 60,000
8,000 32,000 40,000 40,000
16,000 4,000
16,000 20,000 20,000 40,000 16,000
6,500 8,000 60,000 22,000 24,000

WEDNESDAY, FEBRUARY 7, 2001

527

Lumpkin County

Purchase/install lighting for youth softball field $

in Lumpkin County

Lumpkin County

Purchase equipment for Lumpkin County $

Volunteer Fire Department

Lumpkin County

Contract for services for Community Care $

Shelter in Lumpkin County

Meriwether County Renovate the WPA Building in Meriwether $

County

Meriwether County Construct and purchase equipment for two $

Board of Education elementary schools in Meriwether County

Miller County

Restore/refurbish agricultural "show barn" $

located in Miller County

Montgomery County Improvements to the Montgomery County $

Board of Education Middle/High School sports facilities

Morgan County

Contract for services for the Morgan County $

African American Cultural Center

Oconee County

Improvements to the Oconee County $

recreational facilities

Oconee County

Renovate/restore the William Daniel House in $

Oconee County

Paulding County

Purchase band uniforms and equipment for the $

Board of Education Paulding County Board of Education

Polk County

Purchase equipment for the Polk County Fire $

Department

Quitman County

Develop feasibility study and plan for marina in $

Quitman County

Rabun County

Purchase equipment for Rabun County $

Volunteer Fire Department

Rabun County

Develop feasibility study and plan for a rural $

Hospital Authority hospital in Rabun County

Richmond County Construct ball field for Master City Little $

League in Richmond County

Richmond County Contract for services with the Delta House, Lucy $

Craft Laney Museum in Richmond County

Richmond County Contract for services with Southeastern $

Firefighters' Burn Foundation in Richmond

County

Richmond County Purchase equipment for Boxing Club in $

Richmond County

Richmond County Contract for services with the CSRA Economic $

Opportunity Authority in Richmond County

Richmond County Improvements/construction for the Eastview $

Recreation Center in Richmond County

8,000 4,000 8,000 40,000 51,000 52,000 8,000 8,000 8,000 16,000 57,000 25,000 40,000 12,000 32,000 24,000 20,000 44,000
24,000 40,000 75,000

528

JOURNAL OF THE HOUSE

Richmond County Contract for services with the Safe Communities $

Coalition of Augusta in Richmond County

Richmond County Contract for services with the Southside Tutorial $

Program in Richmond County

Richmond County Contract for services with the Delta Leadership $

Training Program in Richmond County

Richmond County Purchase equipment for Lucy Laney High $

Board of Education School in Richmond County

Richmond County Purchase equipment for Davidson School of $

Board of Education Fine Arts in Richmond County

Richmond County Contract for services with the Augusta Ballet in $

Richmond County

Schley County

Construct Schley County High School

$

Board of Education

Screven County

Purchase/install equipment and fixtures for $

Screven County Technical and Adult Education

Center

Screven County

Repair/replace roof and building at Screven- $

Library Trustees

Jenkins Regional Library

Seminole County

Construct weight facility for Seminole County $

Board of Education Board of Education

Spalding County

Expand Griffin Tech Literacy Program in $

Spalding County

Stephens County

Purchase monitoring and security equipment for $

new courthouse in Stephens county

Construct relay tower to provide internet access $

Stewart County

to Stewart County Schools

Board of Education

Taliaferro County Purchase land for Taliaferro schools

$

Board of Education

Tattnall County

Expand meeting room for Tattnall County

$

Tattnall County

Contract for services with the Tattnall County $

Hospital Authority

Tattnall County

Construct teaching and canning facility for $

Board of Education Tattnall County Schools

Terrell County

Repair/replace roof at Historic Hill & Hill $

Preservation Society in Dawson in Terrell

County

Terrell County

Construct/paint building at the Dawson-Terrell $

County Airport

Thomas County

Restore clock and clock tower for Thomas $

County Courthouse

20,000 32,000 16,000
8,000 50,000 20,000 80,000 20,000
16,000 20,000 40,000 20,000 10,000
8,000 16,000 40,000 20,000 20,000
64,000 28,000

WEDNESDAY, FEBRUARY 7, 2001

529

Thomas County

Asphalt area at Thomas County High School

$

Board of Education

Tift County Board of Purchase rail car for the Tifton Terminal $

Commissioners

Railway Museum

Town of Mitchell

Renovate/upgrade downtown sidewalks in Town $

of Mitchell

Town of Tyrone

Construct ball field for Town of Tyrone

$

Towns County

Purchase equipment for Towns County $

Volunteer Fire Department

Treutlen County

Easter Seals in Treutlen County

$

Treutlen County

Repair Treutlen County DFCS offices

$

Twiggs County

Purchase furnishings for the Twiggs County $

Courthouse

Union County

Purchase equipment for Union County $

Volunteer Fire Department

Union County

Develop feasibility study and plan for Farmer's $

Market in Union County

Walker County

Renovate Walker County courthouse

$

Ware County

Purchase Fire Safety House and towing vehicle $

for Ware County/City of Waycross Fire

Department

Warm Springs

Construct the Warm Springs Welcome Center

$

Downtown

Development

Authority

Warren County

Purchase equipment and furnishings for Warren $

County Courthouse

Wayne County

Purchase materials and construct fire station for $

Madray Springs Volunteer Fire Department in

Wayne County

Wheeler County

Purchase equipment and maintenance for $

Wheeler County recreation facilities

White County

Contract for services with White County $

Homework Centers

White County

Repair drainage problems and apply sod to $

White County High School baseball field

White County

Develop feasibility study and plan and $

marketing materials for economic development

in White County

White County

Renovate White County Courthouse

$

White County

Purchase equipment, computers, books and $

supplies to establish a Boys and Girls Club in

12,000 64,000
8,000 20,000 4,000 15,000 12,000 80,000 4,000 12,000 60,000 32,000
35,000
80,000 16,000
8,000 8,000 12,000 20,000
40,000 20,000

530

JOURNAL OF THE HOUSE

White County

Whitfield County

Construct parks and recreation area on $ 40,000

Cleveland Highway

Whitfield County

Purchase the Hamilton House for $ 104,000

Whitfield/Murray Historical Society

Whitfield County

Purchase of band uniforms for Whitfield High $ 16,000

Board of Education School Band

Wilkinson County Develop feasibility study and plan for Balls $ 27,000

Ferry Park on the Oconee River in Wilkinson

County

City of Acworth

Pave parking lot for City of Acworth Parks and $ 12,000

Recreation Department

City of Acworth

Construct multi-purpose court for the City of $ 8,000

Acworth Parks and Recreation

City of Acworth

Purchase police vehicle for the City of Acworth $ 16,000

Police Department

City of Alamo

Purchase/install HVAC system at the Alamo $ 8,000

Civic Center

City of Alma

Improvements to two inner city parks in the City $ 8,000

of Alma

City of Aragon

Develop/construct city park in Aragon

$ 16,000

City of Atlanta

Contract for services with Apex Museum in the $ 100,000

City of Atlanta

City of Atlanta

Contract for services with the United $ 40,000

Community Association, Inc. in Atlanta

City of Atlanta

Improvements to Adams and John H. White $ 38,000

Park ballfields in Atlanta

City of Atlanta

Repair homes of Senior Citizens in Washington $ 40,000

Park and Washington High Neighborhoods in

Atlanta

City of Atlanta

Develop feasibility study and plan for $ 32,000

Morningside neighborhood in Atlanta

City of Atlanta

Develop feasibility study and plan for Ansley $ 32,000

Park Neighborhood in Atlanta

City of Atlanta

Contract for services with the Albert J. Edmonds $ 96,000

Leadership Development Program in the City of

Atlanta

City of Atlanta

Contract for services with Atlanta Public $ 20,000

Schools for a parent task force

City of Bartow

Purchase equipment and improve City of Bartow $ 2,500

park

City of Blakely

Extend the water lines in the City of Blakely

$ 12,000

City of Broxton

Construct memorial for the Broxton Police $ 4,000

WEDNESDAY, FEBRUARY 7, 2001

531

City of Buena Vista City of Cartersville City of Cedartown City of Chester City of Clarkston City of Cleveland City of Cleveland City of Climax City of Colquitt
City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Commerce City of Cordele City of Cusseta City of Cuthbert

Department

Purchase breathing apparatus for the City of $

Buena Vista Fire Department

Renovate/upgrade recreational facilities in $

Cartersville

Construct multi-purpose facility for the City of $

Cedartown

Replace windows at Chester City Hall

$

Purchase sanitation truck and A-300 E-Z Pack $

for City of Clarkston

Purchase/install water line for new school in $

City of Cleveland

Purchase equipment for Cleveland Volunteer $

Fire Department

Renovate gym for the City of Climax

$

Establish the Community Development $

Corporation of Southwest Georgia in the City of

Colquitt

Contract for services with the Veterans' Life $

Action Center, Inc. in the City of Columbus

Contract for services with the Drug Fighters of $

Columbus

Contract for services with Southwest Against $

Drugs in Columbus

Contract for services with Rediscovery for $

retraining in Columbus

Contract for services with the Columbus Literate $

Community Program, Inc.

Contract for services with Peabody in Columbus $

Contract for services with the Columbus Teen $

Parenting Center

Contract for services with the Columbus $

Housing Authority for Welfare to Work

Contract for services with the Columbus Youth $

Network

Contract for services with the Columbus Police $

Department for training

Improvements to the Commerce Civic Center

$

Construct new Cordele animal shelter

$

Construct facility and purchase truck and $

generator for the Cusseta City Pound

Design/construct community band shell in the $

Iris Garden in the City of Cuthbert

12,000 32,000 56,000
4,000 61,000
4,000 4,000 12,000 8,000
8,000 15,000 12,000 12,000 16,000 12,000 28,000
8,000 15,000 12,000 40,000 40,000 18,000 20,000

532

JOURNAL OF THE HOUSE

City of Cuthbert

Landscape the Music Mile Fletcher Henderson $

Jazz Festival

City of Dallas

Remodel Dallas City Hall complex

$

City of Dalton

Contract for services with the Northwest $

Georgia Girl's Home in Dalton

City of Darien

Purchase sewer vacuum truck for the City of $

Darien

City of Donalsonville Beautify downtown Donalsonville including $

construction of a pavilion and purchase of

entrance signs

City of Dublin

Construct domestic violence shelter for WINGS $

in Dublin

City of Eatonton

Purchase/install lighting on Highway 16 for the $

City of Eatonton

City of Eatonton

Develop feasibility study and plan for city of $

Eatonton/Putnam County Project

City of Euharlee

Remodel Euharlee City Hall complex

$

City of Fargo

Restore ballfields for the City of Fargo $

Recreation Departments

City of Fayetteville Restore Holliday-Dorsey-Fife House in City of $

Fayetteville

City of Flowery

Improvements to the City of Flowery Branch

$

Branch

City of Fort Valley Renovate the Groutman House in City of Fort $

Valley

City of Gainesville Develop and construct storm water retention $

projects for Gainesville Parks and Recreation

Agency

City of Glennville Purchase equipment for Glennville Fire $

Department

City of Glennville Purchase/install lighting for Glennville $

Recreation Department

City of Hephzibah Contract for services with Unlocking the Mind $

in Hephzibah

City of Helena

Upgrade the Helena Fire Department

$

City of Hiram

Renovate/upgrade recreational facilities in City $

of Hiram

City of Hoboken

Purchase computer software for Brantley County $

police and recreation departments

City of Hogansville Repair/replace the electricity service lines in $

Hogansville

City of Ideal

Renovate the City of Ideal police department

$

5,000 56,000 40,000 20,000 16,000
28,000 3,500 8,000
52,000 17,000 20,000 40,000 60,000 40,000
12,000 12,000 25,000
8,000 16,000
4,000 40,000 12,000

WEDNESDAY, FEBRUARY 7, 2001

533

City of Jacksonville Upgrade the Jacksonville Police Department

$

City of Jesup

Purchase vehicle and establish fire prevention $

program for City of Jesup Fire Department

City of Jonesboro

Develop family park in the City of Jonesboro

$

City of Lake City

Purchase equipment for Lake City Police $

Department

City of Lafayette

Develop feasibility study and plan for water $

distribution evaluation in Lafayette

City of Leary

Repair water system in the City of Leary

$

City of Ludowici

Repair the Old Depot in Ludowici

$

City of Ludowici

Purchase/install water meters for the City of $

Ludowici

City of Macon

Repair Booker T. Washington Center in Macon $

City of Macon

Contract for services with the Adult Literacy $

Program in Macon

City of Macon

Promote movie making and recording industry $

in Macon

City of Metter

Purchase equipment for City of Metter Police $

Department

City of Milan

Purchase trash truck for City of Milan

$

City of Milledgeville Contract for services with the Oconee Family $

Crisis Center, Inc. in Milledgeville

City of Millen

Improvements to City of Millen Cemetery

$

City of Monticello Develop Jasper County Farmer's Market Park in $

Monticello

City of Monticello Construct multi-purpose playing field for $

Funderburg Park in Monticello

City of Morrow

Contract for services with Prevention Plus Teen $

Center in Morrow

City of Morven

Renovate the former Morven High School $

building for office use

City of Ocilla

Upgrade City of Ocilla recreational facilities

$

City of Odum

Purchase land for parking lot for Odum $

Community Center

City of Oglethorpe Restore Flint River Ferry in the City of $

Oglethorpe

City of Patterson

Renovate and upgrade playground at Patterson $

Recreation Department

City of Pavo

Repair/replace lunchroom roof for the Pavo $

Recreation Center

City of Pembroke

Construction/improvements to the City of $

Pembroke recreational facilities

4,000 4,000
20,000 10,000
34,000
3,500 16,000 8,000
80,000 40,000
40,000
8,000
8,000 12,000
8,000 32,000
32,000
13,000
16,000
4,000 12,000
16,000
8,000
12,000
12,000

534

JOURNAL OF THE HOUSE

City of Pine Lake

Maintenance of existing generator and purchase $ 20,000

of a generator

City of Pineview

Expand Pineview city hall

$ 40,000

City of Pooler

Purchase "Jaws of Life" for Pooler Fire $ 25,000

Department

City of Powder

Contract for services with the George Ford $ 150,000

Springs

Center in Powder Springs

City of Reidsville

Pave parking lot for Reidsville Recreation $ 12,000

Department

City of Reidsville

Pave parking lot for Reidsville Airport Authority $ 20,000

City of Remerton

Purchase/install culverts and gutters in the City $ 40,000

of Remerton

City of Rhine

Pave parking lot for Rhine Community Center

$

4,000

City of Richland

Renovate the old Railroad Depot in City of $ 24,000

Richland

City of Rockmart

Construct multi-purpose facility for the City of $ 68,000

Rockmart

City of Rossville

Construct handicapped accessible restrooms for $ 24,000

the City of Rossville's recreation area

City of Sandersville Revitalize downtown Sandersville city park and $ 11,000

monument

City of Savannah

Purchase/install air conditioner at Frank Callen $ 56,000

Boys and Girls Club gym in Savannah

City of Screven

Purchase police car for Screven Police $ 8,000

Department

City of Smyrna

Construction and land improvements for Cobb $ 50,000

Veterans' Memorial in Smyrna

City of Soperton

Complete ballfields for the City Soperton

$ 8,000

City of Sparks

Contract for services with Project Turn Around $ 24,000

in City of Sparks

City of Sparta

Revitalize downtown Sparta business districts $ 8,000

and sidewalks

City of Stapleton

Repair erosion problems for the City of $ 40,000

Stapleton

City of Stone

Install HVAC system in gymnasium for City of $ 20,000

Mountain

Stone Mountain

City of Summerville Develop feasibility study to determine long $ 28,000

range water needs in the City of Summerville

City of Swainsboro Upgrade facilities at the Swainsboro recreation $ 12,000

complex

City of Thomasville Contract for services with the Genesis Food Park $ 62,000

in the City of Thomasville

WEDNESDAY, FEBRUARY 7, 2001

535

City of Thomasville Refurbish track and re-roof equipment storage $

Board of Education building at Thomasville High School

City of Thomson

Purchase multi-purpose vehicle for Thomson $

Fire Department

City of Thunderbolt Purchase/install lawn sprinkler system for the $

Thunderbolt Community Improvement

Association

City of Thunderbolt Restore water well and upgrade water lines in $

the City of Thunderbolt

City of Thunderbolt Refurbish museum in Thunderbolt

$

City of Twin City

Renovate recreation complex in Twin City

$

City of Tybee Island Contract for services with Tybee Island Marine $

Science Center for educational tours for children

City of Vienna

Contract for services for a day program for older $

adults with disabilities at the Albany ARC

through the City of Vienna

City of Warrenton Renovate the City of Warrenton sports complex $

and tennis courts

City of Warrenton Purchase two emergency generators for City of $

Warrenton

City of Willahoochee Purchase playground equipment for $

Willahoochee City Parks

City of Williamson Upgrade the City of Williamson water system

$

City of Woodbury Improvements to the Woodbury sewer system

$

City of Wrightsville Renovate/repair downtown sidewalks in $

Wrightsville

City of Yatesville

Construct Yatesville Community Library

$

Library Trustees

City of Warner

Contract for services from the Aviation Museum $

Robins

in Warner Robins

Clayton County

Purchase/install playground system in Clayton $

County

City of Morrow

Purchase supplies and equipment for the $

Prevention Plus Teen Center in the City of

Morrow

City of Lake City

Purchase voice analyzer and hire an operator to $

assist in criminal investigations in the City of

Lake City

Bleckley County

Bleckley County Cochran Recreation $

Commission

City of Hawkinsville Contract for services with the Arts Council in $

Hawkinsville

City of Savannah

Economic development study for Savannah

$

12,000 24,000
1,500
52,000 16,000 12,000 20,000 33,000
12,000 32,000
4,000 12,000 40,000 8,000 40,000 80,000 30,000 13,000
10,000
25,000 15,000 65,000

536

JOURNAL OF THE HOUSE

Buchanan County Renovation/repair of Buchanan Historic County $ 450,000

Courthouse

Columbus/Muscogee Contract for services with Springer Opera House $ 125,000

County

in Columbus

Columbus/Muscogee Contract for services with Woodruff Civil War $ 100,000

County

Museum in Columbus/Muscogee County

Columbus/Muscogee Contract for services with Liberty Theater in $ 125,000

County

Columbus/Muscogee County

City of Fargo

Purchase/install playground equipment for the $ 20,000

City of Fargo

Effingham County Contract for services with the STARR Program $ 10,000

in Effingham County

DeKalb County

Contract for services with the Student Learning $ 40,000

and Achieving in Math program in DeKalb

County

Southwest Georgia Contract for services with the Southwest $ 150,000

Railroad Authority Georgia Railroad Excursion Authority

City of St. George Purchase fire knocker truck for St. George $ 60,000

Volunteer Fire Department

City of Leslie

Purchase fire knocker truck for Leslie Volunteer $ 70,000

Fire Department

City of Homerville Purchase fire truck for Homerville Volunteer $ 60,000

Fire Department

City of Chaserville Purchase fire knocker truck for Chaserville- $ 60,000

Massee Volunteer Fire Department

City of Thomson

Purchase multi-purpose vehicle for Thomson $ 25,000

Volunteer Fire Department

Glascock County

Renovate fire knocker truck for Glascock $ 15,000

Volunteer Fire Department

Camden County

Convert 2 military surplus trucks to fire trucks $ 30,000

for Camden County Volunteer Fire Department

Waycross Count

Completion of Fire Safety House for Waycross- $ 30,000

Ware County Fire Department

Hancock County

Purchase ambulance for Hancock County

$ 75,000

Hancock County

Purchase fire truck for Hancock County

$ 50,000

Burke County

Construct/operate a public fishing area in Burke $ 250,000

County

City of Chatsworth Expand/repair the City of Chatsworth $ 280,000

water/sewer system

City of Concord

Conduct a water supply study in the City of $ 25,000

Concord

Fulton County

Contract for services with High Plains Center in $ 100,000

Fulton County

WEDNESDAY, FEBRUARY 7, 2001

537

DeKalb County
City of Columbus
City of Lithia Springs
Fayette County
Miller County
Laurens County
Cobb County Greene County
Ocmulgee Regional Library Trustees Mitchell County Board of Education City of Columbus
Richmond County Development Authority
City of Augusta/Richmond County
City of Albany
City of Albany
Haralson County Bibb County
Cobb County
Syrup City

Contract for services with Project Impact, Atlanta/DeKalb County Feasibility study and planning for a trade center in Columbus Construct Student Learning Center in Lithia Springs Capital outlay for park or other recreational purposes in Fayette County Construct an agricultural facility in Miller County Purchase right-of-way and construct roads for Laurens County Repair/renovate roof for Cobb Senior Center Greene County right of way beautification project Purchase bookmobile for Ocmulgee Regional Library Operation and storm repairs for Mitchell County Schools Improvements to the Convention Center and Liberty Theater in Columbus Administration costs, land acquisition, improvements and other capital outlay and development costs to promote tourism, community and economic development, housing and housing rehabilitation, medical research and healthcare facilities in the City of Augusta/Richmond County Contract for services with the Augusta Mini Theater
To provide funds for a stadium allowing a joint use with Albany State University in the City of Albany Construction of the Flint River Center in the City of Albany Expand internet access in Haralson County Contract for services with the Harriet Tubman Museum in Bibb County Renovations/improvements to the Mable House in Cobb County Renovate the Syrup City Performing Arts Center

$ 150,000 $ 265,000 $ 450,000 $ 350,000 $ 65,000 $ 800,000 $ 25,000 $ 25,000 $ 100,000 $ 250,000 $ 11,000,000 $ 9,000,000
$ 1,000,000
$ 5,000,000
$ 5,000,000 $ 2,200,000 $ 1,750,000 $ 1,000,000 $ 1,000,000

538

JOURNAL OF THE HOUSE

City of Cartersville Construct a civic and economic center in the

City of Cartersville

Hart County

Contract for services with water and sewage

facilities in Hart County

City of St. Mary's

Improvements to park and construct pool and

water center in the City of St. Mary's

Taliaferro County BOE Construction/renovations to a gym, library and

other infrastructure for Taliaferro County High

School

DeKalb County

Contract for services with the South DeKalb

Senior Citizen's Center in DeKalb County

Stewart County

Renovations to the Stewart County Courthouse

City of Moultrie

Construct a swimming and training facility at the

Moultrie Diving Facility aquatic center

City of Tallapoosa Construction/improvements to museum facility

in the City of Tallapoosa

City of Pooler

Purchase equipment for the City of Pooler Fire

Department

Garden City

Purchase equipment for the Garden City Fire

Department

City of Cochran

Thompson Street Community Center in the City

of Cochran

Appling County

Renovation of the Defense building in Appling

County

Cobb County BOE Landscaping for Argyle School in the Cobb

County School System

Dodge County

Conference Center in Dodge County

City of Dallas

Restoration of the Dallas Theater in the City of

Dallas

Murray County BOE Provide post-secondary courses after hours at

Murray County High School

Stephens County BOE Purchase computers for Stephens County High

School

City of

Contract for services with the City of Augusta's

Augusta/Richmond FORE! Program

County

Pierce County

Contract for services with the Lee Street

Resource Center in Pierce County

Cobb County BOE Purchase band uniforms and equipment for

Walton High School in Cobb County

Fulton County BOE Purchase/install/renovate bleachers for

Riverwood High School in Fulton County

$ 1,000,000 $ 1,000,000 $ 985,000 $ 830,000
$ 150,000 $ 250,000 $ 100,000 $ 50,000 $ 150,000 $ 150,000 $ 189,000 $ 150,000 $ 25,000 $ 500,000 $ 250,000 $ 125,460 $ 63,000 $ 250,000
$ 125,000 $ 75,000 $ 73,000

WEDNESDAY, FEBRUARY 7, 2001

539

City of Gainesville Purchase land, renovate property and existing $ 500,000

building for the North Georgia Community

Foundation

in

the

City

of

Gainesville

City of Gainesville Purchase property, construct building and $ 500,000

purchase furnishings for the Georgia Mountains

History Museum in the City of Gainesville

City of Newnan

Contract for services with Achievers $ 20,000

International for Student Exchange Program

Stephens County BOE Renovation of Stephens County High School $ 50,000

stadium for handicap accessibility

City of Toccoa

Contract for services with Toccoa Rehabilitation $ 60,000

Industries

City of Bloomingdale Purchase equipment for the Bloomingdale Fire $ 25,000

Department

Southeast Georgia Purchase furniture for a new building for the $ 50,000

RDC

Southeast Georgia RDC

Jones County

Reimburse Jones County for capital felony $ 100,000

expenses

Bacon County

Reimburse Bacon County for capital felony $ 200,000

expenses

Brooks County

Reimburse Bacon County for capital felony $ 200,000

expenses

Douglas County

Provide for local recreation programs in Douglas $ 10,000

County

Columbia County

Provide for local recreation programs in $ 10,000

Columbia County

Carroll County

Provide for local recreation programs in Carroll $ 10,000

County

Coweta County

Provide for local recreation programs in Coweta $ 10,000

County

Bryan County

Provide for local recreation programs in Bryan $ 10,000

County

Floyd County

Provide for local recreation programs in Floyd $ 10,000

County

Paulding County

Provide for local recreation programs in $ 10,000

Paulding County

Forsyth County

Provide for local recreation programs in Forsyth $ 10,000

County

Clay County

Provide for local recreation programs in Clay $ 10,000

County

Butts County

Provide for local recreation programs in Butts $ 10,000

County

540

JOURNAL OF THE HOUSE

Peach County Murray County Clark County Jackson County Cook County Ware County Thomas County

Provide for local recreation programs in Peach $ County Provide for local recreation programs in Murray $ County Provide for local recreation programs in Clark $ County Provide for local recreation programs in Jackson $ County Provide for local recreation programs in Cook $ County Provide for local recreation programs in Ware $ County Provide for local recreation programs in Thomas $ County

10,000 10,000 10,000 10,000 10,000 10,000 10,000

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 Department of Education.

WEDNESDAY, FEBRUARY 7, 2001

541

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 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 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

It is the intent of this General Assembly that the employer contribution rate for term life insurance for state employees who are members of the new retirement benefit plan shall not exceed .25%.

Funds are provided in this appropriation act for H.B. 654, H.B. 988, H.B. 1046, H.B. 543, H.B. 764, H.B. 767, H.B. 919, H.B. 859, H.B. 1031, and S.B. 45.

Section 45.

Provisions Relative to Section 15, Department of Human Resources.

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

Standards of Need $ 235
356 424 500 573 621

Maximum Monthly Amount $ 155 235 280 330 378 410

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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 $79,939,939, 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.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46.

Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2001 shall not exceed 13.1%.

WEDNESDAY, FEBRUARY 7, 2001

543

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 Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 25, Department of Public Safety.

The Governor's Office of Highway Safety is hereby directed to utilize any and all available funds for the purpose of installing call boxes on rural interstate highways.

Section 49.

Provisions Relative to Section 26, Public School Employees' Retirement System.

It is the intent of this General Assembly that the employer contribution rate for members of the Public School Employees' Retirement System shall increase from $10.50 to $12.00.

Section 50.

Provisions Relative to Section 29, Department of Revenue.

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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 51.

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.

Funds are provided in this appropriation act for H.B. 999 and H.B. 908.

Section 52. Provisions Relative to Section 35, Department of Transportation.

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 IX, Paragraph VI, Subsection (b) of the State Constitution.

WEDNESDAY, FEBRUARY 7, 2001

545

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)(1), 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 53.
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 54.
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:

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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 55.
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 56.
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 57.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

WEDNESDAY, FEBRUARY 7, 2001

547

Section 58.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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 59.
(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

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common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 60.

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 61.

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 62.

Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.

Provided, of the above appropriation relative to State of Georgia General Obligation Debt Sinking Fund, State funds appropriated for plans and design of a Coverdell Building at the University of Georgia shall be contingent upon matching federal and private funds.

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

$ 92,950,000 $ 8,272,550

WEDNESDAY, FEBRUARY 7, 2001

549

Renovate boy's dorm at Georgia School for the Deaf
Renovate facilities at Georgia School for the Blind
Board of Regents, University System of Georgia projects:
Nursing/Health Sciences and Outreach complex at Macon College - $15,500,000
Agricultural Sciences Building at Abraham Baldwin Agricultural College - $7,005,000
Physical Education Building at Darton College $12,340,000 Health, Physical Education Building and Recreation, Athletic and Student Center at Georgia Southwestern State University - $18,590,000 Classroom and Convocation Center at Kennesaw State University - $23,000,000 Classroom Replacement - Phase II at Augusta State University - $18,890,000 Renovations and upgrades for Atlanta Metropolitan College campus road improvement Phase II of a Fine Arts Building at Georgia Southern University Library brick remediation at Georgia State University
Board of Regents, University System of Georgia projects:
O'Neal Veterinary addition at Fort Valley State University - $3,000,000
University of Georgia's Rural Development Center at Tifton - $4,900,000
Health, Physical Education Building and Recreation Building and Pool at South Georgia College - $4,000,000
Georgia Tech Regional Engineering Program at Savannah - $5,000,000
North Georgia College and State University Military Leadership Center - $5,000,000
Middle Georgia College Wellness Center and classrooms - $5,000,000
Kennesaw State University Math/Science classroom addition - $4,000,000
Information Technology Building at Georgia Southern University
Department of Technical and Adult Education projects:
Griffin Technology Building - $11,160,000

1,300,000 685,000
95,325,000
1,000,000 4,500,000 3,200,000 30,900,000
33,000,000 53,745,000

115,700 60,965 8,483,925
89,000 400,500 284,800 2,750,100
2,937,000 4,783,305

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Southeastern Allied Health - $7,870,000
Coosa Valley Health Occupation Building - $8,060,000
Swainsboro Technology Building - $3,920,000
Ogeechee Agribusiness/General Classroom Building $7,380,000 Moultrie Allied Health/Classroom Building - $9,695,000
Sandersville-Jefferson County Technology Education Center - $1,700,000 East Central Child Development Center - $1,270,000
Flint River-Crawford County Workforce Development Center - $2,690,000 Renovation and improvement of the Columbus North Building (DTAE) Renovation and improvement of the Savannah Bookstore, Administration and Business Office (DTAE) Renovation and improvement of the Southeastern Glennville and Child Development Center Purchase 20 acres of property on Sandtown Road for Chattahoochee Tech Purchase 5.6 acres of building and property at Central Georgia Low interest water, sewer and wastewater loans to local governments Match federal funds for clean water and drinking water capitalization grants Match federal funds for remediation of underground storage tanks on state owned land Department of Natural Resources' projects:
Develop a new park at Suwannee River - $5,600,000
Construct the Little White House Museum - $2,500,000
State match for trail projects at state parks - $250,000
Initial development of Resacca Battlefield historic site $750,000 Renovate buildings for law enforcement boats and supplies - $300,000 Expand Gordonia-Altamaha golf course to 18 holes $500,000 Match private funds to acquire Chickasawhatchee tract $20,000,000 Match private funds for Hardman Farm restoration -

1,550,000 3,340,000 1,710,000 1,420,000 1,785,000 17,000,000 8,000,000 3,000,000 52,735,000

137,950 297,260 152,190 126,380 158,865 1,513,000 712,000 267,000 4,693,415

WEDNESDAY, FEBRUARY 7, 2001

551

$2,000,000 Land acquisition of Arabia Mountain Greenway -
$3,500,000 Okefenokee Education and Visitors Center - $2,000,000
Land, survey, planning and development for a new Middle Georgia State Park - $4,140,000 Lodge expansion at George T. Bagby State Park $3,670,000 Lodge expansion at Little Ocmulgee State Park $2,750,000 Hotel facility at Georgia Veterans State Park - $4,775,000
Paving and lighting decks at the Georgia World congress Center Northside Drive site Phase II of the Jekyll Island Authority historic district plan
Phase I of the golf course renovation plan (Jekyll Island)
Freight rail line acquisitions and rehabilitation
Maintain the Savannah harbor navigation channel
Road widening and an interchange for Atlanta Speedway
Construct a new technology building for Rehabilitative Services Orthotics Miscellaneous repairs and maintenance for Rehabilitative Services facilities Repair and modernize units at Augusta YDC
Renovate buildings at Augusta YDC
Expand classroom areas and construct a vocational training building at Sumter YDC
Replace infrastructure of cottages at Bill Ireland YDC
Replace roofs at Macon YDC
Add space for food preparation and a freezer/cooler at Macon YDC Repairs that exceed local funding capability required at various RYDC's and YDC's Construct the proposed Muscogee County YDC
Construct RYDC in Crisp County
Construct RYDC in Rome
Construct RYDC in Macon
Construct RYDC in Augusta

1,700,000
1,500,000 1,500,000 5,150,000 2,225,000 12,000,000 2,970,000
430,000
1,250,000 1,000,000
1,300,000 3,000,000
320,000 370,000
2,235,000
2,550,000 420,000 620,000 935,000 385,000

151,300
133,500 133,500 458,350 198,025 1,068,000 264,330
38,270
111,250 89,000
115,700 267,000
28,480 32,930
198,915
226,950 37,380 55,180 83,215 34,265

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Department of Human Resources' projects:
Atlanta Regional
Augusta Regional
Central State
Savannah Regional
Southwestern State
West Central
Northwest Regional
Various projects at the Georgia War Veterans Nursing Home in Milledgeville Construct 6 crime scene specialist garage laboratories at existing GBI regional offices Construct a North Georgia Regional Crime Laboratory and a Region 8 Investigative Office in Northeast Georgia Construct a free standing morgue, medical examiner and toxicology annex adjacent to the existing South Regional Laboratory Match $13.3 million in federal matching funds for:
Construction of 200 beds for the Jackson Probation Detention Center - Turner County
Construction of 500 beds for the Fulton County Detention Center Department of Corrections' projects: Renovate and convert Wrightsville YDC to a state prison
Central repair projects at various facilities
Upgrade the wastewater system at various Department of Corrections' facilities Install 7 pump stations and 1 treatment plant at Department of Corrections' facilities Department of Corrections' roofing projects:
Replace metal roofs at various facilities - $400,000
Reengineer the roof at Lee State Prison - $185,000
Repair roof at various facilities - $225,000
Replace membrane roofs - $250,000
Various security projects at Department of Corrections' facilities
Renovate the basement of Building #5 and Building #1 for

520,000 230,000 5,265,000 545,000 475,000 840,000 3,055,000 1,490,000 430,000 4,880,000 2,345,000
410,000
1,310,000 500,000 700,000
1,165,000 125,000
1,060,000
2,955,000 625,000

46,280 20,470 468,585 48,505 42,275 74,760 271,895 132,610 38,270 434,320 208,705
36,490
116,590 44,500 62,300
103,685 11,125 94,340
262,995 55,625

WEDNESDAY, FEBRUARY 7, 2001

553

the Georgia Emergency Management Agency Renovate the electrical infrastructure at Lee Arrendale

175,000

15,575

Replace the heating systems at Rivers State Prison

300,000

26,700

Department of Corrections' projects:

1,045,000

93,005

Pave and resurface roads and parking lots - $300,000

Repair lavatory fixtures - $250,000

Replace freezers and cooler units - $160,000

Replace 5 kitchen floors - $335,000

Repairs and renovations to Department of Defense armories and other facilities Repairs and renovations at Farmers' Markets statewide

2,000,000 2,000,000

178,000 178,000

Georgia Building Authority projects:

4,100,000

364,900

Correct drainage problem at the Lower Wall Street parking lot - $1,000,000
Roof replacement at the Twin Towers - $1,100,000

Complete renovation of the Annex Building - $2,000,000

Finish renovation of the #2 Peachtree Building

12,000,000 1,068,000

Various ADA renovation projects throughout the state

3,000,000

267,000

Rail line projects

13,700,000 1,219,300

Purchase and rehabilitation of a rail spur in Crisp County

$500,000

Turnaround facility for the Southwest Georgia Railroad

Excursion Authority at Georgia Veterans State Park

$200,000

Purchase of railroad line properties associated with the

Georgia Southwestern Railroad - $7,000,000

Rehabilitation of the railroad line from Rochelle to

Preston - $6,000,000

Development and implementation of a voice and data radio 20,150,000 1,793,350

system for troups "C" and "H"

Total Twenty Year Projects (New)

$ 536,400,000 $ 47,739,600

B.) Maturities not to exceed sixty months.
New vocational equipment for new programs and programs housed in new school facilities Board of Regents, University System of Georgia projects:
Learning Center at Clayton College and State University

10,790,000 11,345,000

2,524,860 2,654,730

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$2,695,000 Technology and Commerce Center at Columbus State University - $1,100,000 Science and Nursing Building at Georgia Southern University - $2,030,000 Camden Center Facility at Coastal Georgia Community
College - $950,000 Russell Library and Information Center at Georgia College and State University - $1,370,000 Housing Residence Hall at Savannah State University $1,000,000 Georgia Radiation Center - $2,200,000
Design an Advance Computing Technology Building at Georgia Tech Design the Coverdell Building at the University of Georgia
Renovations and upgrades at Armstrong State University
Renovations and upgrades at Georgia College and State University Purchase equipment for Traditional Industries
Department of Technical and Adult Education predesign projects: Chattahoochee Campus Master Plan - $75,000
Chattahoochee Classroom Building - $90,000
DeKalb Classroom Building - $100,000
Southwest Georgia Classroom/Student Services Building $90,000 Valdosta Classroom/Laboratory Building - $80,000
North Georgia-Toccoa/Stevens County Technical Training Center - $50,000
North Georgia Visual Communications Technology Center - $85,000
Predesign and design of the Coosa Valley Economic Development Building at the Polk County Campus Department of Technical and Adult Education equipment purchases: Altamaha Polytechnical Building - $1,475,000
Griffin-Jasper County Technical Education Center $455,000 Augusta Aviation/Maintenance Program - $1,000,000

660,000 50,000
3,000,000 4,200,000 1,800,000
570,000
210,000 27,080,000

154,440 11,700
702,000 982,800 421,200 133,380
49,140 6,336,720

WEDNESDAY, FEBRUARY 7, 2001

555

Central Georgia-Eatonton Center - $480,000

Coosa Valley Buildings A, B and C - $860,000

Southeastern Economic Development Center - $500,000

West Central-Haralson County Campus - $8,660,000

Central Georgia Adult Education Center - $1,150,000

Replace obsolete equipment at various sites - $12,500,000

Design and engineering of the new Container Berth 8 at Georgia Ports Authority Purchase furniture and equipment for Phase IV expansion of the Georgia World Congress Center Minor construction projects at various RYDC's and YDC's

6,000,000 15,000,000
1,860,000

1,404,000 3,510,000
435,240

Emergency power back-up systems at DJJ facilities

760,000

177,840

Predesign for 2 YDC's

150,000

35,100

Design a Public Health Laboratory in Waycross

70,000

16,380

Phase II of the Bainbridge Substance Abuse Treatment Center Construct a new facility for Coastal State Prison

75,000 75,000

17,550 17,550

Predesign the facility on 330 Ponce de Leon (GBA)

250,000

58,500

Predesign work for the Trinity/Washington Building

250,000

58,500

Total Five Year Projects (New)

$ 84,195,000 $ 19,701,630

Section 63. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2001

$ 15,273,099,418

Section 64.

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

Section 65.

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

Section 2.

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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 174 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 174 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert

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

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 7, 2001

Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall E McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

557
Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Maddox of the 72nd 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 174 was ordered immediately transmitted to the Senate.

By unanimous consent, all remaining Bills on the Calendar were postponed until Thursday, February 8, 2001.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Ways & Means:

HB 397. By Representatives Scheid of the 17th, Westmoreland of the 104th, Epps of the 131st, Parrish of the 144th, Royal of the 164th and others:

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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 exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts; and for other purposes.

The following Resolution of the House was read and adopted:

HR 220. By Representatives Watson of the 70th, Walker of the 141st, Orrock of the 56th, Smyre of the 136th, Stanley of the 50th and others:
A RESOLUTION recognizing "Community Health Centers Day"; and for other purposes.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 302 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:

WEDNESDAY, FEBRUARY 7, 2001

559

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 97 Do Pass HB 161 Do Pass, by Substitute HB 164 Do Pass

HB 228 Do Pass, by Substitute HB 245 Do Pass

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 241 Do Pass, as Amended HB 285 Do Pass

HB 355 Do Pass, by Substitute HR 183 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 155 Do Pass HB 168 Do Pass HB 200 Do Pass

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Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Twiggs of the 8th 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 294 HB 345 HB 412 HR 99 HR 144

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass

HR 145 HR 168 HR 181 HR 182 HR 185

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

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561

Representative Hall, Atlanta, Georgia Thursday, February 8, 2001
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Bishop B. Michael Watson, The United Methodist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 439. By Representatives Borders of the 177th, Buck of the 135th, Epps of the 131st, Shaw of the 176th, Jackson of the 148th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, wallets, and bags for a limited period of time; and for other purposes.

2/8/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 439. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 177

Referred to the Committee on Ways & Means.

HB 440. By Representatives Borders of the 177th, Buck of the 135th, Epps of the 131st, Shaw of the 176th, Jackson of the 148th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, wallets, and bags for a limited period of time; and for other purposes.

Mr. Clerk:

2/8/2001

THURSDAY, FEBRUARY 8, 2001

563

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 440. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 177

Referred to the Committee on Ways & Means.

HB 441. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th and McBee of the 88th:
A BILL to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds; to define certain terms; to provide that no political subdivision shall issue any pension obligation bond without a certain certification of the state auditor; and for other purposes.

Referred to the Committee on Retirement.

HB 442. By Representatives Ray of the 128th, Hudson of the 156th, James of the 140th and Sholar of the 179th:
A BILL to amend Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, so as to change the provisions relating to recording purchases of pecans by dealers and opening records thereof to public authorities; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 443. By Representatives Royal of the 164th, Shanahan of the 10th and Jamieson of the 22nd:
A BILL to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, so as to change certain provisions regarding the reporting of

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JOURNAL OF THE HOUSE

annexations to the Department of Community Affairs; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 444. By Representatives Ehrhart of the 36th, Richardson of the 26th, Wiles of the 34th, Manning of the 32nd, Parsons of the 40th and others:
A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 445. By Representatives Powell of the 23rd, Coleman of the 142nd, Teague of the 58th, Teper of the 61st, Coan of the 82nd and others:
A BILL to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to provide for display on the Internet of the names of successful bidders, the names of unsuccessful bidders, and the reasons for rejecting bidders; to provide that such information shall remain available on the Internet for at least 12 months; and for other purposes.

Referred to the Committee on Industry.

HB 446. By Representatives Golick of the 30th, Lord of the 121st, Harbin of the 113th, Shaw of the 176th and Watson of the 70th:
A BILL to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to remove provisions in conflict with Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq.; to provide standards for the collection, use, and disclosure of information gathered by insurance institutions; and for other purposes.

THURSDAY, FEBRUARY 8, 2001

565

Referred to the Committee on Insurance.

HB 447. By Representatives Mosley of the 171st and Byrd of the 170th:
A BILL to provide for a homestead exemption from certain Wayne 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; and for other purposes.

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

HB 448. By Representatives Allen of the 117th and Anderson of the 116th:
A BILL to amend Code Section 44-9-40 of the Official Code of Georgia Annotated, relating to the authority of the superior court to grant private ways, the filing of a petition as a declaration of necessity, and when a proceeding may be enjoined, so as to provide that a judge shall grant a private way to individuals to go from and return to their property and places of business under certain circumstances unless the court makes a finding of fact that granting such private way would cause great economic harm to the owner of the property over which such private way would traverse or would greatly impair the owner's use of such property; and for other purposes.

Referred to the Committee on Judiciary.

HB 449. By Representatives Allen of the 117th, Connell of the 115th, Howard of the 118th, Anderson of the 116th and DeLoach of the 119th:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for creditable service for employment as a librarian by a public library system in another state; and for other purposes.

Referred to the Committee on Retirement.

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HB 450. By Representatives Allen of the 117th, Connell of the 115th, Burmeister of the 114th, Howard of the 118th, Anderson of the 116th and others:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new eighth superior court judgeship for the Augusta Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 451. By Representatives Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A BILL to amend an Act providing for a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes for certain residents of that school district who are 65 years of age or older, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 452. By Representatives Cox of the 105th, Rice of the 79th, Epps of the 131st, Holland of the 157th and Snelling of the 99th:
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 employees of an employer; and for other purposes.
Referred to the Committee on Ways & Means.
HB 453. By Representatives Cox of the 105th, Harrell of the 62nd, Martin of the 47th, Stuckey of the 67th and Crawford of the 129th:

THURSDAY, FEBRUARY 8, 2001

567

A BILL to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to create the offense of child endangerment; and for other purposes.

Referred to the Committee on Children & Youth.

HB 454. By Representatives Scheid of the 17th, Wix of the 33rd and Day of the 153rd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to the enforcement of the uniform rules of the road on roads and streets of certain privately owned residential property; to provide that under certain conditions a law enforcement agency may use speed detection devices on roads and streets of privately owned residential property; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 455. By Representatives Watson of the 70th, Maddox of the 72nd, Heard of the 89th, Harbin of the 113th, Turnquest of the 73rd and others:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide comprehensive regulation of the dissemination of financial information; to provide a short title; to provide a statement of the purpose of the provisions; to provide definitions; to provide for privacy notices and opt-out notices; to provide for limits on disclosure of information; and for other purposes.

Referred to the Committee on Insurance.

HB 456. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Stancil of the 16th and Barnard of the 154th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization and review and appeal of ad valorem tax assessments, so as to change certain provisions

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JOURNAL OF THE HOUSE

regarding qualifications of members of county boards of equalization; and for other purposes.

Referred to the Committee on Ways & Means.

HB 457. By Representatives Jordan of the 96th, Mangham of the 75th, Kaye of the 37th and Roberts of the 162nd:
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 offer driver education as an elective course; and for other purposes.

Referred to the Committee on Education.

HB 458. By Representative Hembree of the 98th:
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"; and for other purposes.

Referred to the Committee on Higher Education.

HB 459. 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 460. By Representatives Buck of the 135th, Royal of the 164th, Cummings of the 27th, Skipper of the 137th and Heard of the 89th:

THURSDAY, FEBRUARY 8, 2001

569

A BILL to amend Code Section 48-7-29.6 of the Official Code of Georgia Annotated, relating to income tax credits for qualified low-income buildings, so as to require recapture only in the event of reduction of the qualified basis of a qualified project; to provide for a definition; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for certain tax credits with respect to qualified low-income buildings; and for other purposes.
Referred to the Committee on Ways & Means.
HB 461. By Representatives Hudson of the 156th, Ray of the 128th, Powell of the 23rd, Skipper of the 137th, Buckner of the 95th and others:
A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firemen who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of a legally organized volunteer fire department who are injured in the line of duty; and for other purposes.
Referred to the Committee on Public Safety.
HB 462. By Representative Hembree of the 98th:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; and for other purposes.
Referred to the Committee on Judiciary.
HB 463. By Representatives Williams of the 83rd, Barnard of the 154th, Mueller of the 152nd, Coan of the 82nd, Lunsford of the 109th and others:

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JOURNAL OF THE HOUSE

A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to eliminate taxation of estates; and for other purposes.

Referred to the Committee on Ways & Means.

HB 464. By Representatives Williams of the 83rd, Smith of the 19th and Stancil of the 16th:
A BILL to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service delivery, so as to provide for legislative findings; to encourage political subdivisions to coordinate for the development of regional sources of drinking water and waste-water treatment facilities; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the purpose, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that such authority shall cooperate in making loans to local governmental agencies to finance projects related to the development of such regional projects; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 465. By Representative Williams of the 83rd:
A BILL to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide that nonpublic postsecondary educational institutions which are otherwise exempted from the Nonpublic Postsecondary Institutions Act of 1990 are not subject to a prohibition against using the term "college" or "university" without authorization; and for other purposes.

Referred to the Committee on Higher Education.

HB 466. By Representatives Williams of the 83rd and Unterman of the 84th:
A BILL to provide a new charter for the City of Snellville; and for other purposes.

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571

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

HR 221. By Representatives Royal of the 164th, Smith of the 12th, Hudson of the 156th, Rogers of the 20th, Powell of the 23rd and others:
A RESOLUTION creating the House Alcoholic Beverages Distribution System Study Committee; and for other purposes.

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 413 HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429

HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HR 217 HR 218 SB 51 SB 89 SB 90 SB 91 SB 92

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

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HB 424. By Representatives Jennings of the 63rd, Snelling of the 99th, Burkhalter of the 41st, Day of the 153rd, Graves of the 125th 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 certain sales of natural gas used for residential purposes; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Richardson of the 26th moved that the following Bill of the House be engrossed:

HB 425. By Representatives Richardson of the 26th, Lewis of the 14th, Westmoreland of the 104th, Ehrhart of the 36th, Mills of the 21st 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 natural and liquefied petroleum gas; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Hammontree of the 4th moved that the following Bill of the House be engrossed:

HB 430. By Representatives Hammontree of the 4th and Stokes of the 92nd:
A BILL to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to provide that any person who is convicted of or pleads guilty or nolo contendere to a fourth or subsequent violation of this code section within a five-year period of time shall be guilty of a felony; and for other purposes.

The motion prevailed.

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573

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and 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 264 Do Pass, by Substitute
Respectfully submitted, /s/ Byrd of the 170th
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 279 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and 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 398 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 8, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

HB 71 HB 187 HB 224 HR 88
HR 101 HR 139

Water pollution control; loans from EPA funds Motor vehicle insurance; uninsured motorist; minimum coverage Alcoholic beverages; redefine "malt beverage" Bartow, Colquitt, Cook, Early, Franklin, Washington, Whitfield, and Chatham counties; convey property Social Security Act; urge Congress amend Title XXI; PeachCare for Kids Houston and Putnam counties; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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575

HB 398. By Representatives Channell of the 111th, Parham of the 122nd and Hudson of the 120th:
A BILL to create the Sinclair Water Authority to provide for water projects in Baldwin and Putnam Counties; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell Y Heard Y Heckstall
Hembree Y Henson Y Hines
Holland Holmes Y Houston Howard Y Hudgens Y Hudson, N

Y Hudson, S Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Lunsford Maddox Y Mangham E Mann Y Manning Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Reese Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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On the passage of the Bill, the ayes were 144, 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:
SB 22. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, so as to increase the penalties for such crime; to repeal conflicting laws; and for other purposes.
SB 67. By Senators Starr of the 44th, Thompson of the 33rd, Scott of the 36th, Thomas of the 10th, Balfour of the 9th and others:
A bill to be entitled an Act to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of accounts, population estimates, operating funds, and programs and budgets of metropolitan area planning and development commissions, so as to increase the amount of certain dues; to provide for future such increases; to repeal conflicting laws; and for other purposes.

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

SB 22.

By Senators Meyer von Bremen of the 12th, Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, so as to

THURSDAY, FEBRUARY 8, 2001

577

increase the penalties for such crime; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 67.

By Senators Starr of the 44th, Thompson of the 33rd, Scott of the 36th, Thomas of the 10th, Balfour of the 9th and others:
A bill to be entitled an Act to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of accounts, population estimates, operating funds, and programs and budgets of metropolitan area planning and development commissions, so as to increase the amount of certain dues; to provide for future such increases; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

The Speaker announced the House in recess until 10:30 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 176 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

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

Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, Members of the Consular

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JOURNAL OF THE HOUSE

Corps, Ladies and Gentlemen:
Today, somewhere in Georgia, a child was born.
Fortune smiled on this baby girl. She was delivered into the world with the help of a good doctor, and welcomed by two healthy parents.
Her mother and father couldn't be more excited. They've spent the last nine months preparing for her arrival, and dreaming about her future.
They've created a warm, loving home, in a neighborhood where they feel safe.
There is a good elementary school right down the street, and a park where the family will be able to take walks together, and later on, when the girl is a little older, ride their bikes.
Her parents know that, because they live in Georgia, their daughter will have incredible opportunities as she grows up - options their parents could not have imagined when they were raising their own children.
Today, as those new parents hold their baby in their arms, they have good cause to hope that all their dreams for her will come true.
That, my friends, is why we're here today.
We are all here because we want to make sure that every child in Georgia can live their dreams no matter which part of the state they come from, or how much money their parents have.
We want to make sure our children have an even better quality of life than we do today.
We have already done much here in Georgia to ensure that bright future. Through hard work and good leadership, we have all created a place where people want to live and work, and where companies want to do business.
We are fortunate that, even in these tenuous times, our economy is staying strong.
Publications such as Forbes and Fortune continually rank Georgia cities as among the best places to live, work and run a business.
None of this happened by accident.

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579

I'm old enough to remember when most of the roads in places like my home of Cobb County, or Gwinnett or Henry, weren't even paved. People who wanted to live in an area like that usually had no access to public water or sewers, much less public parks, ballfields, swimming pools and libraries.
The schools throughout our state were among the worst in the nation, so our workforce was undereducated and underpaid.
In short, we lacked the kind of infrastructure and amenities that businesses were looking for, and that are necessary if we are to enjoy a great quality of life.
But over the last four decades, something remarkable happened. Georgia was blessed with strong leaders who avoided the kind of divisive distractions that held back most other cities and states in the South.
Our leaders understood the need for roads, and for other improvements like water and sewer systems. These investments opened up new areas for development where people could afford to realize the American Dream of owning their own home.
We made a good start toward preserving recreational areas like the Chattahoochee River. And we began to pay attention to our schools.
As a result of these far-sighted efforts and fiscally sound leadership, Georgia emerged from its status as a poor, backward state to become the 10th largest state in the United States.
Think of it we are now the 10th largest state, with a population of 8.2 million. When I was a boy, that seemed unthinkable.
This came about because we gained 1.7 million residents - an incredible 26 percent increase - between 1990 and 2000. That means about one out of every five people in our state today wasn't living here a decade ago.
As Doug Bachtel, a demographer at the University of Georgia, said when the new census numbers came out, "Georgia is entering the big leagues."
So today I say, the outlook in Georgia has never been brighter. But, along with our big league status, we now face some big league challenges.
Today, all of us as Georgians have many good things in common.
We live in a state with a wonderful climate and plenty of natural beauty, from the

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shores of Cumberland Island to the Chattahoochee River to the Blue Ridge Mountains.
We have access to big-city amenities like major league sports and museums, but we generally have made our homes in neighborhoods and small towns that retain a friendly, Southern charm.
Finally, we all benefit from an economy that has been the envy of the Southeast, and in fact, the envy of most of the nation, for several decades.
Unfortunately, we have one other thing in common: The quality of life that we all love so much is under attack on several fronts.
Traffic congestion, poor air quality, a loss of green space, and pollution of our rivers, streams and lakes are threatening our quality of life; and if our quality of life declines, our economy will surely follow.
The good news is, we have already made a good start toward meeting these challenges.
Two years ago, we took a significant step to address our traffic and air quality problems with the creation of the Georgia Regional Transportation Authority.
We all know that these problems can't be solved overnight, but the GRTA has helped develop a transportation plan for the Atlanta region that addresses both our transportation and air quality needs. Just as important, GRTA worked hard to win approval of that plan by the Federal Highway Administration, which is allowing us to move forward with desperately needed projects like new roads and HOV lanes.
It wasn't easy, but they got it done proving that if we work together, especially on a regional basis, we can start to find solutions. That is an important contribution, because as the region moves ahead, I'm sure we will want to fine tune and improve the transportation plan.
But metro Atlanta isn't the only part of our state where we need to update our transportation infrastructure. I have also announced this week a plan to speed up the construction of new highways in other areas by pledging our future federal transportation dollars to issue bonds. This is a perfectly responsible approach that other states are already using, and it will allow us to begin these projects today, at today's cost.
Traffic is only one of the side effects of growth. As the population of Georgia increased dramatically, so did development. Sometimes, it seemed that construction cranes were sprouting up faster than kudzu in certain areas.

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Now, as vital as this new construction is to our economy, we had to take steps to preserve part of our undeveloped lands.
Part of what we all love about Georgia is her beauty the majestic mountains of the north, the tranquil marshes of the coast, the timeless piney woods of south Georgia and the lush forests of the piedmont.
The Georgia Community Greenspace Initiative, which you approved last year, will help us protect that beauty even while we continue to grow.
Already, we've seen some of our fastest growing counties take advantage of this opportunity to receive funds to protect undeveloped corridors. The local government leaders appreciate this program because they know that maintaining our natural beauty is important to our citizens.
And just this week, we've started to work toward protecting our most precious and crucial resource water.
Without an adequate supply of clean water, and the capacity to treat our wastewater, our economic growth will dry up and our quality of life will decline. By creating a Metropolitan North Georgia Water Planning District, we will give local governments a framework for working together on an issue that affects our whole state.
I hope you all agree that we're moving in the right direction to protect Georgia as a great place.
But we also need to protect Georgia as a people.
The single best way we can do that is through education.
If that child I spoke about earlier is going to succeed in life no matter which path she chooses she must have a solid education to guide her.
Education is the ladder that enables our children to climb as high as their dreams lead them. It instills the knowledge that unlocks doors, and it should strengthen the values that provide our citizens with a moral compass.
The Governor who stood here before me did this state a great service by heightening the focus on our education needs. It's become a clich to say it, but he really did give us HOPE.
HOPE that starts with putting more Georgia children than ever before into prekindergarten programs, so they can begin to develop the skills they need to perform

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successfully in school.
HOPE that has provided college tuition for over a half-million Georgia students keeping more of our best and brightest young people here at home, and improving our entire university system by leaps and bounds.
And HOPE that has allowed many Georgians, young and old, to get the skills they need for the jobs they want, by attending our technical colleges.
Now it is our turn to continue what HOPE began. We must focus on improving what comes in between kindergarten through high school.
We have already taken significant steps toward improvements in these grades.
We're building a system of accountability that will allow us to make sure our children are learning, and that our schools continually improve.
We're strengthening local control of schools by involving parents and members of the community, through school councils.
We're going to nurture great teaching by rewarding those teachers who work the hardest, and finding incentives to attract more of our brightest college students to the field.
We're creating smaller classes for our youngest children, and also in core subjects for older students, so they will get more one-on-one attention from teachers and have the best possible chance to learn.
And we're going to make sure this happens by providing the classrooms our school districts need to do it. That is why I've proposed the largest school construction budget in our state's history, including nearly half a billion dollars directed solely towards those schools that desperately need more space in order to lower student/teacher ratios.
This is what we need, according to the Department of Education, to renovate or retrofit existing space for use as classrooms and build the permanent facilities necessary to move our students out of trailers or other temporary space. This isn't just an investment in bricks and mortar, it's an investment in our children's future by lowering class size.
All of these are tremendous steps in the right direction. And while results won't happen overnight, studies have proven that we will get results if we set standards, measure results, and hold schools accountable for achieving them.

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Now, this approach is not some kind of experiment we just dreamed up. It has been employed successfully in Texas, when President Bush was governor there, and in North Carolina, under the leadership of Governor Jim Hunt. It forms the cornerstone of the national education plan President Bush recently proposed. These are tested ideas that work, and they have broad, nationwide, bipartisan support.
But the fact is, no matter how good the teacher, how small the class, how focused on quality education the school may be none of this matters if we ignore the individual needs of our students.
A child who is on track by the time he or she finishes the third grade is very likely to finish high school, do well on the SATs, go on to college, and reap all the benefits that come with a great education.
But a child who has fallen behind by third grade will probably suffer a much different fate.
You've all heard me talk about this year's CRCT results that over one-third of our 4th graders cannot read at a basic level, and that nearly half of our 8th graders struggle with basic math.
How can we expect these children to build upon a subject they haven't yet mastered?
How can a 4th grader who can't even read be expected to write a book report or a research project?
How can a 9th grader who can't do basic math problems learn algebra?
The fact is, they can't. And we shouldn't expect them to.
The CRCT results also showed that in 252 of our more than 1800 public schools more than 50% of the children are not meeting basic standards.
On SAT scores, Georgia ranks 50th out of 50 states and the District of Columbia -only South Carolina scores lower. And for those who say SAT scores are not a good comparison because so many students take the test here in Georgia, of the 14 states and the District of Columbia who had the same percentage of students or higher 64% taking the SAT - Georgia ranked 15th out of 15.
Now, I don't tell you this to condemn public education; I tell you this so you can see the urgency in reform. If we are going to give our children the opportunity to achieve their true potential and at the same time ensure Georgia's future economic security, we

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must act boldly.
One of the greatest disservices we can do to a child is to ignore the fact that he needs a little extra help, or a little extra time to learn.
Some of these children can be helped in summer school. Many of them can be helped with Early Intervention Programs if their problems are detected in time.
But for many of them, those measures will not be enough. That is why we must have the courage to step forward now and do the right thing for all of our students, as well as our teachers.
The time has come to end social promotion in our schools.
Now, nobody wants to have to hold a child back in school. It is difficult for them to be separated from their peers.
But if some children are still behind even after we have taken every step available to give them extra help - after school programs, alternative programs, special reading programs and so on we owe it to them to make this difficult choice.
We should do this in fairness to our teachers, because accountability is a two-way street. And if we are going to insist on accountability for our schools, we must insist that no student be promoted to the next grade level until he is proficient in the subject matter he was supposed to learn that year.
But mostly, we should do it in fairness to those students who are passing through our system today without learning what they need to know. By promoting a child who is not really ready, we say, "It's OK if you don't learn."
Well, I say, it is not okay.
As with any of our most difficult challenges, this is not one that can be addressed overnight. It needs to be taken one step at a time.
Several research studies have indicated that seven conditions must be in place in order to end social promotion. Our education reform efforts have already focused on creating these conditions:
Early detection and constant assessment of student learning. Targeted interventions when we discover a child is behind. Smaller class sizes and individualized intervention for each student. Quality teachers in the classroom.

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Leadership in our schools that can manage schools through results-driven data. Parents that participate in our children's learning. State and local policies that focus on children.
Now, we are already in the process of developing tests that measure students' ability at different grade levels in reading, language arts and math.
These tests are being written by Georgia teachers and are based on the standard curriculum being taught in Georgia schools. We began to develop them as an accountability measure for individual schools, but for the individual student they could be one tool to measure readiness to move on.
For us to utilize these tests to assess student readiness to be promoted to the next grade, we would have to have adequate time for additional instruction or targeted intervention for those who did poorly, and then enough time for them to re-take the test.
In addition to these year-end curriculum tests, local systems would need to develop their own criteria for promotion, and the State School Board would need to develop standard promotion policies so there is equity statewide.
Finally, there must be a local appeals process for parents and students when a school decides a child should repeat a grade.
The most important piece of this is that we must make sure that if a child is indeed held back, extra programs will be available to help that child learn the second time around.
Of course, it will take some time to get all these pieces in place. And we should proceed deliberately, because we are making decisions that will affect the futures of a number of children, and these policies need thoughtful consideration every step of the way.
That is why I think we should establish a goal of ending social promotion in every area of the state within five years.
We have used the Texas plan for ending social promotion as our guide but we have been able to cut the time in half because we already have put many of the necessary measures in place through last year's education reform effort.
This will not only give us the time we need to put the proper procedures in place, it will also give us the time to develop new tools to help students before it becomes necessary to even think about making them repeat a grade.

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Repeating a grade needs to be the last resort, not an automatic response to a child who is struggling to learn.
The decision not to promote a child to the next grade is a difficult one, but if we do it in the right spirit, and provide the extra help a child needs, it can be a step that guarantees future success, rather than repeated failure.
Now, I know that this is an emotional issue. And in the past, some have played on those emotions by calling for an end to social promotion, without supporting the reform efforts that are necessary to really make the idea work.
So, to any of you who might have done that, I say, now is the time to put those disputes aside. If you want to end social promotion, you need to help us reform education so it can be done in a fair, reasonable way.
Improving education is the single greatest thing we can do for the people of Georgia, but there are other things we also need to do.
Forty years ago, when we had all of those dirt roads in the Atlanta region, it made sense to give a teenager the keys to the family car the day he turned 16 years old.
Today, with traffic that often allows no margin for error, it is a recipe for tragedy.
Hardly a week goes by that we don't see a heartbreaking story in the newspaper about some teenage driver in a fatal accident on our roads. I think the time has come to take some common sense steps to protect our teens.
We need to limit the number of teenage passengers a young driver can carry. Studies show that for just one additional passenger, the chance of an accident grows by 39%. Make that two additional teenage passengers and it jumps to 86%. Those are not good odds.
We need to impose stricter curfews. Reports from insurance companies indicate that 75% of nighttime teenage accidents happen between 9:00 p.m. and 12:00 midnight.
And we need to ensure that our young people have the experience they need before getting behind the wheel of a car without an adult to help them. That is why I agree that any teenager should have 40 hours of supervised driving before they can get a license and why I think that teens driving in metro-Atlanta should be 17 before they can drive alone in these heavily congested areas.
Sixteen-year-olds are three times more likely to crash than older teenagers. The main reason for this is inexperience. It takes even more experience to handle over-crowded

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highways and streets.
The only excuse I've heard to any of these teen driving proposals is that it may cause some inconvenience.
I challenge any of you to show me a case where it isn't worth suffering a little inconvenience in order to save a young person's life. Or the life of anyone involved in one of these tragic accidents.
I know some of you are opposed to these measures, but I ask you to consider them carefully because they save lives. And remember, the life you save may be your own child or grandchild.
Last, but certainly not least, we must continue to cut the taxes that Georgians pay, by increasing the homestead exemption on homes and family farms.
Georgia is in an enviable position today, but we can't rest on our laurels. We must work to make it even better.
As President Franklin Delano Roosevelt said in his fourth Inaugural Address:
"We shall strive for perfection. We shall not achieve it immediately but we still shall strive. We may make mistakes--but they must never be mistakes which result from faintness of heart or abandonment of moral principle."
As the leaders and decision-makers of this great state, it is our responsibility to strive for perfection.
We owe it to those who have sat in this chamber before us, and who did so much to lay the groundwork for the success we enjoy today, because our debt to the past can only be repaid by serving the future.
We owe it to the men and women who go about their lives every day with quiet nobility, working hard, trying to raise their children right, and striving to be mindful of their Creator.
We owe it to our own parents and grandparents, who sacrificed in order that we might have better lives than they did.
Most of all, we owe it to every child who will be born in Georgia today.
God bless you, and God bless the great state of Georgia.

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Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 222. By Representative Floyd of the 138th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. H. H. Dimery, Mr. Wallace Mathis, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.
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 156. By Representatives Walker of the 141st, Murphy of the 18th, Stuckey of the 67th and Martin of the 47th:
A BILL to amend Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of disciplinary actions against persons authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, so as to repeal confidentiality provisions concerning disciplinary actions against providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal confidentiality provisions relating to investigations by the Composite State Board of Medical Examiners; to enact the "Patient Right to Know Act of 2001"; and for other purposes.
The following Committee substitute was read:

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A BILL
To amend Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of disciplinary actions against persons authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, so as to change confidentiality provisions concerning disciplinary actions against providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change confidentiality provisions relating to investigations by the Composite State Board of Medical Examiners; to enact the "Patient Right to Know Act of 2001"; to provide a short title; to provide for definitions; to provide for creation, contents, and dissemination of physician profiles; to provide for access to information about medical providers and services; to provide for the right to file a grievance against a medical provider with respect to the provider, his or her office, and the services rendered; to require the board to investigate every grievance filed; to establish the right of the patient to inquire about the cost of treatment prior to receiving such treatment; to provide for notices; to prohibit certain acts; to provide for penalties; to provide for practices and procedures; to provide for rules and regulations; 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. Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of disciplinary actions against persons authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, is amended by striking subsection (e) and inserting in its place the following:
"(e) Except as provided in this subsection and Chapter 34A of Title 43, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (d) of Code Section 43-34-37, relating to authority of the Composite State Board of Medical Examiners to refuse a license or discipline a physician, and inserting in its place the following:
"(d) The executive 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, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board

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shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president of the board, or vice-president if the president is not available, to be related to the fitness of any licensee or applicant to practice medicine. The executive director or the president of the board, or vice-president if the president is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board and as provided in Chapter 34A of this title; nor shall such records be subject to subpoena."
SECTION 3. Said title is further amended by adding, after Chapter 34, a new Chapter 34A to read as follows:
"CHAPTER 34A
43-34A-1. This chapter shall be known and may be cited as the 'Patient Right to Know Act of 2001.'
43-34A-2. As used in this chapter, the term:
(1) 'Board' means the Composite State Board of Medical Examiners. (2) 'Current' means within the last six months. (3) 'Disciplinary action' means any hospital disciplinary action or any final disciplinary action taken by the Composite State Board of Medical Examiners under subsection (b) of Code Section 43-34-37 within the immediately preceding ten-year period. No such disciplinary action taken prior to the effective date of this chapter shall be included within the definition of this term. (4) 'Hospital' means a facility that provides inpatient and outpatient care and services for the diagnosis and treatment of medical conditions. (5) 'Hospital privileges' means permission granted by a hospital to a physician to treat patients in that hospital. (6) 'Requester' means a person who or entity that requests a physician profile from the board by means of the telephone, in writing, in person, or by electronic mail.
43-34A-3. (a) The Composite State Board of Medical Examiners shall create physician profiles on each physician licensed to practice in this state under Chapter 34 of this title.

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(b) In creating physician profiles, the board shall by regulation establish a standard form for the collection and dissemination of such data to the public, including dissemination on the Internet. The information shall be gathered from the physician, the board, medical malpractice insurers, hospitals, medical and speciality societies, and other appropriate sources. The information shall be compiled in a form which can be disseminated to a member of the public upon request. Additionally, the board shall include in a physicians profile comments submitted by the physician regarding information published in the physicians profile. Such comments shall not exceed 100 words. The physician shall have 30 days to submit comments from the date of receipt of the profile or any amended profile if the amendment relates to malpractice, hospital staff privileges or disciplinary action. (c) The physician profile shall include the following information:
(1) The full name of the physician; (2) Names of medical schools attended, dates of attendance, and date of graduation; (3) The location and dates of graduate medical education; (4) Speciality board certification, if applicable. The toll-free number of the American Board of Medical Specialities shall be included to verify current board certification status; (5) The fact that a license has been granted by reciprocity under Code Section 43-3431, if applicable; (6) The number of years in practice and locations; (7) Current hospital privileges; (8) The location of primary practice setting; (9) If requested by the physician, identification of any translating services available at the primary practice setting; (10) Participation in the Medicaid program, if applicable; (11) Criminal convictions for felonies, irrespective of the pendency or availability of an appeal; (12) Felony charges to which a plea of nolo contendere was entered; (13) A description of any final, public disciplinary action by a regulatory board and a description of any second or subsequent final private reprimand by a regulatory board. As used in this paragraph, the term 'regulatory board' refers to :
(A) The Composite State Board of Medical Examiners and its counterpart in any other state; and (B) Any state licensing board in Georgia or in any other state; (14) A description of any final revocation or any final action resulting in any restriction of hospital privileges, either involuntary or by agreement, for reasons related to competence or character in the most recent ten years. No such revocation or restriction taken prior to the effective date of this chapter shall be included in the physicians profile; (15) Resignation from or nonrenewal of medical staff membership or the restriction of staff privileges at a hospital taken in lieu of or in settlement of pending disciplinary action related to competence or character in the most recent ten years. No such action

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taken prior to the effective date of this chapter shall be included in the physicians profile; (16) Final medical malpractice court judgments or medical malpractice arbitration awards entered on or after the effective date of this chapter in which payment in excess of $100,000.00 is awarded against the physician to the complaining party. No such judgments or awards prior to the effective date of this chapter shall be included in any physicians profile. No such medical malpractice court judgments or medical malpractice arbitration awards which occurred more than ten years prior to the date of the profile shall be included in any physician profile;
(17)(A) Medical malpractice settlements, including the monetary amount of each such settlement, in which payment in excess of $300,000.00 is made by or on behalf of and attributable to the physician to the complaining party. No such settlement occurring prior to the effective date of this chapter shall be included in any physician profile. No such settlement which occurred more than ten years prior to the date of the profile shall be included in any physician profile. (B) Medical malpractice settlements, including the monetary amount of each such settlement, if three medical malpractice settlements have been made by or on behalf of and attributable to the physician to the complaining party and payment in excess of $100,000.00 has been made by or on behalf of and attributable to the physician in any one or more of such settlements. No such settlement occurring prior to the effective date of this chapter shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether three medical malpractice settlements have been made by or on behalf of and attributable to the physician. No such settlement which occurred more than ten years prior to the date of the profile shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether three medical malpractice settlements have been made by or on behalf of and attributable to the physician. (C) All medical malpractice settlements, including the monetary amount of each such settlement, if four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician to the complaining party, regardless of the amount of the payment made by or on behalf of and attributable to the physician in any such settlement. No such settlement occurring prior to the effective date of this chapter shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician. No such settlement which occurred more than ten years prior to the date of the profile shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician. (D) Any disclosure under this paragraph shall be accompanied by the following statement:

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'Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.'; (18) Pending malpractice claims shall not be disclosed; (19) The board may, in its discretion, include additional statements describing the experience or pattern of awards, judgments, or settlements of the physician. Information concerning paid medical malpractice claims may be put in context by comparing an individual licensees medical malpractice judgments, awards, or settlements to the experience of other physicians within the same specialty; (20) Any complaint or grievance filed with the board and upon which the board took disciplinary action, including a description of the nature of the complaint and the resolution; and (21) All violations of this chapter. (d) The physician profile may include information relating to: (1) Appointment to medical school faculties within the most recent ten years; (2) Articles in professional publications and journals; and (3) Professional or community service membership, activities, and awards. (e) The physician profiles shall be updated by the board as required in this subsection: (1) The profile items listed in paragraphs (11) through (17) of subsection (c) of this Code section inclusive shall be reported to the board by the physician involved within ten days of the judgment, award, settlement, revocation, resignation, or disciplinary action, and the board shall update the physicians profile with such changes within ten days of receipt of such information; and (2) All other changes to the physician profile shall be reported by the physician to the board within 30 days of the change, and the board shall verify and update the physician profile with such new information within 15 days. (f) The physician may request a copy of the profile and may submit corrections to the board. The board shall verify corrections and make changes to the profile within five business days of receipt of the corrected information by the board. The physician may request postcorrection publication by the board to whomever received the profile containing the error. (g) Notwithstanding the provisions of subsection (c) of this Code section, no final medical malpractice court judgment, medical malpractice arbitration award, or medical malpractice settlement which was awarded prior to the effective date of this chapter and which was sealed by order of a court prior to the effective date of this chapter shall be required to be disclosed pursuant to subsection (c) of this Code section. No final medical malpractice court judgment, medical malpractice arbitration award, or medical malpractice settlement which is awarded on or after the effective date of this chapter shall be confidential or sealed with regard to information which is needed to comply with the purposes of this chapter.

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43-34A-4. A patient or any requester has the right to receive a physician profile from the board upon request. Requests for physician profiles shall be accepted by the board by telephone, in writing, or by electronic mail. The person requesting the profile shall provide the name of the physician for whom a profile is sought. The board may charge a nominal fee for copying as is permitted under subsection (c) of Code Section 50-1871. The board shall not require from the requester a specific request form or a statement of reason for requesting the profile. The board shall not be required to prepare reports, summaries, or compilations of profiles not in existence at the time of the request. The board shall keep both the requesters identity and the request confidential. The board must respond to all requests within three business days by sending a copy of the physician profile to the requester. Fees may be charged in accordance with subsection (c) of Code Section 50-18-71. A physician may make available his or her current unaltered board approved profile to the patients in his or her practice. The physician may not knowingly disperse a profile that does not disclose recent disciplinary actions, criminal convictions, revocations or restriction of hospital privileges, settlements, medical malpractice judgments, or arbitration awards as set forth in paragraphs (11) through (17) of subsection (c) of Code Section 43-34A-3.
43-34A-5. A patient has the right to inquire as to the estimated charges for a routine office visit, routine treatments, and lab tests prior to receiving such treatment. When asked for such information, the physician or other authorized personnel shall give such information freely and without reservation or evasion. Violation of this right should be reported immediately to the board. Physicians are not responsible for ascertaining the details of the patients insurance coverage and explaining such information to the patient. A physician may require the payment of his or her fee or any applicable copayment in advance of delivering professional services unless otherwise prohibited by law.
43-34A-6. (a) The patient or any person that the board deems to have a legitimate interest has the right to file a grievance with the board concerning a physician, staff, office, or treatment received. (b) A declaration of the patients rights shall be prominently displayed in conspicuous language in the physicians waiting room. This declaration may be contained in the same notice as the right to obtain physician profiles. The declaration of rights shall contain the following statement:
'The patient has the right to file a grievance with the Composite State Board of Medical Examiners concerning the physician, staff, office, and treatment received. The patient should either call the board with such a complaint or send a written complaint to the board. The patient should be able to provide the physician or practice name, the address, and the specific nature of the complaint.' Such notice shall include the current phone number and address of the board.

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(c) The board must review every complaint received to determine if there is sufficient evidence to warrant an investigation according to a procedure established by board regulation. Only investigated complaints upon which the board has taken disciplinary action shall be included in a physicians profile. The board must take the appropriate action as set forth in the regulations promulgated by the board. The board must respond in writing to the complaint within 60 days. In the response, the board shall inform the person whether the complaint is being referred for investigation, and if the complaint has been investigated, the results of the investigation or whether further investigation is required, and any board action taken.
43-34A-7. (a) Any physician or authorized personnel violating any provision of this chapter shall be assessed a monetary fine as determined by the board by regulation for each day or instance of violation. (b) A record of the violation shall be maintained as part of the physician profile.
43-34A-8. (a) The board shall have profiles ready and be able to respond to request for profiles no later than July 1, 2002. (b) All regulations required under this chapter shall be promulgated by the board by July 1, 2002."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 156 as follows:
On Page 6, Line 2 add:
"(22) Number of abortions performed in the last ten years;"

The following amendments were read and ruled not germane:

Representative Bohannon of the 139th moves to amend the Committee substitute to HB 156 as follows:

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By adding on line 12 page 7 the following:
AFTER THE WORD "treatment" delete the period (.) and add a comma (,) and add "a female patient has the right to inquire as to the medical risks associated with an abortion procedure, oncluding accurate risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies and infertility. She also has the right to request alternative option information regarding adoption services, risks of carrying the baby to term, support liability of the father for the child, prenatal, neo-natal and post-partal services available." Renumber the lines accordingly.

Representative Williams of the 83rd moves to amend the Committee substitute to HB 156 as follows:
By adding after the semicolon on line 4 of page 1 the following:
"to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to authority to consent to medical or surgical treatment, so as to change provisions relating to qualifications to consent to certain types of medical treatment;".
By renumbering Sections 2 through 4 as Sections 3 through 5, respectively, and inserting immediately after Section 1 a new Section 2 to read as follows:
"SECTION 2. Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to authority to consent to medical or surgical treatment, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph to describe persons authorized to consent to certain treatment and to read as follows:
'(5) Reserved.

Representative Broome of the 61st moves to amend the Committee substitute to HB 156 as follows:
by deleting the word "and" on line 37, page 5, and by adding after paragraph 20 on said page 5 a new paragraph 21 to read as follows: "(21) Any court-ordered treatment because of the use of drugs, narcotics, chemicals or alcohol; and..." and by renumbering the following paragraph accordingly

Representatives Joyce of the 1st, Rice of the 79th, Mueller of the 152nd, and Mills of the 21st move to amend the Committee substitute to HB 156 as follows:

THURSDAY, FEBRUARY 8, 2001

597

By adding on line 12 of page 1 between the semicolon and the words "to provide" the following:
"to provide that a female patient shall be informed of the medical risks associated with an abortion procedure; to provide when a female has given informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide for reporting; to provide criminal sanctions; to provide for civil actions, damages, and attorneys fees;".
By adding on line 11 of page 7 immediately prior to the article "A" the following:
"(a)".
By adding between lines 18 and 19 on page 7 the following:
"(b) A female patient shall be informed of the medical risks associated with an abortion procedure. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion or by a referring physician, at least 24 hours before the abortion:
(A) The name of the physician who will perform the abortion; (B) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; and (D) The medical risks associated with carrying her child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicates, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this subsection may be construed to preclude provision of required information in a language understood by the patient through a translator;

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(2) The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and (C) That she has the right to review the printed materials described in this Code section, that these materials are available on a state sponsored website, and what the website address is. The physician or the physicians agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee; (3) The female certifies in writing prior to the abortion that the information described in paragraphs (1) and (2) of this subsection has been furnished her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this subsection; and (4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians agent receives a copy of the written certification prescribed by paragraph (3) of this subsection. (c)(1) Within 90 days after this Code section first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the states population and shall cause to be available on the state website provided for in subsection (d) of this Code section, the following printed materials in such a way as to ensure that the information is easily comprehensible: (A) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies; and (B) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term. (2) The materials required under this subsection shall be available at no cost from the Department of Human Resources upon request and in appropriate number to any person, facility, or hospital.

THURSDAY, FEBRUARY 8, 2001

599

(d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section. (e) Any person upon whom an abortion has been performed without complying with this Code section, the father of the unborn child who was the subject of such an abortion, or the grandparent of such an unborn child may maintain an action against the person who performed the abortion in knowing or reckless violation of this Code section for actual and punitive damages. Any person upon whom an abortion has been attempted without complying with this Code section may maintain an action against the person who attempted to perform the abortion in knowing or reckless violation of this Code section for actual and punitive damages."

Representative Joyce of the 1st moved to appeal the ruling of the Chair.

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

N Allen N Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon E Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T
Collins Connell Y Cooper

N Cox N Crawford N Cummings N Davis Y Day N Dean N Deloach, B N Deloach, G N Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd
Forster Y Franklin N Golick N Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard N Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce Y Kaye N Keen Y Knox N Lane N Lanier Y Lewis N Lord
Lucas Y Lunsford
Maddox N Mangham E Mann N Manning N Martin N Massey N McBee
McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Smith, B

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil N Stanley N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the motion, the ayes were 26, nays 142. 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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates

Y Cooper

THURSDAY, FEBRUARY 8, 2001

Y Hudson, N

Y Mosley

Smith, B

601
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 226. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Davis of the 60th, Wix of the 33rd and Richardson of the 26th:
A RESOLUTION recognizing Boy Scout Day; and for other purposes.

HR 227. By Representative Snow of the 2nd:
A RESOLUTION commending the firefighters of Georgia and observing the 29th annual Firefighters' Recognition Day; and for other purposes.

HR 228. By Representatives Birdsong of the 123rd, Bunn of the 74th, Heckstall of the 55th, Roberts of the 162nd, Smith of the 19th and others:
A RESOLUTION expressing regret at the passing of Representative Harold Mann; and for other purposes.

HR 231. By Representatives Powell of the 23rd, Murphy of the 18th, McCall of the 90th, Childers of the 13th, Porter of the 143rd and others:
A RESOLUTION recognizing "Rural Health Day"; and for other purposes.

HR 232. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Graves of the 125th and Ray of the 128th:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, observing February 28, 2001, as Macon Day in Atlanta-Taste of Macon, recognizing the 2001 Cherry Blossom Festival; and for other purposes.

THURSDAY, FEBRUARY 8, 2001

603

HR 233. By Representatives Brooks of the 54th, Mobley of the 69th, Jackson of the 148th, Pelote of the 149th, Seay of the 93rd and others:
A RESOLUTION in memory and honor of the life of Earl T. Shinhoster; and for other purposes.

HR 234. By Representative Smith of the 19th:
A RESOLUTION commending Wauka Mountain Elementary; and for other purposes.

HR 235. By Representatives Parham of the 122nd, Birdsong of the 123rd and Porter of the 143rd:
A RESOLUTION commending Dr. Rosemary DePaolo; and for other purposes.

HR 236. By Representatives Mosley of the 171st and Byrd of the 170th:
A RESOLUTION commending the Wayne County Department of Recreation Senior Boys Baseball Team; and for other purposes.

HR 237. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Jordan of the 96th:
A RESOLUTION commending Thomas M. Mittenzwei, Eagles Landing High School STAR student, and his STAR teacher Kristie Bradford-Hunt; and for other purposes.

HR 238. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A RESOLUTION commending Honorable Marilyn Farmer; and for other purposes.

HR 239. By Representatives Teague of the 58th, Seay of the 93rd, Holmes of the 53rd, Martin of the 47th and Brooks of the 54th:

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JOURNAL OF THE HOUSE

A RESOLUTION recognizing South Fulton County Legislative Day at the Capitol on February 15, 2001; and for other purposes.
HR 240. By Representatives Childers of the 13th, Reece of the 11th and Smith of the 12th: A RESOLUTION commending and congratulating Dawn G. Hampton; and for other purposes.
HR 241. By Representatives Barnard of the 154th, Purcell of the 147th, Lane of the 146th, DeLoach of the 172nd, Brooks of the 54th and others: A RESOLUTION recognizing and commending Shannon Sharpe; and for other purposes.
HR 242. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION commending the Wayne County Department of Recreation Mite Girls Softball Team; and for other purposes.
HR 243. By Representatives Snelling of the 99th, Hembree of the 98th, Westmoreland of the 104th, Walker of the 141st and Murphy of the 18th: A RESOLUTION commending Mrs. Mandy S. Johnson; and for other purposes.
HR 244. By Representatives Barnard of the 154th, Mosley of the 171st, DeLoach of the 172nd, Purcell of the 147th and Tillman of the 173rd: A RESOLUTION honoring Sheriff Cecil Nobles; and for other purposes.
HR 245. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION commending the Wayne County Department of Recreation Junior Girls Softball Team; and for other purposes.

THURSDAY, FEBRUARY 8, 2001

605

HR 246. By Representatives Forster of the 3rd, Watson of the 70th, Snow of the 2nd, Hammontree of the 4th, Heard of the 89th and others: A RESOLUTION commending Major Willie D. Warren, Jr.; and for other purposes.
HR 247. By Representatives Boggs of the 168th, Smith of the 169th, Sims of the 167th, Mosley of the 171st and Houston of the 166th: A RESOLUTION recognizing and commending Joe Morton; and for other purposes.
HR 248. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION commending the Wayne County Department of Recreation Boys Under 12 Soccer Team; and for other purposes.
HR 249. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION commending the Wayne County Department of Recreation Junior Boys Basketball Team; and for other purposes.
HR 250. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION commending the Wayne County Department of Recreation Boys Breast Stroke Swimming Team; and for other purposes.
HR 251. By Representative Royal of the 164th: A RESOLUTION recognizing and commending Mitchell County Primary School; and for other purposes.
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 235. By Representatives Hanner of the 159th, Hudson of the 156th and Ray of the 128th:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, and Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to transfer the Georgia Agrirama Development Authority from assignment to the Department of Agriculture to assignment to the Department of Natural Resources for administrative purposes and support services; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Natural Resources and Environment moves to amend HB 235 as follows:
By striking on line 23 of page 2 the number "14" and inserting in lieu thereof the number "15". By striking lines 31 and 32 of page 2 and inserting in lieu thereof the following:
"of directors of that organization; (7) The director of the State Soil and Water Conservation Commission; and (8) Eight members to be appointed by the Governor, two of whom shall be residents of"

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

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell
Birdsong Y Black Y Boggs

Y Cox Crawford
Y Cummings Y Davis
Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner

Y Hudson, S Y Hugley
Irvin Jackson, B Jackson, L Y James Y Jamieson Y Jenkins Jennings Y Johnson Jordan

Y Mueller Y Orrock
Parham Y Parrish Y Parsons
Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell

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

Y Bohannon E Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 8, 2001

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Joyce Kaye
Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Ragas Randall Ray
Y Reece Reed
Y Reese Y Reichert
Rice Y Richardson Y Roberts, D
Roberts, L Rogers Y Royal Y Sailor Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Sholar Sims Sinkfield Y Skipper Smith, B

607
Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Hembree of the 98th and Jennings of the 63rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 206. By Representatives Scheid of the 17th, Hanner of the 159th, Stancil of the 16th and Pinholster of the 15th:
A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to provide that local water authorities shall have the authority to establish a program pursuant to which customers may make voluntary contributions to conservation and environmental projects; to provide that such authorities may establish and operate such projects; and for other purposes.

608

JOURNAL OF THE HOUSE

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

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson
Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed Y Reese Y Reichert Rice Richardson Y Roberts, D Roberts, L Rogers Y Royal Y Sailor Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Sims Sinkfield Y Skipper Smith, B

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 8, 2001

609

Representatives Hembree of the 98th, Jennings of the 63rd and Teper of the 61st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 17.

By Representatives Royal of the 164th, Hanner of the 159th and McCall of the 90th:
A RESOLUTION ratifying the rules of the Board of Natural Resources for administration and implementation of Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the '"Flint River Drought Protection Act"; and for other purposes.

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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hembree Henson Y Hines

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan

Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles

610
Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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, HR 17 was ordered immediately transmitted to the Senate.

HB 129. By Representatives Coleman of the 142nd, Hanner of the 159th, Powell of the 23rd, Floyd of the 138th, Greene of the 158th and others:
A BILL to amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to reconstitute such commission and to add additional members; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to add additional members; 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 12-6-2 of the Official Code of Georgia Annotated, relating to the creation

THURSDAY, FEBRUARY 8, 2001

611

of the State Forestry Commission and the composition of such commission, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof the following:
"(b) The commission shall be composed of five seven members. Three of the members shall be owners, or representatives of owners, of 50 acres or more of forest land within the State of Georgia and two members shall be manufacturers or processors of forest products, or representatives thereof. The members of the commission shall be appointed by the Governor and confirmed by the Senate and shall hold office until their successors are appointed and qualified."
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:

Allen Y Amerson
Anderson Y Ashe N Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter N Burmeister Y Byrd N Callaway

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick N Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard

Y Hudson, S Y Hugley N Irvin
Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins N Jennings Y Johnson
Jordan N Joyce N Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin

Y Mueller Y Orrock
Parham Y Parrish Y Parsons
Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed N Reese Y Reichert
Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L

612
N Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

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Y Heckstall Hembree Henson
N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

N Massey Y McBee
McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 109, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hembree of the 98th and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 88. By Representatives Lucas of the 124th and Jamieson of the 22nd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County; authorizing the conveyance of certain state owned property located in Colquitt County; authorizing the conveyance of certain state owned real property located in Cook County; authorizing the conveyance of certain state owned real property in Early County; authorizing the conveyance of certain state owned property located in Franklin County; authorizing the conveyance of certain state owned property located in Washington County; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned property located in Colquitt County, Georgia; authorizing the conveyance of certain state owned real property located in Cook County, Georgia; authorizing the conveyance of certain state owned real property in Early County, Georgia; authorizing the conveyance of certain

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state owned property located in Franklin County, Georgia; authorizing the conveyance of certain state owned property located in Washington County, Georgia; authorizing the conveyance of certain state owned real property located in Whitfield 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 located in Pickens County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the Land Lot 11 of the 16th District, 3rd Section and Land Lot 21 of the 15th District, 3rd Section, of Bartow County and containing a total of approximately 1.76 acres and being shown as highlighted in yellow on a drawing prepared by CSX Transportation, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the State Properties Commission; (4) The above-described property is a portion of the Western and Atlantic Railroad right of way; (5) The above-described property is not within the lease limits of the Western and Atlantic Railroad right of way currently leased to CSX Transportation; and (6) CSX Transportation is desirous of acquiring the above-described property for use in expanding their services in the area; and
WHEREAS: (1) The State of Georgia is the owner of an interest in a certain parcel of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 260 of the 8th District of Colquitt County and containing approximately 2.74 acres as shown marked in yellow on a drawing prepared by Colquitt County and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Forestry Commission; (4) The above-described property was deeded to the state by the City of Moultrie on June 28, 1995, for a consideration of $1.00; (5) Colquitt County is desirous of acquiring the above-described property in conjunction with the construction of a new county road project; and (6) The Georgia Forestry Commission has no objection to the conveyance of the above-described property to Colquitt County for said road project; and

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WHEREAS: (1) The State of Georgia is the owner of an interest in a certain parcel of real property located in Cook County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Sparks, Cook County, and containing approximately 0.186 of one acre and located at the intersection of Gordon Street and Goodman Street as described on that certain deed dated August 6, 1979, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property was deeded to the City of Sparks and Georgia Department of Human Resources on August 6, 1979, by Cecil Spearman for use as a Senior Citizens Center; (4) The City of Sparks is desirous of acquiring the States interest in the abovedescribed property; and (5) The Department of Human Resources has no objections to the conveyance of the subject property interest; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Early County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 125 of the 28th Land District of Early County within the city limits of the City of Blakely and containing approximately 1.84 acres as shown on a plat of survey dated March 28, 2000, prepared by G. L. Holman, Georgia Registered Land Surveyor No. 2033, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The subject property is a portion of the Early County Satellite Campus of Albany Technical Institute; (4) Early County has agreed to construct a child care facility on the subject property to be operated by the child care program of the Early County Satellite Campus of Albany Technical Institute; and (5) The Department of Technical and Adult Education is desirous of conveying said property to Early County for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Franklin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the city limits of Lavonia and being a lot fronting a distance of 340 feet on the west side of Augusta Road and extending back to Joharvie Street, containing four and forty-eight one hundredths (4.48) acres, more or less. Said lot is bounded on the north by the

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American Legion lot; on the east by Augusta Road; on the south by Masonic Lodge lot and by Lucille Street; on the west by Joharvie Street, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The subject property is the site of the Franklin County National Guard Armory; (4) The Georgia Department of Defense is consolidating many of its activities throughout the state and has determined the need to close the Franklin County National Guard Armory and has declared the property surplus; and (5) The City of Lavonia is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Washington County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 97th GMD of Washington County containing approximately 0.60 of one acre and shown marked in yellow on a drawing prepared by the Washington County Board of Education, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The subject property is a portion of the Sandersville Regional Youth Detention Center; (4) The campus of the Washington County High School adjoins the campus of the Sandersville Regional Youth Detention Center; (5) The Washington County Board of Education is desirous of acquiring the abovedescribed state owned property for expansion of certain physical education facilities on the school campus; and (6) The Department of Juvenile Justice has no objection to the conveyance of the above-described property to the Washington County Board of Education; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section of Whitfield County and containing a total of approximately 2.5 acres and being more particularly described as parcels numbers 3 and 6 of the Western and Atlantic Railroad Valuation Map No. V2/51 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the State Properties Commission and is a portion of the Western and Atlantic Railroad right of way;

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(4) The above-described property is not within the lease limits of the Western and Atlantic Railroad right of way currently leased to CSX Transportation; (5) The above-described property is currently leased to the ConAgra Poultry Company which has expressed an interest in terminating the lease; and (6) The City of Tunnel Hill is desirous of acquiring the subject property for parking in conjunction with the Tunnel Hill historic tunnel site; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said property is all that tract or parcel located in Land Lot 352 of the 12th District, 3rd Section of Whitfield County containing approximately 1.61 acres and identified as Tract 2 on a plat of survey prepared by Donald O. Babb, Georgia Registered Land Surveyor # 2029, dated November 1, 2000, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Corrections; (4) It has been determined that Textile Industrial Welding, Inc., which adjoins the subject property, has encroached upon the subject property; (5) Textile Industrial Welding is desirous of acquiring the subject property in order to cure encroachment; and (6) The Department of Corrections has no objection to the conveyance of the subject property to Textile Industrial Welding, Inc.; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 6th GMD of Chatham County and containing approximately 0.179 of one acre and being more particularly described as follows: Beginning at a point located on the south existing right of way of Eisenhower Drive, 57.81 feet right of and opposite Eisenhower Drive Construction Centerline Station 1+410.00; thence S 72 degrees 21N 40O E along said existing right of way line a distance of 511.81 feet to a point; thence N 85 degree 19N 19O W a distance of 77.42 feet to a point; thence N72 degrees 23N 56O W a distance of 318.24 feet to a point; thence N68 degrees 18N 39O W a distance of 118.41 feet to a point; thence N 17 degrees 35N 04O a distance of 9.21 feet back to said pointy of Beginning, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is under the custody of the Department of Human Resources at its Savannah Regional Hospital; and

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(4) Chatham County is in the process of planning and constructing Phase III of the Truman Parkway project; (5) Chatham County is desirous of acquiring the above-described property in conjunction with the construction of Truman Parkway project; and (6) The Department of Human Resources has no objection to the conveyance of the above-described property to Chatham County for said road project; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Pickens County, Georgia; (2) Said property is all that tract or parcel located in Land Lot 306 of the 12th District, 3rd Section of Pickens County containing approximately 1.781 acres as described on a plat of survey prepared by James Charles Boling, Georgia Registered Land Surveyor #2531, dated July 31, 2000, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Technical and Adult Education; (4) The Department of Technical and Adult Education has reached an agreement with the City of Jasper, Pickens County, whereby the said department will exchange the above-described property for a parcel of equal size; (5) The Department of Technical and Adult Education intends to construct a new cooperative learning center on the site the City of Jasper has agreed to convey to the state; and (6) The City of Jasper, Pickens County, is desirous of making said exchange.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described real property located in Bartow County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real property may be sold to CSX Transportation, Inc. for a consideration of the fair market value of such property, as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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SECTION 3. That the authorization in this resolution to convey the above-described property to CSX Transportation, Inc. shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed to CSX Transportation, Inc.
SECTION 7. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 8. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.
ARTICLE II SECTION 9.
That the State of Georgia is the owner of the above-described real property located in Colquitt County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 10. That the above-described real property may be conveyed by appropriate instrument to Colquitt County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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SECTION 11. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 13. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 14. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed to Colquitt County.
SECTION 15. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 16. That all costs associated with the sale of the above-described property shall be borne by the Georgia Forestry Commission.
ARTICLE III SECTION 17.
That the State of Georgia is the owner of the above-described real property located in Cook County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 18. That the State of Georgias interest, if any, in the above-described real property may be conveyed by appropriate instrument to the City of Sparks, Cook County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for a public purpose, 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 19. That the authorization in this resolution to convey the above-described property to the City of Sparks, Cook County, shall expire three years after the date that this resolution becomes effective.

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SECTION 20. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 21. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cook County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 22. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed to the City of Sparks, Cook County.
SECTION 23. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 24. That all costs associated with the sale of the above-described property shall be borne by the Department of Human Resources.
ARTICLE IV SECTION 25.
That the State of Georgia is the owner of the above-described real property located in Early County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described real property may be conveyed by appropriate instrument to Early County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose, 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 27. That the authorization in this resolution to convey the above-described property to Early County shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 30. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Early County.
SECTION 31. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 32. That all costs associated with the sale of the above-described property shall be borne by the Department of Technical and Adult Education.
ARTICLE V SECTION 33.
That the State of Georgia is the owner of the above-described real property located in Franklin County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 34. That the above-described real property may be conveyed by appropriate instrument to the City of Lavonia, Franklin County, by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose; provided, however, that if the City of Lavonia, Franklin County, should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission. All proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the state treasury. Any such conveyance to the City of Lavonia, Franklin County, or to a third party shall be subject to 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 35. That the authorization in this resolution to convey the above-described property to the City of Lavonia, Franklin County, shall expire five years after the date that this resolution becomes effective.

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SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 37. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 38. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed to the City of Lavonia, Franklin County.
SECTION 39. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 40. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense.
ARTICLE VI SECTION 41.
That the State of Georgia is the owner of the above-described real property located in Washington County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 42. That the above-described real property may be conveyed by appropriate instrument to the Washington County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose; provided, however, that if the Washington County Board of Education should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission. All proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the state treasury. Any such conveyance to the Washington County Board of Education or to a third party shall be subject to such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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SECTION 43. That the authorization in this resolution to convey the above-described property to the Washington County Board of Education shall expire three years after the date that this resolution becomes effective.
SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 45. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 46. That custody of the above-described property shall remain in the Department of Juvenile Justice until the property is conveyed to the Washington County Board of Education.
SECTION 47. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 48. That all costs associated with the sale of the above-described property shall be borne by the Department of Juvenile Justice.
ARTICLE VII SECTION 49.
That the State of Georgia is the owner of the above-described real property located in Whitfield County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 50. That the above-described real property may be conveyed by appropriate instrument to the City of Tunnel Hill, Whitfield County, by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose; provided, however, that if the City of Tunnel Hill, Whitfield County, should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission. All proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties

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Commission and deposited in the state treasury. Any such conveyance to the City of Tunnel Hill, Whitfield County, or to a third party shall be subject to 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 51. That the authorization in this resolution to convey the above-described property to the City of Tunnel Hill, Whitfield County, shall expire three years after the date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 53. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 54. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed to the City of Tunnel Hill, Whitfield County.
SECTION 55. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 56. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.
ARTICLE VIII SECTION 57.
That the State of Georgia is the owner of the above-described real property located in Whitfield County and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 58. That the above-described state owned property may be conveyed to Textile Industrial Welding, Inc., by appropriate instrument by the State of Georgia, acting by and through State Properties Commission, for a consideration of the fair market value and such further

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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 59. That the authorization in this resolution to convey the above-described property to Textile Industrial Welding, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 61. That the lease shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 62. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed to Textile Industrial Welding, Inc.
SECTION 63. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 64. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.
ARTICLE IX SECTION 65.
That the State of Georgia is the owner of the above-described real property located in Chatham County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 66. That the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through State Properties Commission, for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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SECTION 67. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 69. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 70. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed to Chatham County.
SECTION 71. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 72. That all costs associated with the sale of the above-described property shall be borne by the Department of Human Resources.
ARTICLE X SECTION 73.
That the State of Georgia is the owner of the above-described real property located in Pickens County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 74. That the above-described real property may be conveyed to the City of Jasper, Pickens County, by appropriate instrument by the State of Georgia, acting by and through the State Properties Commission, in exchange for a certain parcel owned by the City of Jasper, Pickens County, as approved by the Department of Technical and Adult Education, 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 75. That the authorization in this resolution to convey the above-described property to the

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City of Jasper, Pickens County, shall expire three years after the date that this resolution becomes effective.
SECTION 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 77. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Pickens County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 78. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to the City of Jasper, Pickens County.
SECTION 79. That all funds generated from the sale of the above-described property, if any, shall be deposited in the state treasury.
SECTION 80. That all costs associated with the sale of the above-described property shall be borne by the Department of Technical and Adult Education.
ARTICLE XI SECTION 81.
That all laws and parts of laws in conflict with this resolution are repealed.

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

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

Allen Amerson Anderson Y Ashe Y Bannister Y Barnard Barnes Y Bell

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G

Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins

Y Mueller Y Orrock Y Parham
Parrish Y Parsons Y Pelote
Pinholster Poag

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling

628
Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hembree Henson Y Hines Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 146, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Amerson of the 7th, Hembree of the 98th, and Holland of the 157th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 101. By Representatives Mosley of the 171st, Channell of the 111th, Byrd of the 170th, Hudson of the 120th, Powell of the 23rd and others:
A RESOLUTION urging the Congress of the United States to amend Title XXI of the federal Social Security Act to remove exclusions which prohibit expansion of the PeachCare for Kids Program under Code Section 49-5-273 to cover children of public school employees; and for other purposes.

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The following amendment was read and adopted:

Representatives Mosley of the 171st and Byrd of the 170th move to amend HR 101 as follows:
By striking "school" from lines 3, 10, and 16 of page 1.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

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On the adoption of the Resolution, as amended, the ayes were 159, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 187. By Representatives Powell of the 23rd, Parham of the 122nd and Walker of the 141st:
A BILL to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to provide that minimum uninsured motorist coverages shall be equal to the limits of liability contained in the insured's automobile or motor vehicle liability policy; and for other purposes.
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 uninsured motorist coverage under motor vehicle liability policies, so as to provide that minimum uninsured motorist coverages shall be equal to the limits of liability contained in the insureds automobile or motor vehicle liability policy; 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 uninsured motorist coverage under motor vehicle liability policies, is amended by striking paragraph (1) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) 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 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:

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(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property; or (B) Equal to 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 insureds personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured if those limits of liability exceed the limits of liability set forth in subparagraph (a)(1)(A) of this Code section. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability but not in an amount less than that specified in subparagraph (a)(1)(A) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn E Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L

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Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sanders E Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

Representatives Bunn of the 74th and Seay of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Natural Resources & Environment:

HB 375. By Representatives Shaw of the 176th, Crawford of the 129th, McCall of the 90th, Borders of the 177th, Jamieson of the 22nd and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Training and Education Authority; and for other purposes.

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:

HB 71. By Representatives Sims of the 167th, Coleman of the 142nd, Walker of the 141st, Mosley of the 171st, Bulloch of the 180th and others:

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633

A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize loans from certain funds granted to the state by the administrator of the federal Environmental Protection Agency for purposes of financing water pollution control projects; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox N Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 2.

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

HR 139. By Representatives Walker of the 141st, Channell of the 111th and James of the 140th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Houston County; authorizing the conveyance of certain state owned real property located in Putnam County; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford
Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick
Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 8, 2001

Y Houston Howard
Y Hudgens Y Hudson, N

E Mills Y Mobley Y Morris Y Mosley

Y Sims Y Sinkfield Y Skipper
Smith, B

635
Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representatives Stephens of the 150th and Walker of the 141st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 224 was postponed until Friday, February 9, 2001.

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

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Representative Hall, Atlanta, Georgia Friday, February 9, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon E Bordeaux Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn E Burkhalter Burmeister Callaway Campbell Childers Coan

Coleman, B Coleman, T Connell Cox Crawford Cummings Davis E Day Deloach, B Deloach, G Dodson Drenner Ehrhart Everett Forster Franklin Golick Graves Greene Hammontree Hanner Harbin Harrell Hembree E Henson Hines

Holland Holmes Houston Howard Hudgens Hugley E Jackson, B James Jennings Johnson Jordan Keen Knox Lane Lanier Lewis Lunsford E Mann Manning Martin McCall Millar Mills Morris Mueller Orrock

Parham Parrish Parsons Pelote Pinholster Poag Powell Purcell Ray Reese Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Skipper Smith, C.W

Smith, L Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil Stephens Stokes Taylor Teague Teper Tillman Turnquest Twiggs Unterman Walker, L Westmoreland Wiles Wilkinson Willard Williams Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Cash of the 108th, Collins of the 29th, Cooper of the 31st, Dukes of the 161st, Epps of the 131st, Floyd of the 138th, Heckstall of the 55th, Hudson of the 156th, Hudson of the 120th, Jackson of the 148th, Jenkins of the 110th, Kaye of the 37th, Lord of the 121st, Lucas of the 124th, Maddox of the 72nd, Mangham of the 75th, Massey of the 86th, McBee of the 88th, McClinton of the 68th, Porter of the 143rd, Randall of the 127th, Reed of the 52nd, Reichert of the

FRIDAY, FEBRUARY 9, 2001

637

126th, Sinkfield of the 57th, Smith of the 175th, Smyre of the 136th, Squires of the 78th, Walker of the 87th, Watson of the 70th, and West of the 101st.
They wish to be recorded as present.

Prayer was offered by the Reverend Steve Gibson, Pastor, Fortsonia Baptist Church, Elberton, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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 467. By Representatives Coleman of the 80th, Mills of the 21st, Lunsford of the 109th, Manning of the 32nd, Smith of the 102nd and others:

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A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on a service retirement under the Teachers Retirement System of Georgia and related matters, so as to lessen the reduction in benefits for early retirement; and for other purposes.

Referred to the Committee on Retirement.

HB 468. By Representatives Coleman of the 80th, Cummings of the 27th, McBee of the 88th, Smith of the 102nd, Purcell of the 147th and others:
A BILL to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a service retirement upon the attainment of 29 years of creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 469. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to provide for a homestead exemption from certain Forsyth 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; and for other purposes.

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

HB 470. By Representatives Channell of the 111th, Parrish of the 144th, Porter of the 143rd, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to permit the department to appoint a health care work force policy advisory committee and to receive gifts and donations; to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund; to amend Code Section 43-34-24.1 of the Official Code of Georgia Annotated, relating to investigators for the Composite State Board of

FRIDAY, FEBRUARY 9, 2001

639

Medical Examiners; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 471. By Representatives Powell of the 23rd, Hudson of the 156th, Coleman of the 142nd, Royal of the 164th, Parrish of the 144th 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 rural hospitals from certain restrictions relating to those transactions; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 472. By Representatives Martin of the 47th and Jamieson of the 22nd:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide an exemption for certain food and beverage sales by units of the Campfire Boys and Girls, Inc.; and for other purposes.

2/9/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 472. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Martin District 47

Referred to the Committee on Ways & Means.

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HB 473. By Representatives Taylor of the 134th, Hugley of the 133rd, Reed of the 52nd, Squires of the 78th, Stanley of the 49th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for reporting of personnel actions of local boards of education; to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to public education oversight and accountability, so as to provide for an enhanced annual report on the Georgia education workforce submitted by the Office of Education Accountability; and for other purposes.

Referred to the Committee on Education.

HB 474. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A BILL to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to revise requirements for procedures relative to the creation of the transfer of development rights within or between political subdivisions; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 475. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to provide for a homestead exemption from certain Forsyth County School District ad valorem taxes for educational 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 the current owner; and for other purposes.

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

HB 476. By Representatives Taylor of the 134th, Hugley of the 133rd, Squires of the 78th, Stanley of the 49th, Mangham of the 75th and others:

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641

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 prohibit the permanent expulsion of students under the age of 16 years old; and for other purposes.
Referred to the Committee on Education.
HB 477. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th, 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 jurisdiction of the recorder's court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 478. By Representatives Murphy of the 18th, Martin of the 47th, Bordeaux of the 151st, Hammontree of the 4th and Dix of the 76th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change a provision relating to an insurer's liability for a bad faith refusal to pay for a loss covered by insurance; to provide for a private cause of action for unfair claims settlement practices in certain circumstances and to provide for certain procedures in connection therewith; and for other purposes.
Referred to the Committee on Judiciary.
HB 479. By Representatives Holmes of the 53rd, Hudson of the 120th, DeLoach of the 172nd and Watson of the 70th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons are not eligible for party nomination, public office, or the performance of certain official acts; to provide that the Secretary of State shall not serve in a fiduciary role in any campaign of a candidate for an office which must be certified by the

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Secretary of State; to require that the municipal superintendent must be appointed in a public meeting and the appointment recorded on the minutes of the meeting; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 480. By Representatives Powell of the 23rd and Parham of the 122nd:
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 restoration of licenses to persons completing defensive driving courses or alcohol or drug programs; to regulate such courses and programs; to amend Title 43 of the Official Code of Georgia Annotated, relating to businesses and professions, so as to change certain provisions relating to instructors in driver training and operators of driver training schools; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 481. By Representatives Parham of the 122nd, Childers of the 13th, Parrish of the 144th, Graves of the 125th and Stephens of the 150th:
A BILL to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change the provisions relating to definitions; to provide for an exemption for the Georgia Emergency Management Agency from certain registration and permit requirements; to change the provisions relating to dispensing drugs by certain practitioners; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 482. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-8-23 of the Official Code of Georgia Annotated, relating to vehicle taillights, so as to change certain provisions relating to lenses; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 483. 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; and for other purposes.
2/9/2001 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 483. This notice is made prior to or upon reading the Bill the first time.
Representative Wix District 33
Referred to the Committee on Ways & Means.
HB 484. By Representative Parham of the 122nd: A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and various other provisions of the Official Code of Georgia Annotated, so as to provide for matters relative to the creation and implementation of the Department of Motor Vehicle Safety and its governing board and commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 485. By Representatives Buck of the 135th, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and Coleman of the 142nd:

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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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 486. By Representatives McBee of the 88th, Shanahan of the 10th and Cummings of the 27th:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 487. By Representatives Buckner of the 95th, Randall of the 127th, Crawford of the 129th, Coleman of the 142nd, Barnes of the 97th and others:
A BILL to amend the Official Code of Georgia Annotated so as to change references to the Department of Archives and History to the Division of Archives and History; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 488. By Representatives Porter of the 143rd, Parham of the 122nd, Parrish of the 144th, Channell of the 111th, Purcell of the 147th and others:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; and for other purposes.

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Referred to the Committee on Retirement.
HB 489. By Representative Reece of the 11th:
A BILL to create a board of elections and registration for Chattooga County and provide for its powers and duties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 490. By Representatives Jamieson of the 22nd, Holmes of the 53rd and Teper of the 61st:
A BILL to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to income tax credits for certain business enterprises in designated less developed areas, so as to provide for such credits with respect to any business in certain additional designated areas; and for other purposes.
Referred to the Committee on Ways & Means.
HB 491. By Representatives Smith of the 102nd, Cummings of the 27th, Lord of the 121st, Harbin of the 113th, Golick of the 30th and others:
A BILL to make continuing health insurance coverage more accessible; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to reduce the years of creditable service required for teachers and other employees of public schools to be offered continuing health insurance coverage; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, to permit monthly premium payments for continuing health insurance coverage; and for other purposes.
Referred to the Committee on Insurance.

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HB 492. By Representatives Willard of the 44th and 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; and for other purposes.

Referred to the Committee on Judiciary.

HB 493. By Representatives Callaway of the 81st, Jamieson of the 22nd, Reese of the 85th, Westmoreland of the 104th, Coleman of the 80th 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, summer school, or both, for children in certain circumstances; and for other purposes.

Referred to the Committee on Ways & Means.

HB 494. By Representatives Callaway of the 81st and Reese of the 85th:
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; and for other purposes.

Referred to the Committee on Appropriations.

HB 495. By Representatives Callaway of the 81st, Stuckey of the 67th and Campbell of the 42nd:

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647

A BILL to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, and Code Section 19-11-101 of the Official Code of Georgia Annotated, relating to definitions relative to the Uniform Interstate Family Support Act, so as to change the definition of the offense to include intentional escape from lawful custody or lawful confinement for failure to comply with a child support order; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 496. By Representatives Callaway of the 81st, Davis of the 60th, Reese of the 85th, Burmeister of the 114th, Irvin of the 45th 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 credit against Georgia income tax for individuals who reside in a permanent place of residence located in this state for the entire calendar year; and for other purposes.

Referred to the Committee on Ways & Means.

HR 223. By Representatives Taylor of the 134th, Murphy of the 18th, Hugley of the 133rd, Reed of the 52nd, Squires of the 78th and others:
A RESOLUTION creating the Joint Study Committee on Public School Size; and for other purposes.

Referred to the Committee on Rules.

HR 224. By Representative Walker of the 87th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education, their terms of office, and vacancies; and for other purposes.

Referred to the Committee on Education.

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HR 225. By Representatives Franklin of the 39th, Ehrhart of the 36th, Williams of the 83rd and Kaye of the 37th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that salaries of teachers may be supplemented with private funds donated to a bona fide nonprofit organization established under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and for other purposes.
Referred to the Committee on Appropriations.
HR 229. By Representatives Powell of the 23rd, Parham of the 122nd and Cummings of the 27th:
A RESOLUTION urging the United States Congress to provide for a review and revision of the Federal Motor Vehicle Safety Standard for motorcycle helmets (FMVSS 218) based on conclusions drawn from comprehensive testing performed under realistic motorcycle accident conditions; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 230. By Representatives Powell of the 23rd, Murphy of the 18th, McCall of the 90th, Channell of the 111th, Porter of the 143rd and others:
A RESOLUTION urging certain actions regarding rural hospitals; and for other purposes.
Referred to the Committee on Health & Ecology.
HR 252. By Representative Twiggs of the 8th:
A RESOLUTION designating the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, as the annual "Kansas City Barbeque Society Georgia State Championship"; and for other purposes.

FRIDAY, FEBRUARY 9, 2001

649

Referred to the Committee on State Planning & Community Affairs .

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

HB 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.

Referred to the Committee on Health & Ecology.

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

HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452

HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464 HB 465 HB 466 HR 221 SB 22

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HB 453 HB 454

JOURNAL OF THE HOUSE SB 67

Pursuant to Rule 52, Representative Borders of the 177th moved that the following Bill of the House be engrossed:

HB 439. By Representatives Borders of the 177th, Buck of the 135th, Epps of the 131st, Shaw of the 176th, Jackson of the 148th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, wallets, and bags for a limited period of time; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Borders of the 177th moved that the following Bill of the House be engrossed:

HB 440. By Representatives Borders of the 177th, Buck of the 135th, Epps of the 131st, Shaw of the 176th, Jackson of the 148th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain clothing, wallets, and bags for a limited period of time; and for other purposes.

The motion prevailed.

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

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651

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 182 Do Pass

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

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 357 Do Pass, by Substitute HB 393 Do Pass

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 143 Do Pass HR 175 Do Pass HR 206 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 and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 21 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 261 Do Pass HB 299 Do Pass, by Substitute HB 331 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman
The following report of the Committee on Rules was read and adopted:

FRIDAY, FEBRUARY 9, 2001

653

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 9, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

HB 32 HB 138
HB 151 HB 155 HB 228 HB 285 HB 412

Sheriffs; vacancies in offices Drivers' licenses or identification cards; registration with U. S. Selective Service System Motor vehicles on public roads; prohibit nitrous oxide Bingo; certain nonprofit organizations; licensure qualifications Textbooks; require electronic format; visually impaired students Eye banks; operators; provisions Developmental highway system; change description

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 21.

By Representatives Manning of the 32nd, Parsons of the 40th, Collins of the 29th, Johnson of the 35th, Golick of the 30th and others:
A BILL to provide for a homestead exemption from certain City of Marietta 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; and for other purposes.

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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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Cox Crawford Y Cummings Y Davis E Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

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655

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 77.

A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to provide that it shall be unlawful to leave a child six years old or younger unattended in a motor vehicle; to provide for penalties; to repeal conflicting laws; and for other purposes.

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

SB 77.

By Senator James of the 35th:
A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to provide that it shall be unlawful to leave a child six years old or younger unattended in a motor vehicle; to provide for penalties; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

Representative Hanner of the 159th arose to a point of personal privilege and addressed the House.

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

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

HR 253. By Representative Reece of the 11th:
A RESOLUTION recognizing February 14, 2001 as GAE-ESP Day and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 254. By Representative Reece of the 11th:
A RESOLUTION commending the International Technology Education Association and inviting its representatives to appear before the House of Representatives; and for other purposes.

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

HR 175. By Representative Smith of the 102nd:
A RESOLUTION commending the Harris County High School Varsity Ladies Fast Pitch Softball Team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

HR 206. By Representatives Turnquest of the 73rd, Mobley of the 69th, Heard of the 89th, Epps of the 131st, Watson of the 70th and others:
A RESOLUTION honoring the Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the Eastern Star and inviting the members to appear before the House of Representatives; and for other purposes.

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:

FRIDAY, FEBRUARY 9, 2001

657

HB 224. By Representatives Stuckey of the 67th, Graves of the 125th, Reichert of the 126th, Epps of the 131st, Jennings of the 63rd and others:
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; and for other purposes.

The following Committee substitute was read:

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 related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking paragraph (13) of Code Section 3-1-2, relating to definitions, and inserting in lieu thereof a new paragraph (13) to read as follows:
"(13) 'Malt beverage' means a standard malt beverage or a strong malt beverage defined as follows:
(A) 'Standard malt beverage' means any alcoholic malt beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 6 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (B) 'Strong malt beverage' means any malt beverage containing not more than 14 percent alcohol by volume for Belgian strong ale, French strong ale, English strong ale, Scottish strong ale, imperial stout, bock, and barley wine beer. The term does not include sake, known as Japanese rice wine."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and ruled not germane:

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JOURNAL OF THE HOUSE

Representatives Irvin of the 45th and Ashe of the 46th move to amend the Committee substitute to HB 224 by adding after the first semicolon on line 2 of page 1 the following:
"to limit the times during which sales of alcoholic beverages for consumption on the premises are permitted;".
By adding between lines 19 and 20 of page 1 the following:
"Section 1.1. Said title is further amended by adding after Code Section 3-3-7 a new Code section to read as follows:
'3-3-7.1. Notwithstanding any other provision of law to the contrary, the sale of alcoholic beverages for consumption on the premises in any county or municipality in which such sale is otherwise lawful shall be unlawful from 2:00 A.M. until 7:00 A.M. each day of the week and weekend.'"
The following amendment was read:
Representatives Stuckey of the 67th, Walker of the 141st, Coleman of the 142nd, Ehrhart of the 36th, and Millar of the 59th move to amend the Committee substitute to HB 224 by inserting on line 2 of page 1 the following: "to provide that strong malt beverages may only be sold at retail by a licensed retail dealer in distilled spirits or a licensed retail consumption dealer in distilled spirts;"
By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Said title is further amended by inserting at the end of Article 1 of Chapter 4, relating to general provisions relative to distilled spirits, a new Code Section 3-4-4 to read as follows:
'3-4-4. Strong malt beverages, as defined in paragraph (13) of Code Section 3-1-2, may only be sold at retail by a licensed retail dealer in distilled spirits or a licensed retail consumption dealer in distilled spirits.'"
Pursuant to Rule 134, Representative Epps of the 131st was excused from voting on the Stuckey amendment to HB 224.

FRIDAY, FEBRUARY 9, 2001

659

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

N Allen Y Amerson N Anderson Y Ashe N Bannister Y Barnard Y Barnes N Bell N Birdsong Y Black Y Boggs Y Bohannon E Bordeaux N Borders Y Bridges Y Brooks Y Broome Y Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash N Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner N Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin N Golick N Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines Y Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Johnson N Jordan
Joyce Y Kaye N Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford Y Maddox N Mangham E Mann N Manning Y Martin Y Massey N McBee Y McCall N McClinton N McKinney Y Millar N Mills N Mobley N Morris Y Mosley

Y Mueller Y Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster Y Poag N Porter N Powell Y Purcell N Ragas N Randall E Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan N Shaw Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil N Stanley N Stanley-Turner N Stephens E Stokes Y Stuckey N Taylor N Teague Y Teper N Tillman Y Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N Wiles N Wilkinson Y Willard N Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 109, nays 59. The amendment was adopted.

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 Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes N Bell N Birdsong Y Black N Boggs N Bohannon E Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd E Callaway N Campbell N Cash N Channell N Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford N Cummings N Davis E Day Y Dean N Deloach, B N Deloach, G N Dix N Dodson Y Drenner Y Dukes Y Ehrhart
Epps N Everett N Floyd N Forster Y Franklin N Golick Y Graves N Greene N Hammontree N Hanner N Harbin Y Harrell N Heard Y Heckstall N Hembree E Henson N Hines N Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, N

Y Hudson, S N Hugley Y Irvin E Jackson, B Y Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson Y Jordan
Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox N Mangham E Mann Y Manning Y Martin N Massey N McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley N Morris N Mosley

N Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster N Poag Y Porter N Powell N Purcell Y Ragas Y Randall E Ray N Reece N Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre Y Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey N Taylor
Teague Y Teper N Tillman Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles Y Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 60, nays 108. The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 138. By Representatives Birdsong of the 123rd, Hudson of the 120th, Channell of the 111th, Jackson of the 112th and Smith of the 19th:

FRIDAY, FEBRUARY 9, 2001

661

A BILL to support the national defense by promoting registration of certain Georgia residents with the United States Selective Service System as required by federal law; to provide for transmittal of information regarding certain persons to the United States Selective Service System; to require registration with the United States Selective Service System or consent thereto at the time of application of certain persons for issuance or renewal of drivers' licenses or identification cards; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicle drivers' licenses, so as to provide for the foregoing; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon E Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes

Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye
Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall E Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

662
Y Coleman, T Collins
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Houston Howard
Y Hudgens Y Hudson, N

Y Mills Y Mobley Y Morris Y Mosley

Y Sims Sinkfield
Y Skipper Smith, B

Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Collins of the 29th, Keen of the 174th, and Pinholster of the 15th 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 Lucas of the 124th 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 224.

The following Resolutions of the House were read and adopted:

HR 259. By Representative Smith of the 169th:
A RESOLUTION commending Hallie Ward Edwards on her thirty-ninth birthday; and for other purposes.

HR 260. By Representatives Coleman of the 80th, Murphy of the 18th, Millar of the 59th, Westmoreland of the 104th and Walker of the 141st:
A RESOLUTION expressinig regret at the passing of Dale Evans; and for other purposes.

By unanimous consent, all remaining Bills on the Calendar were postponed until Monday, February 12, 2001.

The following communications were received:

FRIDAY, FEBRUARY 9, 2001

663

House of Representatives Atlanta
January 22, 2001
Honorable Jimmy Skipper Representative, District 137 1010 South Lee Street Americus, Georgia 31709
Dear Jimmy:
I am this date removing you from the Ways & Means Committee and placing you on the Appropriations Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Paul Lynch Robby Rivers Hon. Tom Buck Hon. Terry Coleman

House of Representatives Atlanta

Honorable Kathy Ashe Representative, District 46 82 Westminster Drive, NE Atlanta, Georgia 30309

February 8, 2001

Dear Kathy:

Pursuant to your request, I am this date removing you from the Banks & Banking Committee and placing you on the Appropriations Committee.

Sincerely, /s/ Thomas B. Murphy
Speaker

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JOURNAL OF THE HOUSE

TBM:bdg
cc: Hon. Butch Parrish Hon. Terry Coleman Paul Lynch Robby Rivers
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 12, 2001.

MONDAY, FEBRUARY 12, 2001

665

Representative Hall, Atlanta, Georgia Monday, February 12, 2001

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:

Amerson Ashe Barnard Barnes Bell Birdsong Black Bohannon Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Campbell Cash Childers Coan Coleman, B Coleman, T Collins

Connell Cox E Crawford Cummings Davis E Day Deloach, B Dodson Drenner Ehrhart Everett Floyd Forster Franklin E Golick Graves Greene Hammontree Hanner Harrell Heard Hembree E Henson Hines Holland Houston Hudgens

Hudson, N Hugley Jackson, B Jamieson Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Maddox E Mann E Martin McBee McKinney Mills Morris Mosley Mueller Orrock Parrish

Pelote E Pinholster
Poag Powell Purcell Randall E Ray Reece Reese Rice Richardson Roberts, D Roberts, L Royal Sailor E Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, B Smith, C

Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil Stephens E Stokes Stuckey Taylor Teper Tillman Twiggs Unterman Walker, L Walker, R.L Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Bannister of the 77th, Boggs of the 168th, Bordeaux of the 151st, Callaway of the 81st, Cooper of the 31st, DeLoach of the 119th, Dix of the 76th, Dukes of the 161st, Harbin of the 113th, Heckstall of the 55th, Holmes of the 53rd, Howard of the 118th, Hudson of the 120th, Irvin of the 45th, Jackson of the 148th, James of the 140th, Jenkins of the 110th, Joyce of the 1st, Mangham of the 75th, McCall of the 90th, Millar of the 59th, Mobley of the 69th,

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JOURNAL OF THE HOUSE

Parham of the 122nd, Parsons of the 40th, Porter of the 143rd, Ragas of the 64th, Reed of the 52nd, Reichert of the 126th, Rogers of the 20th, Smith of the 19th, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Teague of the 58th, Turnquest of the 73rd, Watson of the 70th, West of the 101st, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend McCallister Hollins, Senior Pastor, Ben Hill United Methodist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 497. By Representatives Smith of the 12th, Martin of the 47th, Howard of the 118th, Hammontree of the 4th and Shanahan of the 10th:
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 rate of interest payable on final awards entered by the board; to provide for the award of reasonable litigation expenses under certain conditions; to allow an injured employee the right to an independent medical examination within 120 days of receipt of income benefits, rather than the current 60 days; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 499. 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; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 500. By Representatives Willard of the 44th, Millar of the 59th, Hammontree of the 4th, Golick of the 30th, Cox of the 105th 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 certain sales of propane and natural gas used for residential purposes; and for other purposes.

Mr. Clerk:

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 500. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Willard District 44

Referred to the Committee on Ways & Means.

HB 501. By Representatives Mueller of the 152nd, Bohannon of the 139th, Campbell of the 42nd, Callaway of the 81st, Hines of the 38th 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; and for other purposes.

2/9/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 501. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Mueller District 152

Referred to the Committee on Ways & Means.

HB 502. By Representatives Jamieson of the 22nd, Skipper of the 137th 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 the sale or use of certain digital broadcast equipment; and for other purposes.

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669

2/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 502. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22
Referred to the Committee on Ways & Means.
HB 503. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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; and for other purposes.
Referred to the Committee on Ways & Means.
HB 504. By Representatives Shanahan of the 10th and Cummings of the 27th:
A BILL to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to local government, so as to provide that any county which maintains a retirement system or pension plan for county employees shall allow the chief magistrate and all magistrates to participate fully in such retirement system or pension plan; and for other purposes.
Referred to the Committee on Retirement.

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HB 505. By Representatives Graves of the 125th, Burkhalter of the 41st, Smith of the 91st and Harbin of the 113th:
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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 506. By Representatives Day of the 153rd, Stephens of the 150th 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 and review and appeal of ad valorem tax assessments, so as to change certain provisions regarding appeals to superior court; and for other purposes.

Referred to the Committee on Ways & Means.

HB 507. By Representatives Lane of the 146th and Rogers of the 20th:
A BILL to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to change the minimum age allowable for renting or leasing a personal watercraft; to provide certain restrictions upon the operation of personal watercraft by persons 14 and 15 years of age; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 508. By Representatives Coleman of the 80th, McBee of the 88th, Taylor of the 134th, Cox of the 105th, Jamieson of the 22nd and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to

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provide conditions pursuant to which certain retired members of such retirement system may return to service and maintain their benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 509. By Representatives Buck of the 135th, Sims of the 167th, Jamieson of the 22nd, Skipper of the 137th and 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 specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes; to change certain provisions regarding income tax credits for qualified low-income housing; and for other purposes.

Referred to the Committee on Ways & Means.

HB 510. By Representatives Parham of the 122nd, Stephens of the 150th, Graves of the 125th, Parrish of the 144th and Twiggs of the 8th:
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; to provide for penalties related to violations and restitution to the state for cleanup of environmental hazards; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 511. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization and review and appeal of ad valorem tax assessments, so as to change certain provisions regarding appeals to superior court; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 512. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:
A BILL to amend the Act creating a new charter for the City of Holly Springs, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; and for other purposes.

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

HB 513. By Representative Shanahan of the 10th:
A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to define a certain term; to provide for the approval and filing of bonds for certain public works contracts; to provide bonding requirements for certain public works contracts; to provide for bid bonds; to provide for cash in lieu of bonds; to provide for the withdrawal of bids; to provide for affiliated corporations bidding on the same project; to provide for actions on bid bonds; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 514. By Representatives Irvin of the 45th, Ashe of the 46th, McClinton of the 68th and Brooks of the 54th:
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; and for other purposes.

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

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HB 515. By Representatives Irvin of the 45th, Ashe of the 46th, McClinton of the 68th, Brooks of the 54th and Dean of the 48th:
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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 516. By Representative Morris of the 155th:
A BILL to amend an Act entitled "A bill to create a new charter for the Town of Mount Vernon," so as to provide for the appointment of a municipal judge; to provide for certain punishments for violations of city ordinances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 517. By Representatives Irvin of the 45th, Ashe of the 46th, Wilkinson of the 43rd, 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 518. By Representatives Irvin of the 45th, Ashe of the 46th, Wilkinson of the 43rd, Campbell of the 42nd, Burkhalter of the 41st 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

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exceeds the adjusted base year assessed value of such homestead; and for other purposes.

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

HB 519. By Representatives Teague of the 58th, Brooks of the 54th, Orrock of the 56th, Jackson of the 148th and Parham of the 122nd:
A BILL to amend Chapter 6A of Title 34 of the Official Code of Georgia Annotated, the "Georgia Equal Employment for Persons With Disabilities Code," so as to change a definition to include persons with certain blood disorders as persons with disabilities; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 520. By Representatives Dean of the 48th, Orrock of the 56th, Sinkfield of the 57th, Martin of the 47th, Smith of the 12th and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the premium required to be paid for redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 521. By Representative Campbell of the 42nd:
A BILL to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide for the computation of civil damages for theft of telecommunications and cable services; and for other purposes.

Referred to the Committee on Industry.

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HB 522. By Representatives Wiles of the 34th, Westmoreland of the 104th, Richardson of the 26th, Smith of the 19th, Massey of the 86th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to require newly created state or superior court judgeships or vacancies in those offices to be elected; to change the provisions relating to filling vacancies in the offices of state and superior court judges; to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections, so as to allow special elections for superior or state court judicial vacancies or for the creation of a new judgeship; and for other purposes.

Referred to the Committee on Judiciary.

HB 523. By Representatives Wiles of the 34th, Westmoreland of the 104th, Smith of the 19th, Richardson of the 26th, Massey of the 86th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to require that judges or Justices filling newly created Supreme Court, Court of Appeals, superior court, or state court judgeships or vacancies in those offices be elected; to change the provisions relating to filling vacancies in the offices of Court of Appeals, superior court, and state court judges and Supreme Court Justices; to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections, so as to allow special elections for Supreme Court, Court of Appeals, superior court, or state court judicial vacancies or for the creation of a new judgeship; and for other purposes.

Referred to the Committee on Judiciary.

HB 524. By Representatives Wiles of the 34th, Ehrhart of the 36th, Westmoreland of the 104th, Bunn of the 74th, Smith of the 19th and others:
A BILL to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys generally, so as to create duties, obligations, and penalties for attorneys in class action lawsuits; and for other purposes.

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Referred to the Committee on Judiciary.

HB 525. By Representatives Harrell of the 62nd, Unterman of the 84th, McClinton of the 68th, Channell of the 111th and Lord of the 121st:
A BILL to amend Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, so as to change the provisions regarding required notices; and for other purposes.

Referred to the Committee on Insurance.

HB 526. By Representatives Powell of the 23rd, Twiggs of the 8th, Bell of the 25th, Poag of the 6th and Bridges of the 9th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for registration, titling, and operation of certain off-road vehicles; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to operating restrictions for off-road vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 527. By Representative Mobley of the 69th:
A BILL to amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions in juvenile court proceedings, so as to change provisions relating to when a proceeding shall be terminated upon the request of the parent or custodian of the child; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 528. By Representatives Smith of the 91st, Burkhalter of the 41st, Lewis of the 14th, Graves of the 125th, McCall of the 90th and others:

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A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide driver training requirements for certain license applicants; to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to examination of applicants; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 529. By Representatives West of the 101st, Stallings of the 100th, Walker of the 141st, Hudson of the 156th, Pinholster of the 15th and others:
A BILL to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of farm tractor or farm equipment manufacturers, distributors, and dealers; to define certain terms; to regulate sales of certain farm tractors or farm equipment; to regulate the establishment and relocation of dealerships; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HB 530. By Representatives Martin of the 47th and Irvin of the 45th:
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 provisions relating to qualifications and salaries of solicitors; and for other purposes.
Referred to the Committee on Judiciary.
HB 531. By Representatives Mobley of the 69th and Turnquest of the 73rd:
A BILL to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to uniform rules of the road in reference to highways and

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exceptions, so as to change certain provisions relating to shopping centers and parking lots; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 532. By Representatives Hugley of the 133rd, Taylor of the 134th, Skipper of the 137th and Heard of the 89th:
A BILL to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide mandatory suspension of professional licenses for default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program; and for other purposes.

Referred to the Committee on Industry.

HB 533. By Representatives Stanley of the 49th, Powell of the 23rd, Stanley of the 50th, Massey of the 86th, Walker of the 141st and others:
A BILL to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers and temporary renewal permits, so as to redefine "convicted" for purposes of certain licensing exceptions; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 534. By Representatives Jenkins of the 110th, Reichert of the 126th, Ray of the 128th, Holland of the 157th and Cox of the 105th:
A BILL to provide improved collection of fines imposed in criminal and ordinance violation cases; to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide for the collection of unpaid court fines by an arm of the Administrative Office of the Courts and provide for the office's administration; to provide for payment of fine collections in part into the

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general fund of the state treasury and in part to the political subdivisions to which the fines are owed; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 535. By Representatives Jenkins of the 110th and Parham of the 122nd:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for such permits for purposes of reporting to probation supervisors pursuant to court order; to provide for such permits for purposes of performing community service pursuant to court order; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 536. By Representatives Jenkins of the 110th and Parham of the 122nd:
A BILL to amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale, or transfer of controlled substances or marijuana or driving under the influence of the substance, so as to change certain provisions relating to commencement of suspension periods; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 537. By Representatives Jenkins of the 110th, Mobley of the 69th and Crawford of the 129th:
A BILL to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to the offenses of sexual assault against persons in custody, sexual assault against person detained or patient in hospital or other institution, and sexual assault by practitioner of psychotherapy against patient, so as to change the provisions relating to the offense of sexual assault against certain persons; and for other purposes.

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Referred to the Committee on Special Judiciary.
HB 538. By Representatives Powell of the 23rd, Hudson of the 156th, Parham of the 122nd, Ehrhart of the 36th, Jamieson of the 22nd and others:
A BILL to provide for regulation of ticket brokers, professional boxing, and professional wrestling by the Georgia Athletic and Entertainment Commission; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, and Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal provisions prohibiting the sale or offer for sale of tickets to certain athletic contests and entertainment events for a price exceeding the face value of the ticket and providing a penalty for the violation of such prohibition; and for other purposes.
Referred to the Committee on Industry.
HB 539. 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 Code Section 48-7-29.5 of the Official Code of Georgia Annotated, relating to income tax credits for certain private driver education courses of minors, so as to authorize such credit with respect to any driver education which is offered by or through a public school; and for other purposes.
Referred to the Committee on Ways & Means.
HB 540. By Representatives Jenkins of the 110th and Snow of the 2nd:
A BILL to amend Code Section 40-6-40 of the Official Code of Georgia Annotated, relating to requirement that vehicles drive on right side of roadway, so as to provide that upon any roadway having two or more lanes for traffic moving in the same direction, the driver of a vehicle approaching a law enforcement or emergency vehicle with its flashing or revolving lights activated and stopped on the side of the roadway adjacent to the two lanes of traffic shall, whenever possible and without disobeying a police officer, drive

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in a lane other than the lane nearest the law enforcement or emergency vehicle; and for other purposes.

Referred to the Committee on Public Safety.

HB 541. By Representatives Jenkins of the 110th, Channell of the 111th, Reichert of the 126th and Holland of the 157th:
A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for the probate courts, so as to revise comprehensively the costs and fees for the probate courts; and for other purposes.

Referred to the Committee on Judiciary.

HB 542. By Representatives Jenkins of the 110th and Irvin of the 45th:
A BILL to amend Code Section 36-82-3 of the Official Code of Georgia Annotated, relating to the issuance of bonds, so as to provide that, upon the request of the purchaser, bonds shall be fully registered in the name of the purchaser, inscribed with the name of the purchaser, and delivered to the purchaser; to amend Code Section 36-82-64 of the Official Code of Georgia Annotated, relating to the issuance of revenue bonds generally; to amend Code Section 50-17-26 of the Official Code of Georgia Annotated, relating to evidences of indebtedness generally; and for other purposes.

Referred to the Committee on Judiciary.

HB 543. By Representatives Orrock of the 56th, Stuckey of the 67th, Jenkins of the 110th, Reed of the 52nd, Lane of the 146th and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to require the Public Service Commission to declare an emergency and regulate the delivery of natural gas to retail customers in this state; to provide for the applicability of certain laws with respect to the Public Service Commission's regulation of the delivery of natural gas to retail

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customers in this state; to provide for contracts between electing distribution companies and marketers and between marketers and retail customers; and for other purposes.

Referred to the Committee on Industry.

HB 544. By Representative Dean of the 48th:
A BILL to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to redefine the term "project" to delete any limitation on the definition of the term "project" as meaning only a building or facility intended for use as a juvenile court facility; to provide for the definition of a "project" as it was defined prior to the 1996 amendment; and for other purposes.

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

HB 545. By Representatives Dean of the 48th, Holmes of the 53rd and Tillman of the 173rd:
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; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 546. By Representatives Dean of the 48th, Holmes of the 53rd and Sinkfield of the 57th:
A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit any notices required under Chapter 3 or 4 of said title to be posted or left at a vacant lot or building if that is the sole manner of notification; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 547. By Representatives Dean of the 48th and Holmes of the 53rd:
A BILL to amend Code Section 48-5-242 of the Official Code of Georgia Annotated, relating to the waiver of penalties due on unpaid taxes under certain circumstances, so as to provide for the waiver of interest due on unpaid taxes of certain elderly and lower income taxpayers under certain circumstances; and for other purposes.
Referred to the Committee on Ways & Means.
HB 548. By Representatives Dean of the 48th, Holmes of the 53rd, Irvin of the 45th and Sinkfield of the 57th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to require the disclosure to motor vehicle owners of certain settlements regarding damages caused or alleged to have been caused by their motor vehicles; and for other purposes.
Referred to the Committee on Judiciary.
HB 549. By Representatives Brown of the 130th, Stancil of the 16th, Cox of the 105th and Williams of the 83rd:
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 change certain powers and duties of the State Board of Education and the State School Superintendent; to delete a provision for general supervision of the Department of Education by the State Board of Education; to delete a provision for organization and reorganization of such department by the State Board of Education; and for other purposes.
Referred to the Committee on Education.

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HR 255. By Representatives Wiles of the 34th, Ehrhart of the 36th, Westmoreland of the 104th, Smith of the 19th, Richardson of the 26th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of Supreme Court Justices, Court of Appeals Judges, and superior and state court judges when a vacancy occurs or a new judgeship is created; and for other purposes.

Referred to the Committee on Judiciary.

HR 256. By Representatives Wiles of the 34th, Ehrhart of the 36th, Westmoreland of the 104th, Richardson of the 26th, Smith of the 19th and others:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit discipline of judges or other judicial candidates for discussion of issues during judicial election campaigns; and for other purposes.

Referred to the Committee on Judiciary.

HR 257. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION proposing an amendment to the Constitution so as to allocate the revenue from the annual levy of state ad valorem taxes on tangible property to fund a program for hiring additional appraisers; and for other purposes.

Referred to the Committee on Ways & Means.

HR 258. By Representatives Twiggs of the 8th and Murphy of the 18th:
A RESOLUTION urging the permanent display of the portrait of the Honorable T. S. Candler, presiding Judge Emeritus of the Supreme Court of Georgia in the Union County Courthouse; and for other purposes.

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

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

HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476 HB 477 HB 478 HB 479 HB 480 HB 481 HB 482 HB 483 HB 484 HB 485

HB 486 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HB 498 HR 223 HR 224 HR 225 HR 229 HR 230 HR 252 SB 77

Pursuant to Rule 52, Representative Martin of the 47th moved that the following Bill of the House be engrossed:

HB 472. By Representatives Martin of the 47th and Jamieson of the 22nd:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide an exemption for certain food and beverage sales by units of the Campfire Boys and Girls, Inc.; and for other purposes.

The motion prevailed.

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Pursuant to Rule 52, Representative Wix of the 33rd moved that the following Bill of the House be engrossed:

HB 483. 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; and for other 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 170 Do Pass HR 253 Do Pass HR 254 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 362 Do Pass, by Substitute HB 363 Do Pass, by Substitute

HB 451 Do Pass HB 466 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 12, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

HB 168 HB 200 HB 233 HB 264 HB 292 HB 294
HB 370

Radio common carriers; Georgia Radio Utility Act Georgia Public Telecommunications Commission; amend provisions Insurance premium finance companies; amend provisions Nursing homes, facilities; monetary penalties Search warrants; application by video conference Transportation, Department of; interstate rest areas; POW-MIA flag and plaque Bait shrimp dealer; salt-water access; provisions; exception

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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HB 362. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A BILL to provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 70 years of age or older; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Decatur independent school district, including, but not limited to, taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Decatur independent school district who is a senior citizen is granted an exemption on that persons homestead from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that

MONDAY, FEBRUARY 12, 2001

689

homestead with such amount to be determined annually by the board of education of the independent school district. The amount of such exemption may be increased from one year to the next as determined by such board of education within the range authorized under this subsection but shall not be reduced. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an affidavit and application with the governing authority of the City of Decatur, or the designee thereof, giving the persons age and such information relative to receiving such exemption as will enable the governing authority of the City of Decatur, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Decatur, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application and affidavit as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Decatur, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, municipal ad valorem taxes for municipal purposes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to independent school district ad valorem taxes for educational purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

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"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 70 years of age or older?"

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, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Decatur. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

HB 363. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A BILL to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who

MONDAY, FEBRUARY 12, 2001

691

are 62 years of age or older and whose annual household income does not exceed $25,000.00; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, so as to provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. (a) Each resident of the City of Decatur independent school district who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made is granted an exemption on that persons homestead from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district if that persons income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The amount of such exemption may be increased from one year to the next as determined by such board of education within the range authorized under this subsection but shall not be reduced.

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The value of that property in excess of such exempted amount shall remain subject to taxation. (b) The exemption granted by subsection (a) of this section shall apply to all taxable years beginning on or after January 1, 2002."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $25,000.00?"

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, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Decatur. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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693

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

HB 451. By Representatives Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A BILL to amend an Act providing for a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes for certain residents of that school district who are 65 years of age or older, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote E Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L

694
Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Martin Y Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 162, nays 0. The Bills, having received the requisite constitutional majority, were passed.

HB 466. By Representatives Williams of the 83rd and Unterman of the 84th:
A BILL to provide a new charter for the City of Snellville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Lucas of the 124th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 224. By Representatives Stuckey of the 67th, Graves of the 125th, Reichert of the 126th, Epps of the 131st, Jennings of the 63rd and others:
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; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 12, 2001

695

Y Allen N Amerson Y Anderson Y Ashe
Bannister N Barnard N Barnes N Bell Y Birdsong N Black N Boggs N Bohannon Y Bordeaux N Borders N Bridges Y Brooks Y Broome N Brown Y Buck N Buckner N Bulloch N Bunn
Burkhalter N Burmeister N Byrd Y Callaway N Campbell N Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford Y Cummings Y Davis N Day Y Dean N Deloach, B N Deloach, G N Dix N Dodson Y Drenner Y Dukes Y Ehrhart
Epps N Everett Y Floyd N Forster Y Franklin E Golick Y Graves N Greene N Hammontree N Hanner N Harbin Y Harrell N Heard Y Heckstall N Hembree E Henson N Hines N Holland Y Holmes N Houston Y Howard N Hudgens N Hudson, N

Y Hudson, S Hugley
Y Irvin N Jackson, B
Jackson, L Y James Y Jamieson N Jenkins Y Jennings N Johnson Y Jordan Y Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox N Mangham E Mann N Manning Y Martin N Massey N McBee
McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley N Morris N Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote E Pinholster N Poag Y Porter
Powell Purcell Y Ragas Y Randall Y Ray N Reece N Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor E Sanders N Scheid N Scott N Seay Y Shanahan Y Shaw N Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre Y Snelling Y Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens E Stokes Y Stuckey Y Taylor
Teague Y Teper N Tillman Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles N Wilkinson Y Willard
Williams N Wix N Yates
Murphy, Speaker

On the motion, the ayes were 73, nays 89. The motion lost.

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 32. By Representatives Walker of the 141st, Sims of the 167th, Skipper of the 137th, Coleman of the 142nd and Watson of the 70th:

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A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change provisions relating to filling vacancies in the office of sheriff; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change provisions relating to filling vacancies in the office of sheriff; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking Code Section 15-16-8, relating to vacancies in the office of sheriff, and inserting in its place a new Code section to read as follows:
"15-16-8. (a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of as provided in this Code section. (b) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall The Governor shall appoint a person to act as sheriff until the vacancy is filled as provided in subsection (c) of this Code section. If there is no coroner, the Governor has not yet made an appointment, and at least ten days have expired since the vacancy occurred, the judge of probate court of the county where the vacancy exists may designate any law enforcement officer certified by the Georgia Peace Officer Standards and Training Council in the county where the vacancy exists or the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court Governor makes the appointment or an election is held, whichever first occurs. (c) Reserved If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (b) of this Code section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (b) of this Code section shall serve for the remainder of the unexpired term of office.

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697

(d) The General Assembly may provide by local law for the method of filling any vacancy in the office of sheriff of any county. (d)(e) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(1)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to vacancies occurring on or after that effective date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Forster of the 3rd, et al. move to amend HB 32 by striking lines 14 through 21 of page 1 and inserting in lieu thereof the following:
"(b) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner Within five working days after the date the vacancy occurs, the judge of the probate court of the county shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (c) of this Code section. If the judge of the probate court fails to appoint a person to act as sheriff within five working days after the date the vacancy occurs, then the Governor shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (c) of this Code section. If there is no coroner, the The sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court or the Governor makes the appointment or an election is held, whichever first occurs.".

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

698
N Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin E Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish
Parsons N Pelote E Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray Y Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor E Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley
Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 76, nays 94. The amendment was lost.

Representative Millar of the 59th moved that HB 32 be placed upon the table.

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

N Allen Y Amerson Y Anderson N Ashe N Bannister

Y Cox N Crawford N Cummings Y Davis Y Day

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L

Y Mueller N Orrock N Parham N Parrish Y Parsons

N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T

Y Barnard Barnes
N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

MONDAY, FEBRUARY 12, 2001

N Dean N Deloach, B Y Deloach, G
Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin E Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens
Hudson, N

N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Pelote E Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray Y Reece N Reed Y Reese N Reichert Y Rice
Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor E Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

699
Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley
Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 69, nays 98. The motion failed.

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 Allen N Amerson N Anderson Y Ashe

N Cox N Crawford Y Cummings N Davis

Y Hudson, S Y Hugley N Irvin N Jackson, B

N Mueller Y Orrock Y Parham Y Parrish

Y Smith, C N Smith, C.W N Smith, L Y Smith, P

700
N Bannister N Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

N Day Y Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin E Golick N Graves Y Greene N Hammontree Y Hanner N Harbin N Harrell Y Heard Y Heckstall N Hembree E Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray N Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

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

On the passage of the Bill, by substitute, the ayes were 102, nays 70.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tem assumed the Chair.

HB 155. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensure of certain nonprofit tax-exempt organizations, so as to change certain licensure qualifications; and for other purposes.

MONDAY, FEBRUARY 12, 2001

701

The report of the Committee, which was favorable to the 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 Allen N Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor E Sanders
Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 412. By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st, Hudson of the 156th, Holland of the 157th and others:

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A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

The following amendments were read and adopted:

Representatives Smith of the 175th and Smith of the 169th move to amend HB 412 by striking lines 1 and 2 of page 2 and inserting in lieu thereof the following:
"(16) Truck access routes. ; (17) SR 32; and (18) SR 40 between St. Marys and Kingsland."

Representatives Royal of the 164th, Scott of the 165th, Coleman of the 142nd, and Houston of the 166th move to amend HB 412 by striking lines 1 and 2 of page 2 and inserting in lieu thereof the following:
"(16) Truck access routes and SR 133 from Albany to Valdosta.; and (17) SR 32."

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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner

Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

MONDAY, FEBRUARY 12, 2001

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

Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

703
Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 412 was ordered immediately transmitted to the Senate.

HB 151. By Representative Rogers of the 20th:
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; and for other purposes.

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

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

Y Allen

Y Cox

Y Hudson, S

Y Mueller

Smith, C

704
Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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

HR 262. By Representatives Randall of the 127th, Hugley of the 133rd, Smyre of the 136th and Jackson of the 148th:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 19, 2001, and inviting the National President, Norma Solomon

MONDAY, FEBRUARY 12, 2001

705

White, to appear before the House of Representatives; and for other purposes.

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

HR 170. By Representatives Walker of the 141st, Bohannon of the 139th, Ray of the 128th and Floyd of the 138th:
A RESOLUTION commending Sabrina D. Stefan, the winner of the 2000 Georgia Occupational Award of Leadership and inviting her to appear before the House of Representatives; and for other purposes.

HR 253. By Representative Reece of the 11th:
A RESOLUTION recognizing February 14, 2001 as GAE-ESP Day and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 254. By Representative Reece of the 11th:
A RESOLUTION commending the International Technology Education Association and inviting its representatives to appear before the House of Representatives; and for other purposes.

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 285. By Representative Childers of the 13th:
A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 200. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 13 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Public Telecommunications Commission,

MONDAY, FEBRUARY 12, 2001

707

so as to change the provisions relating to the establishment of the Georgia Public Telecommunications Commission; to change the composition of the Georgia Public Telecommunications Commission; and for other purposes.

The following amendment was read:

Representative Amerson of the 7th moves to amend HB 200 by striking from line 13 of page 1 the word "nine" and inserting in its place the following: "nine six".

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd E Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree N Hanner Y Harbin
Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston Y Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey Y McBee N McCall Y McClinton N McKinney Y Millar
Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons
Pelote E Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor E Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling
Snow N Squires N Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates N Murphy, Speaker

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On the adoption of the amendment, the ayes were 69, nays 94. 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 Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd E Callaway Y Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins
Connell N Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley
Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 126, nays 42.

MONDAY, FEBRUARY 12, 2001

709

The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HB 228. By Representatives Millar of the 59th, West of the 101st, Ashe of the 46th, Porter of the 143rd and Snelling of the 99th:
A BILL to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to require publishers of textbooks which are purchased by the State Board of Education to make such textbooks available in an electronic format for the use of student with visual disabilities; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to require publishers of textbooks which are recommended by the State Board of Education to make such textbooks available in an electronic format; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, is amended by inserting at the end thereof a new Code Section 20-2-1015 to read as follows:
"20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton N McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish
Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 292. By Representatives Teper of the 61st, Smith of the 12th, Jenkins of the 110th and Snow of the 2nd:

MONDAY, FEBRUARY 12, 2001

711

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; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford
Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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 E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

HB 370. By Representatives Smith of the 175th, Lane of the 146th and Barnard of the 154th:
A BILL to amend Code Section 27-4-171 of the Official Code of Georgia Annotated, relating to bait dealers, so as to provide that any live bait shrimp dealership which is not within one-half mile of public salt-water angling access and which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies, equipment, and accessories shall be exempt from requirements of providing such access; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to taking shrimp for bait, so as to provide that no licensed bait dealer and no employee of a licensed bait dealer may hold a commercial cast net license; to provide that any live bait shrimp dealership which is not within one-half mile of public salt-water angling access and which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies, equipment, and accessories shall be exempt from requirements of providing such access; to provide for the maintenance of records; to provide for the contents of a the report of a license bait dealer; to repeal certain provisions relating to the number of boats engaged in bait shrimping; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to taking shrimp for bait, is amended by striking in its entirety Code Section 274-171, relating to bait dealers, and inserting in lieu thereof the following:
"27-4-171. (a)(1) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an

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employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license issued pursuant to Part 5 of this article. Any license issued pursuant to this Code section shall be invalid immediately upon the holders obtaining such a commercial food shrimp cast netting license. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4133 are unloaded, handled, processed, sold, or otherwise distributed or where boat docking space is provided for such activities; provided, however, that such prohibition shall not apply to any person who was granted a bait dealer license for the period from April 1, 1993, through March 31, 1994, and whose bait dealer license was not revoked and provided, further, that such exemption shall terminate immediately if the persons current bait dealer license is revoked by the commissioner or if he or she is found guilty of a violation of the provisions of this Code section. (2) In addition to complying with subsection (b) of this Code section, any applicant for a bait dealer license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in the favor of the state in the amount of $2,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above in this Code section. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be April 1 to March 31. The bond shall be in addition to the commercial fishing boat license, where applicable, required by Code Section 27-2-8 and in addition to the personal commercial fishing license required by this Code section. Notation of execution of the bond shall be stamped or endorsed on the applicants bait dealer license. (3) Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer. (4) In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for commercial bait shrimping. (5) It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this Code section to:
(A) Use use any power-drawn net which is larger than a 20 foot net as defined in paragraph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched; . It shall also be unlawful to engage (B) Engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after

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official sunset. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130; . It shall also be unlawful for any person taking shrimp pursuant to this Code section to have (C) Have on board the boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead; . It shall also be unlawful for any person engaging in the taking of shrimp pursuant to this Code section to fail (D) Fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in subsection (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph (6) (5) of subsection (b) of this Code section; or (E) Hold a valid commercial food shrimp castnetting license issued pursuant to Part 5 of this article or to employ any person holding such a commercial food shrimp cast netting license. (b) After April 1, 1995, all applicants for bait dealer licenses and, except as provided in subsection (a) of this Code section, all licensed bait dealers shall have and maintain facilities meeting the following requirements: (1) Live bait shrimp facilities must be located within the salt waters of the state, as defined by the salt-water demarcation line described in Code Section 27-4-1, and such facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be permanently affixed to docks or other permanent structures which are attached to high ground above the high water mark and must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulating salt-water systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank; (2) All live shrimp-holding facilities must be constructed of nontoxic materials or materials which have been properly treated with an approved nontoxic substance. The facilities must be maintained in a condition conducive to keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp; (3) Any live bait shrimp dealership which is not within one-half mile of public saltwater angling access shall be required to maintain public access to customers through such services as public launching facilities, public fishing docks or platforms, or other forms of salt-water access during all tidal stages, including without limitation . Such access shall include vehicular access and public parking; provided, however, that any live bait dealership which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies and accessories associated with salt-water angling shall be exempt from the provisions of this paragraph. Any dealer claiming such exemption shall provide such records as the department deems necessary to evidence such sales; (4) No organisms other than shrimp may be held in live shrimp bait tanks; and

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(5) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be maintained on the premises of the established bait dealership. (c) Except as provided for in subsection (j) of this Code section, it shall be unlawful for any licensed bait dealer to allow shrimp to be removed from the premises of his or her established bait dealership unless it is sold as: (1) Live bait in a container of such size as to ensure that all live shrimp therein are covered by a minimum of one inch of salt water; or (2) Dead bait which has been packaged with heads on and frozen. The packages shall contain not more than one quart of dead shrimp and must be clearly marked with letters at least one-half inch in height to read as follows: 'SOLD FOR BAIT ONLY.' Dead bait purchased for resale must be purchased from a licensed bait dealer and must be packaged and labeled as described in this Code section. (d) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in saltwater tanks meeting the standards prescribed in subsection (b) of this Code section unless and until such shrimp die, in which case the shrimp shall be promptly frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer intentionally to cause or allow live shrimp to die. (e) It shall be unlawful for any person to use, for other commercial fishing purposes, any equipment which has been used for obtaining live bait pursuant to this Code section. (f) It shall be unlawful for any licensed bait dealer or any of his or her employees to have or permit in or on a commercial bait fishing boat owned by the dealer or such employees and used for bait shrimping pursuant to this Code section or to have or permit in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed of for human consumption. (g) It shall be unlawful for a licensed bait dealer to fail to maintain at all times a daily record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase, as well as the amount of live shrimp and the amount of dead shrimp sold daily. Any such report shall include, without limitation, any transaction between licensed bait dealers and shall provide the name of the dealership initiating the transaction. Written reports of such transactions for each month shall be submitted to the department no later than the fifth day of the subsequent month in a format prescribed by the department. (h) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be primafacie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human consumption or are personally to be consumed.

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(i) It shall be unlawful for any licensed bait dealer or an employee of such person to sell or otherwise distribute to any one person, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. It shall also be unlawful for any person to buy, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. (j) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken pursuant to this Code section at any place other than the licensed bait dealership for which the bait was taken. This subsection shall not prohibit:
(1) The transfer from the boat taking such shrimp to an approved vehicle with aeration equipment to keep shrimp alive which will unload shrimp so taken at a licensed bait dealership so long as the amount of bait being transferred does not exceed 50 quarts; or (2) The interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the bait shrimp originated. (k) It shall be unlawful for any licensed bait dealer to have, at his or her established bait dealership at one time, more than 200 quarts of live shrimp. It shall also be unlawful for more than 10 percent of the shrimp at the dealership or 20 quarts, whichever amount is less, to be dead shrimp unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by paragraph (2) of subsection (c) and subsection (d) of this Code section. (l) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular established bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time the bait dealer licenses are issued pursuant to Code Section 27-2-23. (m) Except from March 1 through July 15 of each year, it shall be unlawful for more than one boat to be engaged in the taking of shrimp at any one time for an established bait dealer. From March 1 through July 15, it shall be unlawful for more than two boats to be engaged in the taking of shrimp for a dealer. The boats shall be designated by the suffixes 'A' and 'B' being placed at the end of the other numerals and letters specified by the department as provided in subsection (l) of this Code section. It shall be unlawful for any boat with a 'B' suffix to take shrimp except from March 1 through July 15. (m)(n) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his or her facility. For the purpose of advertising in accordance with this subsection, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) 'LIVE BAIT FOR SALE' and (2) the hours and days of operation. Signs shall be at

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least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height. (n)(o) Notwithstanding subsections (i) and (j) of this Code section, it shall be lawful for a licensed bait dealer to sell live bait shrimp taken pursuant to this Code section to another licensed bait dealer if the department has been previously notified of the destination of the shrimp to be sold and the time and approximate amount of the sale and if the department has approved the equipment for transferring such shrimp. Transportation and transfer of live bait shrimp between bait dealers shall not exceed the 50 quart possession limit for commercial bait trawlers as provided in subsection (a) of this Code section. Except as provided for in subsection (j) of this Code section, land transportation of quantities greater than eight quarts of live shrimp is prohibited and shall be prima-facie evidence of a violation of this Code section. (o)(p) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-859. (p)(q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities, to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time application for license is received."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 175th offers the following amendment:
Amend the Committee substitute to HB 370 by striking "equipment," on line 6 of page 1.
By striking the article "a" on line 7 of page 1.
By striking the word "initiating" on line 35 of page 4 and inserting in lieu thereof the words "acting as the seller in".
By striking lines 3 through 5 on page 6 and inserting in lieu thereof the following: "(m) Except from March 1 through July 15 of each year, it It shall be unlawful for more than one boat to be engaged in the taking of shrimp at any one time for an established bait dealer. From March 1 through July 15, it shall be unlawful for more than two boats to be".

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By striking on lines 10, 17, 27, and 30 of page 6, respectively, the following: "(m)(n)", "(n)(o)", "(o)(p)", and "(p)(q)" and inserting in lieu thereof, respectively, the following: "(n)", "(o)", "(p)", and "(q)".
By striking line 32 of page 6 and inserting in lieu thereof the following: "facilities comply with the requirements of this Code section and Code Section 48-8-59, within 30 days from the time application for".

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, FEBRUARY 12, 2001

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

719
Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 294. By Representatives Birdsong of the 123rd, Walker of the 141st, Sims of the 167th, Connell of the 115th, Skipper of the 137th and others:
A BILL to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Transportation, so as to provide that the Department of Transportation shall fly the POW-MIA flag year round at each of the rest areas along interstate highways in this state; to authorize the Department of Transportation to place a plaque at each rest area to indicate Georgia's appreciation of the sacrifices of prisoners of war and those missing in action and their families; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes Y Stuckey

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Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor E Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

By unanimous consent, all remaining Bills on the Calendar were postponed until Tuesday, February 13, 2001.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and 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 361 Do Pass HB 442 Do Pass, by Substitute HR 217 Do Pass

Respectfully submitted, /s/ Ray of the 128th
Chairman

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721

Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking 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 207 Do Pass SB 16 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Snow of the 2nd 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 389 Do Pass
Respectfully submitted, /s/ Snow of the 2nd
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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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 288 Do Pass, by Substitute HB 441 Do Pass

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

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

Mr. Speaker:

Your Committee on State Planning and 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 317 Do Pass, by Substitute HB 366 Do Pass HB 399 Do Pass

HB 400 Do Pass, by Substitute HB 409 Do Pass

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

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

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723

Representative Hall, Atlanta, Georgia Tuesday, February 13, 2001
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 C. Benjamin Varnell, Pastor, First United Methodist Church, Swainsboro, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 550. By Representative Parsons of the 40th: A BILL to amend Code Section 36-70-24 of the Official Code of Georgia Annotated, relating to criteria for service delivery strategy development, so as to provide that utility franchise fees or taxes collected by municipalities from unincorporated residents or property owners shall offset the cost of certain services provided by a county to residents or property owners in the unincorporated areas of the county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs .
HB 551. By Representatives Hembree of the 98th and Snelling of the 99th: A BILL to provide a homestead exemption from Douglas County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are 62 years of age; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 552. By Representative Cummings of the 27th: A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; and for other purposes.
Referred to the Committee on Retirement.
HB 553. By Representatives Jennings of the 63rd, McClinton of the 68th, Harrell of the 62nd, Ragas of the 64th, Davis of the 60th and others:

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725

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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 554. By Representatives McBee of the 88th, Jamieson of the 22nd, Heard of the 89th and Hudgens of the 24th:
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 authorize payment of advanced placement tests for students in private schools; to provide for procedures; to provide for payments from funds specifically appropriated for the purpose; and for other purposes.

Referred to the Committee on Education.

HB 555. By Representatives Royal of the 164th, Buck of the 135th, Skipper of the 137th and Jamieson of the 22nd:
A BILL to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distribution of certain unidentifiable sales and use tax proceeds, so as to extend the date for distribution of such proceeds; and for other purposes.

Referred to the Committee on Ways & Means.

HB 556. By Representative Yates of the 106th:
A BILL to amend an Act incorporating the Town of Turin, so as to change the provisions relating to the powers and duties of the mayor and aldermen; to create a municipal court and provide for the judges thereof and their qualifications, terms, oaths, removal, compensation, powers, and duties; to authorize a contract for the Magistrate Court of Coweta County to serve as

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the municipal court as authorized by the laws of this state; and for other purposes.

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

HB 557. By Representatives Buck of the 135th and Cummings of the 27th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Georgia Judicial Retirement System may provide a survivors benefit for members, retired members, and former members; to define a certain term; to establish a survivors benefits fund; and for other purposes.

Referred to the Committee on Retirement.

HB 558. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
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 certain sales to nonprofit organizations providing services to mentally retarded persons; and for other purposes.

2/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 558. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McBee District 88

Referred to the Committee on Ways & Means.

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727

HB 559. 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 establish the Public Employees' Savings Plan; to provide a statement of legislative findings; to define certain terms; to provide that the State Personnel Board shall establish an account for certain public employees pursuant to Section 401(k) of the federal Internal Revenue Code; and for other purposes.
Referred to the Committee on Retirement.
HB 560. By Representative Cummings of the 27th:
A BILL to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Teachers Retirement System of Georgia, so as to define a certain term; and for other purposes.
Referred to the Committee on Retirement.
HB 561. By Representatives Smith of the 175th and Smith of the 169th:
A BILL to provide a homestead exemption from Charlton 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 are 62 years of age or over; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 562. By Representative Birdsong of the 123rd:
A BILL to abolish the present mode of compensating the coroner of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 563. By Representatives Day of the 153rd, Stephens of the 150th, Allen of the 117th, Channell of the 111th and Mueller of the 152nd: 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 prohibit smoking on public school buses; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 564. By Representatives Burkhalter of the 41st and Campbell of the 42nd: 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 565. By Representatives Burkhalter of the 41st, Lord of the 121st and Harbin of the 113th: A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for coverage for the treatment of mental disorders which are, directly or indirectly, caused or contributed to by autism; and for other purposes.
Referred to the Committee on Insurance.
HB 566. By Representatives Franklin of the 39th, Ehrhart of the 36th and Kaye of the 37th:

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729

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding certain sales of eligible food and beverages; and for other purposes.

Referred to the Committee on Ways & Means.

HB 567. By Representatives Squires of the 78th, Davis of the 60th, Martin of the 47th and Rice of the 79th:
A BILL to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property generally, so as to create the crime of possession of tools for committing the crimes of criminal trespass and criminal damage to property in the second degree; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 568. By Representatives Harrell of the 62nd, Wix of the 33rd, Smith of the 102nd, Williams of the 83rd and McCall of the 90th:
A BILL to amend Article 1 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to prohibit the naming or renaming of public roads and bridges for any living current or former elected public official; and for other purposes.

Referred to the Committee on Transportation.

HB 569. By Representative Connell of the 115th:
A BILL to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, so as to provide that service of judgments is also not required when service is waived; to amend Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, so as to provide that notification is not required when service has been waived by law; and for other purposes.

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Referred to the Committee on Judiciary.
HB 570. By Representative Jenkins of the 110th:
A BILL to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Peace Officer Standards and Training Council, so as to change the provisions relating to the membership of said council; and for other purposes.
Referred to the Committee on Public Safety.
HB 571. By Representative Jenkins of the 110th:
A BILL to amend Code Section 47-11-50 of the Official Code of Georgia Annotated, relating to payment to Judges of the Probate Courts Retirement Fund of Georgia of a portion of fees collected in connection with marriage licenses, the duty to record and report collection, interest, delinquent payments, and penalties, so as to provide for the payment into such fund of certain additional amounts; and for other purposes.
Referred to the Committee on Retirement.
HB 572. By Representatives Buck of the 135th, Royal of the 164th 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 specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes; to change certain provisions regarding income tax credits for qualified low-income housing; and for other purposes.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 13, 2001

731

HB 573. By Representatives Walker of the 87th and Coleman of the 80th:
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 taxpayers who do not qualify to receive a PROMISE teacher's scholarship; and for other purposes.

Referred to the Committee on Ways & Means.

HB 574. By Representatives Wilkinson of the 43rd, Willard of the 44th, Millar of the 59th, Campbell of the 42nd and Irvin of the 45th:
A BILL to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; and for other purposes.

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

HB 575. By Representative Mangham of the 75th:
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 or to churches, religious institutions, or religious denominations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 576. By Representative Lanier of the 145th:
A BILL to amend an Act creating a Board of Commissioners of Candler County, so as to change the provisions regarding the residency requirement of the county administrator; to change the provisions regarding the appointment of an acting administrator; and for other purposes.

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

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HB 577. By Representatives Heard of the 89th, Skipper of the 137th, Harbin of the 113th, Lord of the 121st and Jamieson of the 22nd:
A BILL to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for phased-in reduction in the rate of the insurance premium tax; to change certain provisions regarding abatement or reduction of such tax; to change certain provisions regarding time of payment and filing of insurance premium tax returns; to change certain provisions regarding county and municipal taxes on life insurance companies; and for other purposes.

Referred to the Committee on Insurance.

HB 578. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:
A BILL to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Tobacco Community Development Board, so as to change the assignment for administrative purposes; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 579. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:
A BILL to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the assignment for administrative purposes; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 580. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:

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733

A BILL to amend Code Section 49-5-135 of the Official Code of Georgia Annotated, relating to the Children and Youth Coordinating Council, so as to change the assignment for administrative purposes; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 581. By Representatives Smith of the 175th, Royal of the 164th, Buck of the 135th, Shanahan of the 10th and Irvin of the 45th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to prohibit the sale or distribution of any tobacco product through a vending machine; to provide for legislative findings and purposes; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for a compensation account; and for other purposes.

Referred to the Committee on Ways & Means.

HB 582. By Representatives Buck of the 135th, Royal of the 164th and Sims of the 167th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding revenue and taxation; to provide for corresponding revisions in Title 14 of the Official Code of Georgia Annotated, relating to corporations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 583. By Representatives Porter of the 143rd, McBee of the 88th and Ashe of the 46th:
A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain students

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attending such institutions part time eligible for HOPE scholarships; and for other purposes.

Referred to the Committee on Higher Education.

HB 584. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of special county 1 percent sales and use tax, so as to change the purposes for which such tax may be levied and funds may be expended; and for other purposes.

Referred to the Committee on Ways & Means.

HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 586. By Representative Burkhalter of the 41st:
A BILL to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures regarding new trials, so as to provide for extraordinary motions for new trials based on newly discovered evidence regarding paternity of a child; and for other purposes.

Referred to the Committee on Judiciary.

HB 587. By Representatives McCall of the 90th, Skipper of the 137th, Royal of the 164th, Day of the 153rd and Coleman of the 142nd:

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A BILL to amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to provide a statement of legislative findings; to define certain terms; to require a cost-benefit analysis as a prerequisite to the promulgation or adoption of administrative rules and regulations implementing Acts of the General Assembly relating to asbestos safety, safe drinking water, safe dams, surface mining, clean air, clean water, solid waste and hazardous waste management, radiation control, and other Acts relating to the environment and of certain actions taken by the Department of Natural Resources and the Environmental Protection Division of the Department of Natural Resources relative to such laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 588. By Representatives Williams of the 83rd and Westmoreland of the 104th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax exclusion on income tax with respect to qualified education related expenses; and for other purposes.

Referred to the Committee on Ways & Means.

HB 589. By Representatives Rice of the 79th, Day of the 153rd, Westmoreland of the 104th, Forster of the 3rd, Irvin of the 45th 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 an income tax credit for donations to certain charitable organizations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 590. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-8-50 of the Official Code of Georgia Annotated, relating to compensation of dealers for reporting and paying tax,

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so as to increase the deduction which may be taken by the dealer from 3 percent to 4.5 percent; and for other purposes.

Referred to the Committee on Ways & Means.

HB 591. By Representatives Williams of the 83rd and Brown of the 130th:
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 restore state funding for the high school nonvocational laboratory program and to provide a weight and teacher-student ratio for such program; to limit the maximum number of full time equivalent students eligible for funding in such program; to delete a provision for returning certain direct instructional funds to the state treasury; and for other purposes.

Referred to the Committee on Education.

HB 592. By Representatives Jordan of the 96th and Taylor of the 134th:
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 change provisions in complaint policies relating to hearing levels, hearings before appointed tribunals, dismissal of complaints, rulings without a hearing, obstruction of a complaint by an administrator, filing complaints with the State Board of Education in certain circumstances, and decisions by the State Board of Education; and for other purposes.

Referred to the Committee on Education.

HB 593. By Representatives Squires of the 78th, Martin of the 47th and Sinkfield of the 57th:
A BILL to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens; and for other purposes.

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Referred to the Committee on Human Relations & Aging.
HB 594. By Representatives Squires of the 78th and Hembree of the 98th:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to classify the offense of hijacking a motor vehicle as a serious violent felony; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 595. By Representatives Williams of the 83rd, West of the 101st, Bridges of the 9th and Forster of the 3rd:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized; so as to provide that certain provisions of law relating to the disposition of personal property in custody of a law enforcement agency shall not apply to any controlled substance, marijuana, or dangerous drug, or other substance which is seized by a law enforcement agency for a violation of Chapter 13 of Title 16 and in which no property interest exists; to amend Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities of the Division of Forensic Sciences of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on Judiciary.
HB 596. By Representative Campbell of the 42nd:
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 computation of taxable net income; to provide for taxation of capital gains; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 597. By Representatives Bulloch of the 180th, Walker of the 141st, Stokes of the 92nd, Crawford of the 129th and Davis of the 60th:
A BILL to amend Code Section 45-15-70 of the Official Code of Georgia Annotated, relating to counsel for public officials and agencies, so as to allow certified court reporters to receive counsel; and for other purposes.

Referred to the Committee on Judiciary.

HB 598. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to procedures regarding the adoption of millage rates, so as to change certain provisions regarding the time of conducting certain public hearings; and for other purposes.

Referred to the Committee on Ways & Means.

HB 599. By Representative Smith of the 91st:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia may receive creditable service for unused sick leave accrued while he or she was a member of the Teacher Retirement System of Georgia under certain conditions; to provide that a member of the Teachers Retirement System of Georgia may receive creditable service for unused sick leave accrued while he or she was a member of the Employees' Retirement System of Georgia under certain conditions; and for other purposes.

Referred to the Committee on Retirement.

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HB 600. By Representatives McBee of the 88th, Shanahan of the 10th, Cummings of the 27th and Manning of the 32nd:
A BILL to amend Code Section 47-3-81 of the Official Code of Georgia Annotated, relating to the transfer of service credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, limitations, and additional contributions or adjustments required, so as to provide that any person who so transfers his or her membership in retirement systems shall be entitled to obtain creditable service for certain unused sick leave; and for other purposes.

Referred to the Committee on Retirement.

HB 601. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
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; and for other purposes.

Referred to the Committee on Appropriations.

HB 602. By Representatives McBee of the 88th and Cummings of the 27th:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to define a certain term; to provide that a member of such retirement system who continues to teach after attaining 25 years of creditable service shall be entitled to have an additional 0.1 percent added to his or her benefit formula upon retirement for each such year of service, for a maximum of 0.5 percent; and for other purposes.

Referred to the Committee on Retirement.

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HB 603. By Representatives Manning of the 32nd, Coleman of the 80th, McBee of the 88th, Cummings of the 27th and Smith of the 102nd:
A BILL to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 604. By Representative Childers of the 13th:
A BILL to amend Code Section 47-3-92 of the Official Code of Georgia Annotated, relating to creditable service in the Teachers Retirement System of Georgia, so as to provide that a member of the Teachers Retirement System of Georgia may receive creditable service for unused sick leave accrued while he or she was a member of the Employees' Retirement System of Georgia under certain conditions; and for other purposes.

Referred to the Committee on Retirement.

HB 605. By Representative Childers of the 13th:
A BILL to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who was the spouse of a member of such retirement system who served in the active military service shall be entitled to obtain creditable service under the same terms and conditions as his or her spouse is or was subject to as a member of this retirement system; and for other purposes.

Referred to the Committee on Retirement.

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741

HB 606. By Representative Crawford of the 129th:
A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to provide that full-time law assistants for judicial circuits employed pursuant to the provisions of Code Section 15-6-28 shall be members of such retirement system; and for other purposes.

Referred to the Committee on Retirement.

HB 607. By Representatives Jenkins of the 110th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for certain tax credits with respect to certain qualified business expansion; and for other purposes.

Referred to the Committee on Ways & Means.

HB 608. By Representative Jenkins of the 110th:
A BILL to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; and for other purposes.

Referred to the Committee on Retirement.

HB 609. By Representatives Jackson of the 148th, Stephens of the 150th, Day of the 153rd and Heard of the 89th:
A BILL to amend Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic increases, so as to increase the amount of such credits; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 610. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain film production equipment or services; to provide for an exemption with respect to the sale or use of certain digital broadcast equipment; and for other purposes.
Referred to the Committee on Ways & Means.
HB 611. By Representative Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation; and for other purposes.
Referred to the Committee on Ways & Means.
HB 612. By Representative Cummings of the 27th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the power of the board of trustees of the Employees' Retirement System of Georgia to invest and reinvest the assets of the retirement system; to provide that 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; and for other purposes.
Referred to the Committee on Retirement.

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HR 261. By Representative Hembree of the 98th:
A RESOLUTION urging support by state and local government agencies of the efforts of Georgia Correctional Industries in providing Georgia's prison inmates with job training, work experience, and skills that increase their chances of success after prison release while providing government agencies with quality products and services at competitive prices; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 263. By Representatives Harbin of the 113th and Jackson of the 112th:
A RESOLUTION creating the Joint Study Commission on Water Management; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 264. By Representative James of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a dog and cat sterilization support program and provide funds for the program from the sale of special license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 265. By Representative Williams of the 83rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for tax credits, tax refunds, or other relief of tax liability; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 497 HB 499 HB 500 HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508 HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525

HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 HB 533 HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HR 255 HR 256 HR 257 HR 258

Pursuant to Rule 52, Representative Willard of the 44th moved that the following Bill of the House be engrossed:

HB 500. By Representatives Willard of the 44th, Millar of the 59th, Hammontree of the 4th, Golick of the 30th, Cox of the 105th 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

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provide for an exemption with respect to certain sales of propane and natural gas used for residential purposes; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Mueller of the 152nd moved that the following Bill of the House be engrossed:

HB 501. By Representatives Mueller of the 152nd, Bohannon of the 139th, Campbell of the 42nd, Callaway of the 81st, Hines of the 38th 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; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 502. By Representatives Jamieson of the 22nd, Skipper of the 137th 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 the sale or use of certain digital broadcast equipment; and for other purposes.

The motion prevailed.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and 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 27 Do Pass HB 240 Do Pass

HB 444 Do Pass HB 477 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 13, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 261 HB 355

Income tax; credit for low-emission vehicles Registered Nurse First Assistant Consumer Act; enact

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Representative Skipper of the 137th assumed the chair.

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

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HB 27.

By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Wiles of the 34th, Golick of the 30th and others:
A BILL to provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; 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; and for other purposes.

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

HB 240. By Representatives Collins of the 29th, Johnson of the 35th, Golick of the 30th, Manning of the 32nd, Wix of the 33rd and others:
A BILL to provide for a homestead exemption from certain City of Smyrna 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; and for other purposes.

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

HB 444. By Representatives Ehrhart of the 36th, Richardson of the 26th, Wiles of the 34th, Manning of the 32nd, Parsons of the 40th and others:
A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; and for other purposes.

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

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HB 477. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th, 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 jurisdiction of the recorder's court; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 13, 2001

Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills
Mobley Morris Y Mosley

Y Sholar Y Sims Y Sinkfield
Skipper Smith, B

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Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 161, nays 0. The Bills, having received the requisite constitutional majority, were passed.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health & Ecology and referred to the Committee on Judiciary:

HB 435. By Representative Bordeaux of the 151st:
A BILL to amend Code Section 9-11-35 of the Official Code of Georgia Annotated, relating to the physical and mental examination of persons, so as to provide that mental examinations may be conducted by either a physician or a psychologist; and for other purposes.

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 36. By Senators Ray of the 48th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail, so as to require persons on bail for family violence offenses, who are again arrested for family violence, to have a superior court judge set bail; to repeal conflicting laws; and for other purposes.

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SB 56. By Senators Hamrick of the 30th and Hecht of the 34th:
A bill to be entitled an Act to provide for a homestead exemption from certain Douglas 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 persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 88. By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide for a homestead exemption from certain Carroll 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 persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 122. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.
HB 61. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Heard of the 89th and others:

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751

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; and for other purposes.
HB 172. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to provide for the opening and closing of the waters of the state to the taking of horseshoe crabs for bait; to limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license; to prohibit the taking and possession of more than 25 horseshoe crabs; and for other purposes.
HB 173. By Representatives Lane of the 146th and Morris of the 155th:
A BILL to amend Part 1 of Article 4 of Chapter 4 of Title 27, relating to general provisions relative to seafood, so as to change the minimum size allowable for possession of tarpon; to define a certain term; to prohibit the taking of Atlantic bill fish; and for other purposes.
HB 353. By Representative Purcell of the 147th:
A BILL to amend an Act creating the State Court of Effingham County, so as to provide that the judge and solicitor of such court shall devote their full time to the duties of their offices; and for other purposes.

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

SB 36.

By Senators Ray of the 48th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail, so as to require persons on bail for family violence offenses, who are again arrested for family violence, to have a superior court judge set bail; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Special Judiciary.

SB 56.

By Senators Hamrick of the 30th and Hecht of the 34th:
A bill to be entitled an Act to provide for a homestead exemption from certain Douglas 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 persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 88.

By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide for a homestead exemption from certain Carroll 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 persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

SB 122. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to

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753

provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.

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 substitute thereto:

HB 231. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the Board of Public Education and Orphanage for Bibb County,

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approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), is amended by striking Section 3 of said Act and inserting in lieu thereof the following:

"SECTION 3. (a) The board shall be entitled to and shall receive for the purposes of this Act the pro rata share for Bibb County of all taxes now paid to the state and set apart for educational purposes and all appropriations for such purposes and the pro rata share for Bibb County of all endowments, devises, gifts, and bequests made, or hereafter to be made, to the state or State Board of Education and of any and all educational incomes and funds not belonging to and due to the board of regents now in the treasury of the state or hereafter to be deposited. (b) The board of education shall annually certify to the Board of Commissioners of Bibb County a school tax for the support and maintenance of education in Bibb County. The board of commissioners shall annually levy said tax upon the assessed value of all taxable property within Bibb County and collect the same like other taxes of the county. The levy made by the board of education and certified to the board of commissioners shall not exceed 20 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law."

SECTION 2. Said Act is further amended by striking Section 3A in its entirety and inserting in lieu thereof the following:

Reserved."

"SECTION 3A.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the voters of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, general election and shall issue the call and conduct the election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which changes the provisions of law relating to the certification and levy of the school tax by the Bibb County Board of Education?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons

TUESDAY, FEBRUARY 13, 2001

755

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, it shall become of full force and effect on the first day of January immediately following that election date. If the Act is not so approved or if the election is not conducted as provided in this section, the Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 124th moved that the House agree to the Senate substitute to HB 231.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The Speaker 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 233. By Representatives Heard of the 89th, Harbin of the 113th and Hugley of the 133rd:
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; and for other purposes.

The following amendment was read:

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Representatives Smith of the 12th and Jamieson of the 22nd move to amend HB 233 as follows:
Page 4, Line 5, after the word payment (.) delete balance of Line 5 thru 9.

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

Allen N Amerson N Anderson N Ashe N Bannister N Barnard Y Barnes N Bell N Birdsong Y Black N Boggs N Bohannon
Bordeaux N Borders N Bridges Y Brooks N Broome N Brown N Buck E Buckner N Bulloch
Bunn Burkhalter N Burmeister N Byrd E Callaway N Campbell Y Cash Y Channell Y Childers N Coan Coleman, B Y Coleman, T N Collins Connell N Cooper

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B
Deloach, G N Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett
Floyd N Forster N Franklin E Golick N Graves Y Greene
Hammontree Hanner N Harbin N Harrell N Heard N Heckstall N Hembree N Henson N Hines Y Holland N Holmes Y Houston N Howard N Hudgens Y Hudson, N

Y Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James Y Jamieson
Jenkins N Jennings N Johnson N Jordan N Joyce Y Kaye N Keen N Knox N Lane N Lanier Y Lewis N Lord
Lucas N Lunsford
Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills Y Mobley Y Morris N Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote N Pinholster N Poag Y Porter N Powell Y Purcell N Ragas N Randall Y Ray Y Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D
Roberts, L Y Rogers
Royal N Sailor Y Sanders N Scheid Y Scott N Seay Y Shanahan Y Shaw N Sholar Y Sims N Sinkfield N Skipper N Smith, B

N Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V N Smyre N Snelling N Snow
Squires Stallings N Stancil Stanley N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague Y Teper N Tillman Turnquest Y Twiggs Y Unterman Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 45, nays 106.

TUESDAY, FEBRUARY 13, 2001

757

The amendment was lost.

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.

The report of the Committee, which was favorable to the 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck E Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin E Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 2.

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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.
HB 264. By Representatives Randall of the 127th, McClinton of the 68th, Jenkins of the 110th and Childers of the 13th:
A BILL to amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49, so as to provide conditions under which certain monetary penalties may be imposed against nursing facilities, nursing homes, or immediate care homes; to provide for the suspension of civil monetary penalties against such facilities under certain conditions; to provide for additional sanctions against such facilities which remain in noncompliance under certain circumstances; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49, so as to provide conditions under which certain monetary penalties may be imposed against nursing facilities, nursing homes, or intermediate care homes; to provide for the suspension of civil monetary penalties against such facilities under certain conditions; to provide that under certain conditions civil monetary penalties imposed shall relate back to the date on which such penalties were suspended; 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 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and

TUESDAY, FEBRUARY 13, 2001

759

Chapter 5 of Title 49, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(1)(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (2)(B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended."
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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson

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

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires

760
Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
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Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, N

Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 168. By Representatives Reichert of the 126th, Hudson of the 156th, Brown of the 130th, Lewis of the 14th and Bell of the 25th:
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; and for other purposes.

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

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

Y Allen Y Amerson

Y Cox Y Crawford

Y Hudson, S Y Hugley

Y Mueller Y Orrock

Y Smith, C Y Smith, C.W

Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 13, 2001

Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

761
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 261. By Representatives Royal of the 164th, Buck of the 135th, Hanner of the 159th, Jamieson of the 22nd, Bell of the 25th 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 change certain provisions regarding income tax credits

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for low-emission vehicles; to provide for definitions; to provide for income tax credits for the purchase or lease of zero emission vehicles; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 2001

763

HB 355. By Representatives Orrock of the 56th, Harbin of the 113th, Graves of the 125th, Smith of the 169th, Powell of the 23rd and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assistant services; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assistant services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, is amended by adding at the end thereof a new Code Section 33-24-59.9 to read as follows:
"33-24-59.9. (a) This Code section shall be known and may be cited as the 'Registered Nurse First Assistant Consumer Act.' (b) It is the intent of the General Assembly to:
(1) Encourage the continued use of registered nurse first assistants who meet the qualifications of this Code section as 'assistants at surgery' by physicians and surgical facilities to provide quality, cost-effective surgical intervention to health care recipients in the state; and (2) Establish policies within managed health care agencies, workers compensation carriers, and all private insurance companies to provide for adequate and justifiable reimbursement for the registered nurse first assistant for services rendered. (c) As used in this Code section, the term:

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(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those policies, plans, or contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, workers compensation insurance carrier in accordance with Chapter 9 of Title 34, or other insurer or similar entity. (2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, workers compensation insurance carrier, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title, but shall exclude any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program. (3) 'Perioperative nursing' means a practice of registered professional nursing in which the registered nurse provides preoperative, intraoperative, and postoperative nursing care to surgical patients. (4) 'Recognized educational curriculum program' means a program that:
(A) Addresses all content of the Association of periOperative Registered Nurses, Inc., Core Curriculum for the Registered Nurse First Assistant and the Certification Board of Perioperative Nurses; and (B) Includes indicated didactic and clinical internship as required by the curriculum. (5) 'Registered nurse first assistant' means a person who:
(A)(i) Is licensed as a registered professional nurse in the State of Georgia; (ii) Is certified in perioperative nursing; and (iii) Has successfully completed a registered nurse first assistant education program that meets the Association of periOperative Registered Nurses, Inc.s education standard for the registered nurse first assistant; or (B) Was holding the title of and practicing as a registered nurse first assistant as of January 1, 1993. (d) Notwithstanding any provisions in policies or contracts which might be construed to the contrary, whenever any health benefit policy which is issued, executed, or renewed in this state on or after July 1, 2001, provides that any of its benefits are payable to a surgical first assistant for services rendered, the insurer shall be required to directly reimburse any registered nurse first assistant who has rendered such services at the request of a physician and within the scope of a registered nurse first assistants professional license. This Code section shall not apply to a registered nurse first assistant who is employed by the requesting physician."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 13, 2001

765

The following amendment was read and adopted:

Representatives Brown of the 130th and Orrock of the 56th move to amend the Committee substitute to HB 355 as follows:
At end of line 36 strike ". add or renders such services in the capacity as an employee of the hospital where services are rendered

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard

Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L

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

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 Resolution of the Senate was withdrawn from the Committee on Natural Resources & Environment and referred to the Committee on State Institutions & Property:

SR 35.

By Senators Dean of the 31st, Starr of the 44th, Johnson of the 1st, Bowen of the 13th, Gillis of the 20th and others:
A resolution authorizing the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through property owned by the State of Georgia in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal conflicting laws; and for other purposes.

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 434 Do Pass, by Substitute

TUESDAY, FEBRUARY 13, 2001

767

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 194

Do Pass, by Substitute

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 208 HB 410

Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

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Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 364 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 14, 2001

769

Representative Hall, Atlanta, Georgia Wednesday, February 14, 2001

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:

Amerson Anderson Ashe Bannister Barnard Birdsong Black Boggs Bohannon Bridges Brooks Broome Brown E Buckner Bulloch Bunn Burmeister Byrd Callaway Campbell Cash Childers Coleman, B

Connell Cox Crawford Cummings Davis Deloach, B Deloach, G Dodson Drenner Ehrhart Everett Forster Franklin Golick Greene Hanner Harbin Harrell Heard Heckstall Hembree Hines Holland

Houston Hudgens Hudson, N Hugley Jackson, B Jackson, L James Jennings Johnson Jordan E Joyce Keen Knox Lane Lanier Lord Mangham E Mann Massey McCall McKinney Mills Morris

Mosley Mueller Parrish Parsons Pinholster Powell Purcell Randall Reece Reese Reichert Rice Richardson Rogers Royal Sanders Scott Seay Shanahan Shaw Sholar Sims Skipper

Smith, B Smith, C Smith, L Smith, P Smith, V Snelling Stallings Stancil Stokes Taylor Teper Tillman Twiggs Unterman Walker, L West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Barnes of the 97th, Bell of the 25th, Bordeaux of the 151st, Borders of the 177th, Buck of the 135th, Burkhalter of the 41st, Channell of the 111th, Coleman of the 142nd, Collins of the 29th, Cooper of the 31st, Day of the 153rd, Epps of the 131st, Floyd of the 138th, Graves of the 125th, Hammontree of the 4th, Henson of the 65th, Holmes of the 53rd, Howard of the 118th, Hudson of the 120th, Jenkins of the 110th, Kaye of the 37th, Lewis of the 14th, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, Manning of the 32nd, Martin of the 47th, McBee of the 88th, McClinton of the 68th, Millar of the 59th, Orrock of the 56th, Parham of the 122nd, Porter of the 143rd, Ray of the 128th, Reed of the 52nd, Roberts of the 132nd,

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Roberts of the 162nd, Sailor of the 71st, Scheid of the 17th, Sinkfield of the 57th, Smith of the 169th, Smith of the 19th, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 50th, Stephens of the 150th, Teague of the 58th, Turnquest of the 73rd, Walker of the 87th, and Watson of the 70th.
They wish to be recorded as present.

Prayer was offered by Dr. Bert Vaughn, Pastor, First Baptist Church, Calhoun, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

WEDNESDAY, FEBRUARY 14, 2001

771

HB 613. By Representatives Stanley of the 50th, Stanley of the 49th, Walker of the 141st, Ehrhart of the 36th, Squires of the 78th and others:
A BILL to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to the custody of children, how the same is determined, discretion of the court, the right of a child 14 years of age or over to select custodial parent, consideration of the child's educational needs, when visitation rights may be reviewed, notification of a change in residence, and the application of the Uniform Child Custody Jurisdiction Act, so as to provide that any time a custodial parent interferes with the court ordered visitation rights of a noncustodial parent, the noncustodial parent shall be entitled to an expedited hearing before a superior court judge; and for other purposes.

Referred to the Committee on Judiciary.

HB 614. By Representatives Campbell of the 42nd and Bordeaux of the 151st:
A BILL to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, "The Zoning Procedures Law," so as to provide that decisions to suspend, postpone, or defer zoning decisions for no more than 120 days shall not be subject to the requirements of said chapter; and for other purposes.

Referred to the Committee on State Planning & Community Affairs .

HB 615. By Representative Childers of the 13th:
A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require that certain written communications of permissible donees of such gifts contain certain disclosures; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 616. By Representatives Campbell of the 42nd and Stancil of the 16th: A BILL to provide a homestead exemption from City of Mountain Park ad

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valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for each resident of the City of Mountain Park, which is in lieu of and not in addition to any other homestead exemption applicable to City of Mountain Park ad valorem taxes for municipal purposes; and for other purposes.

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

HB 617. By Representative Lord of the 121st:
A BILL to amend an Act creating a new charter for the City of Stapleton, so as to change the terms of the mayor and councilmembers; to provide for atlarge elections; and for other purposes.

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

HB 618. By Representative Ashe of the 46th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that provisions relating to students subject to disciplinary orders of other public school systems apply to students subject to disciplinary orders of other educational entities, including private schools and home study programs; and for other purposes.

Referred to the Committee on Education.

HB 619. By Representative Ashe of the 46th:
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 change time periods for the decision of the disciplinary officer, panel, or tribunal, for the notice of appeal, and for the decision by the local board of education; and for other purposes.

Referred to the Committee on Education.

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773

HB 620. By Representatives Mosley of the 171st and Byrd of the 170th:
A BILL to provide a homestead exemption from all Wayne County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; and for other purposes.

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 550 HB 551 HB 552 HB 553 HB 554 HB 555 HB 556 HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 567 HB 568 HB 569 HB 570 HB 571 HB 572 HB 573 HB 574 HB 575 HB 576

HB 586 HB 587 HB 588 HB 589 HB 590 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 603 HB 604 HB 605 HB 606 HB 607 HB 608 HB 609 HB 610 HB 611 HB 612

774
HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584 HB 585

JOURNAL OF THE HOUSE
HR 261 HR 263 HR 264 HR 265 SB 36 SB 56 SB 88 SB 122

Pursuant to Rule 52, Representative McBee of the 88th moved that the following Bill of the House be engrossed:

HB 558. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
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 certain sales to nonprofit organizations providing services to mentally retarded persons; and for other purposes.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 372 Do Pass, by Substitute

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

WEDNESDAY, FEBRUARY 14, 2001

775

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and 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 13 Do Pass SR 35 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:

Your Committee on State Planning and 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 414 Do Pass HB 512 Do Pass

HB 516 Do Pass HR 258 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 14, 2001

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Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 115
HB 242 HB 248 HB 279 HB 299 HB 302 HB 317 HB 352 HB 399 HB 409 HR 143

Municipalities; disposition of property; resource conservation and development councils Adjutant general and assistant; amend provisions Seat belts; child restraint; medical condition State government; development; save or replace trees Ad valorem tax; homestead exemption; certain residents County officers; minimum salaries Housing and finance authority; retailing and signage; authorized purposes Insurance agents, agencies, subagents, counselors, adjusters; licensing County governing authorities; compensation Redevelopment; expand meaning; certain nonurban areas "Ovarian Cancer Awareness Month"; designate April

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 414. By Representatives Smith of the 12th and Reece of the 11th:
A BILL to provide that the judge of the Juvenile Court of Floyd County shall be appointed in the manner specified by general law; to provide for the continuation in office and expiration of term of the current judge; to provide for vacancies; to provide for the specific repeal of an Act providing for the election of the judge of the Juvenile Court of Floyd County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 2001

777

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

HB 512. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:
A BILL to amend the Act creating a new charter for the City of Holly Springs, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; and for other purposes.

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

HB 516. By Representative Morris of the 155th:
A BILL to amend an Act entitled "A bill to create a new charter for the Town of Mount Vernon," so as to provide for the appointment of a municipal judge; to provide for certain punishments for violations of city ordinances; and for other purposes.

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

HR 258. By Representatives Twiggs of the 8th and Murphy of the 18th:
A RESOLUTION urging the permanent display of the portrait of the Honorable T. S. Candler, presiding Judge Emeritus of the Supreme Court of Georgia in the Union County Courthouse; and for other purposes.

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 Bills and Resolution.

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B
Deloach, G Dix Y Dodson Y Drenner Dukes Y Ehrhart Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Howard Y Hudgens Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock Parham
Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bills and Resolution, the ayes were 143, nays 1.
The Bills and Resolution, having received the requisite constitutional majority, were passed.

Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 14, 2001

779

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 97. By Senators Bowen of the 13th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A, relating to the state highway system, so as to provide that with respect to the Roadside Enhancement and Beautification Fund, the Department of Transportation may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by such department; to amend Article 2 of Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles generally; to repeal conflicting laws; and for other purposes.
SB 108. By Senators Meyer von Bremen of the 12th, Kemp of the 3rd, Ray of the 48th, Hecht of the 34th and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to property, so as to change the provisions relating to failure to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide; to include failure to disclose that property was site of death by accidental or natural causes; to provide for failure of real estate brokers and affiliated licensees of real estate brokers to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide or a death by accidental or natural causes; to repeal conflicting laws; and for other purposes.
SB 126. By Senator Jackson of the 50th:
A bill to be entitled an Act to create the Lumpkin County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged

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therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
SB 140. By Senator Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from Butts County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over without regard to their income; to provide a homestead exemption from Butts County ad valorem taxes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of the county who are 62 years of age or over without regard to their income; to repeal a local amendment to the Constitution of Georgia which provided a $12,000.00 homestead exemption from Butts County School District ad valorem taxes for certain older residents of that district with incomes below certain levels; to repeal conflicting laws; and for other purposes.
SB 141. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3613), so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 142. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3596), so as to provide for an additional county supplement to be paid to the chief judge of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 14, 2001

781

SB 143. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change the compensation of the judge pro hac vice; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 144. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the salary of the judges of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 41. By Senator Hooks of the 14th:
A resolution designating the Jack Peed Bridge; and for other purposes.
SR 70. By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Hooks of the 14th:
A resolution designating the portion of U.S. Highway 84 in Grady County as the Bill Stanfill Highway; and for other purposes.
SR 80. By Senators Polak of the 42nd, Gingrey of the 37th, Burton of the 5th, Haines of the 46th and Brush of the 24th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

SR 165. By Senators Hooks of the 14th, Walker of the 22nd and Starr of the 44th: A resolution relative to adjournment; and for other purposes.

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

SB 97.

By Senators Bowen of the 13th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A, relating to the state highway system, so as to provide that with respect to the Roadside Enhancement and Beautification Fund, the Department of Transportation may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by such department; to amend Article 2 of Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles generally; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 108. By Senators Meyer von Bremen of the 12th, Kemp of the 3rd, Ray of the 48th, Hecht of the 34th and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to property, so as to change the provisions relating to failure to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide; to include failure to disclose that property was site of death by accidental or natural causes; to provide for failure of real estate brokers and affiliated licensees of real estate brokers to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide or a death by accidental or natural causes; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 126. By Senator Jackson of the 50th: A bill to be entitled an Act to create the Lumpkin County Public Building

WEDNESDAY, FEBRUARY 14, 2001

783

Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

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

SB 140. By Senator Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from Butts County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over without regard to their income; to provide a homestead exemption from Butts County ad valorem taxes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of the county who are 62 years of age or over without regard to their income; to repeal a local amendment to the Constitution of Georgia which provided a $12,000.00 homestead exemption from Butts County School District ad valorem taxes for certain older residents of that district with incomes below certain levels; to repeal conflicting laws; and for other purposes.

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

SB 141. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3613), so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
SB 142. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3596), so as to provide for an additional county supplement to be paid to the chief judge of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 143. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change the compensation of the judge pro hac vice; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 144. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the salary of the judges of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 14, 2001

785

SR 41.

By Senator Hooks of the 14th: A resolution designating the Jack Peed Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 70.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Hooks of the 14th:
A resolution designating the portion of U.S. Highway 84 in Grady County as the Bill Stanfill Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 80.

By Senators Polak of the 42nd, Gingrey of the 37th, Burton of the 5th, Haines of the 46th and Brush of the 24th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

The following Resolution of the Senate was read:

SR 165. By Senators Hooks of the 14th, Walker of the 22nd and Starr of the 44th

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 16, 2001, and shall reconvene on Tuesday, February 20, 2001, and that as authorized by Code Section 28-1-2, the hour

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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.
BE IT FURTHER RESOLVED that for the remainder of the 2001 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y 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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

WEDNESDAY, FEBRUARY 14, 2001

787

On the adoption of the Resolution, the ayes were 156, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

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 115. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to authorize certain transfers of property to bona fide nonprofit resource conservation and development councils; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L

788
Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Martin Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Ray of the 128th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 302. By Representatives Coleman of the 142nd, Royal of the 164th and Shanahan of the 10th:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration,

WEDNESDAY, FEBRUARY 14, 2001

789

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

Population

Minimum Salary

0 -- 5,999

$21,780.00 23,958.00

6,000 -- 11,889

29,910.00 32,901.00

11,890 -- 19,999

33,882.00 37,270.00

20,000 -- 28,999

36,301.00 39,931.00

29,000 -- 38,999

38,720.00 42,592.00

39,000 -- 49,999

41,142.00 45,256.00

50,000 -- 74,999

43,563.00 47,919.00

75,000 -- 99,999

44,772.00 49,249.00

100,000 -- 149,999

45,982.00 50,580.00

150,000 -- 199,999

47,192.00 51,911.00

200,000 -- 249,999

48,402.00 53,242.00

790

JOURNAL OF THE HOUSE

250,000 -- 299,999 300,000 -- 399,999 400,000 -- 499,999 500,000 or more

66,936.00 73,630.00 73,890.00 81,279.00 76,890.00 84,579.00 79,890.00 87,879.00

(b) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section.

WEDNESDAY, FEBRUARY 14, 2001

791

(d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerks compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerks salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."

SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 15-6-88.1, to be designated Code Section 15-6-88.2, to read as follows: "15-6-88.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of clerk of the superior court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 3. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following: "15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary of not less than $236.25 $259.88 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."
SECTION 4.

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Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries of judges of the probate courts, and inserting in its place the following:
"(a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 20,511.00 22,562.00

6,000 -- 11,889

27,083.00 29,791.00

11,890 -- 19,999

30,084.00 33,092.00

20,000 -- 28,999

33,235.00 36,559.00

29,000 -- 38,999

36,769.00 40,446.00

39,000 -- 49,999

38,783.00 42,661.00

50,000 -- 74,999

41,737.00 45,911.00

75,000 -- 99,999

45,973.00 50,570.00

100,000 -- 149,999

50,210.00 55,231.00

150,000 -- 199,999

55,936.00 61,530.00

200,000 -- 249,999

61,662.00 67,828.00

250,000 -- 299,999

64,435.00 70,879.00

300,000 -- 399,999

67,209.00 73,930.00

400,000 -- 499,999

70,209.00 77,230.00

500,000 or more

73,209.00 80,530.00

(2) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 159-64, or the amounts derived by increasing each of said amounts through the

WEDNESDAY, FEBRUARY 14, 2001

793

application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judges compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judges salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."
SECTION 5. Said title is further amended by striking Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate, and inserting in its place the following: "15-9-63.1. (a) Beginning January 1, 2000 July 1, 2001, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $8,500.00 $9,350.00; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after January 1, 2000 July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general

794

JOURNAL OF THE HOUSE

performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January July following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1 July 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (c) On and after January 1, 2000 July 1, 2001, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999, effective the first day of January following the completion of each such period of service."
SECTION 6. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of judges of the probate courts, and inserting in its place the following: "15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $236.25 $259.88 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $295.25 per month."
SECTION 7. Said title is further amended by adding a new Code section immediately following Code Section 15-9-64, to be designated Code Section 15-9-64.1, to read as follows: "15-9-64.1.

WEDNESDAY, FEBRUARY 14, 2001

795

In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of judge of the probate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 8. Said title is further amended by striking Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in its place the following: "15-10-23.
(a)(1) As used in this Code section, the term 'full-time capacity' means a work week of no less than 40 hours in the case of a chief magistrate means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (2) Unless otherwise provided by local law and except as otherwise provided in paragraphs (2) and (3) of this subsection, effective January 1, 1996 July 1, 2001, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 10,397.00

6,000 -- 11,889

14,510.00

11,890 -- 19,999

16,318.00

20,000 -- 28,999

18,130.00

29,000 -- 38,999

20,772.00

796

JOURNAL OF THE HOUSE

39,000 -- 49,999 50,000 -- 74,999 75,000 -- 99,999 100,000 -- 149,999 150,000 -- 199,999 200,000 -- 249,999 250,000 -- 299,999 300,000 or more

22,285.00 23,819.00 25,015.00 29,891.00 31,507.00 38,386.00 39,168.00 41,818.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrates compensation or supplement shall be decreased during any term of office. (2) Unless otherwise provided by local law, effective January 1, 1997, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 13,882.00

6,000 -- 11,889

18,720.00

11,890 -- 19,999

20,894.00

20,000 -- 28,999

23,135.00

29,000 -- 38,999

25,952.00

39,000 -- 49,999

27,560.00

50,000 -- 74,999

29,578.00

75,000 -- 99,999

31,970.00

100,000 -- 149,999

36,201.00

WEDNESDAY, FEBRUARY 14, 2001

797

150,000 -- 199,999 200,000 -- 249,999 250,000 -- 299,999 300,000 or more

39,433.00 45,297.00 46,861.00 49,361.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrates compensation or supplement shall be decreased during any term of office. (3) Unless otherwise provided by local law, effective January 1, 1998, the chief magistrate of each county who serves in a full-time capacity other than in those counties where the judge of the probate court serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 18,783.00 20,661.00

6,000 -- 11,889

24,801.00 27,281.00

11,890 -- 19,999

27,549.00 30,304.00

20,000 -- 28,999

31,365.00 34,502.00

29,000 -- 38,999

33,671.00 37,038.00

39,000 -- 49,999

35,515.00 39,067.00

50,000 -- 74,999

38,221.00 42,043.00

75,000 -- 99,999

42,100.00 46,310.00

100,000 -- 149,999

45,980.00 50,578.00

150,000 -- 199,999

51,223.00 56,345.00

200,000 -- 249,999

56,467.00 62,114.00

250,000 -- 299,999

59,007.00 64,908.00

300,000 or more

61,546.00 67,701.00

798

JOURNAL OF THE HOUSE

The minimum salary for each affected chief magistrate shall be fixed from the above table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrates compensation supplement shall be decreased during any term of office. (b) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate which a full-time chief magistrate of the county would receive multiplied by the number of actual working hours of the chief magistrate. (c) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,812.00 $3,093.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. All other magistrates shall receive a minimum monthly salary of the lesser of $16.22 $17.84 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $432.64 $475.90. The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrates compensation supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (d) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (e) The General Assembly may by local law fix the compensation of any or all of a countys magistrates. (f) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (g) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.

WEDNESDAY, FEBRUARY 14, 2001

799

(h) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (i) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not necessarily apply to senior magistrates. (j) The amounts provided in subsections (a) and (c) of this Code section, as increased by subsection (k) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service. (k) On and after January 1, 1996 2002, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective."

800

JOURNAL OF THE HOUSE

SECTION 9. Said title is further amended by adding a new Code section immediately following Code Section 15-10-23, to be designated Code Section 15-10-23.1, to read as follows: "15-10-23.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 10. Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following: "15-10-105. (a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $236.25 $259.88 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $236.25 $259.88 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.

WEDNESDAY, FEBRUARY 14, 2001

801

(c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $236.25 $259.88 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $236.25 $259.88 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement. (g) In any case any magistrate may perform any duty to be performed by the clerk."

SECTION 11. Said title is further amended by adding a new Code section immediately following Code Section 15-10-105.1, to be designated Code Section 15-10-105.2, to read as follows: "15-10-105.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of clerk of the magistrate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

802

JOURNAL OF THE HOUSE

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:
"(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 30,697.00 33,767.00

6,000 -- 11,889

34,254.00 37,679.00

11,890 -- 19,999

39,337.00 43,271.00

20,000 -- 28,999

43,315.00 47,647.00

29,000 -- 38,999

47,292.00 52,021.00

39,000 -- 49,999

51,272.00 56,399.00

50,000 -- 74,999

55,249.00 60,774.00

75,000 -- 99,999

57,127.00 62,840.00

100,000 -- 149,999

59,005.00 64,906.00

150,000 -- 199,999

61,105.00 67,216.00

200,000 -- 249,999

63,205.00 69,526.00

250,000 -- 299,999

69,182.00 76,100.00

300,000 -- 399,999

77,259.00 84,985.00

400,000 -- 499,999

80,259.00 88,285.00

500,000 -- and up

83,259.00 91,585.00

(2) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the

WEDNESDAY, FEBRUARY 14, 2001

803

minimum salary schedule in paragraph (1) of this subsection and in Code Section 1516-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff."
SECTION 13. Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following: "15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorders court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $236.25 $259.88 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."

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SECTION 14. Said title is further amended by adding a new Code section immediately following Code Section 15-16-20.1, to be designated Code Section 15-16-20.2, to read as follows: "15-16-20.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of sheriff, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 15. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (d) of Code Section 21-2-212, relating to county registrars, and inserting in its place a new subsection (d) to read as follows: "(d) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 $61.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 $48.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 $272.00 per month and the other registrars in an amount not less than $220.00 $242.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed

WEDNESDAY, FEBRUARY 14, 2001

805

and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds."
SECTION 16. Said title is further amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar, and inserting in its place the following: "(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $236.25 $259.88 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of States office, where such information shall be maintained on file."

SECTION 17. Said title is further amended by adding a new Code section immediately following Code Section 21-2-213, to be designated 21-2-213.1, to read as follows: "21-2-213.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of the board of registrars, and payable from county funds, a monthly expense allowance for each registrar of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 18. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by striking Code Section 45-1611, relating to compensation of county coroners, and inserting in its place the following:

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"45-16-11. (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each coroner in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive an annual salary, payable in equal monthly installments from the funds of the coroners county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 11,889

$ 2,400.00

11,890 -- 74,999

4,800.00

75,000 -- 249,999

7,200.00

250,000 -- 499,999

9,600.00

500,000 -- and up

12,000.00

(2) On and after July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 4516-11.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 4516-11.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary

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807

schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the coroner in such amount as it may fix from time to time; but no coroners compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the coroners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the coroner. (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any coroner after December 31, 2000, effective the first day of January following the completion of each such period of service. (c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a coroners office shall come from funds other than the funds specified as salary in this Code section. (d) This Code section shall not be construed to reduce the salary of any coroner in office on July 1, 2001; provided, however, that successors to such coroners in office on July 1, 2001, shall be governed by the provisions of this Code section. All local legislation in effect on July 1, 2001, or enacted thereafter affecting compensation for coroners of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail.
45-16-11.1. In addition to the minimum salary provided for in Code Section 45-16-11, in any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $100.00 $110.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority.
45-16-11.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable

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expenses for the operation of the office of coroner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 19. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following: "(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $236.25 $259.88 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."

SECTION 20. Said article is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in its place the following:
"(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

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809

0 -- 5,999 6,000 -- 11,889 11,890 -- 19,999 20,000 -- 28,999 29,000 -- 38,999 39,000 -- 49,999 50,000 -- 74,999 75,000 -- 99,999 100,000 -- 149,999 150,000 -- 199,999 200,000 -- 249,999 250,000 -- 299,999 300,000 -- 399,999 400,000 -- 499,999 500,000 and more

$ 20,108.00 22,119.00 25,126.00 27,639.00 28,326.00 31,159.00 30,165.00 33,182.00 32,674.00 35,941.00 36,437.00 40,081.00 42,732.00 47,005.00 45,868.00 50,455.00 49,003.00 53,903.00 52,325.00 57,558.00 55,647.00 61,212.00 60,013.00 66,014.00 64,379.00 70,817.00 67,379.00 74,117.00 70,379.00 77,417.00

(2)(A) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state

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employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (B) On and after July 1, 1999, and prior to July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by a percentage or amount applicable to such state employees which shall be four percentage points greater than such percentage or an amount equivalent to such increased percentage point amount. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the increased percentage or increased amount authorized under this paragraph shall be based upon the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. Any periodic increase authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioners compensation supplement shall be decreased during any term of

WEDNESDAY, FEBRUARY 14, 2001

811

office. Any prior expenditure of county funds to supplement the tax commissioners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner."

SECTION 21. Said article is further amended by adding a new Code section immediately following Code Section 48-5-183, to be designated Code Section 48-5-183.1, to read as follows: "48-5-183.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as necessary and reasonable expenses for the operation of the office of tax commissioner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Coleman of the 142nd and Byrd of the 170th, was read and adopted:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chief deputy tax commissioners, chief magistrates, magistrates, clerks of superior or state

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courts serving as clerks of magistrate courts, magistrates or chief magistrates serving as clerks of the magistrate court, registrars and deputy registrars, and coroners of certain counties; to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, so as to revise certain provisions regarding the effective date of a census for certain purposes; to correct certain cross-references; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in its place the following:

"15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 21,780.00 26,433.73

6,000 -- 11,889

29,910.00 36,300.86

11,890 -- 19,999

33,882.00 41,121.55

20,000 -- 28,999

36,301.00 44,057.42

29,000 -- 38,999

38,720.00 46,993.29

39,000 -- 49,999

41,142.00 49,932.80

50,000 -- 74,999

43,563.00 52,871.09

75,000 -- 99,999

44,772.00 54,338.42

100,000 -- 149,999

45,982.00 55,806.96

150,000 -- 199,999

47,192.00 57,275.49

200,000 -- 249,999

48,402.00 58,744.04

WEDNESDAY, FEBRUARY 14, 2001

813

250,000 -- 299,999

66,936.00 81,238.19

300,000 -- 399,999

73,890.00 89,678.05

400,000 -- 499,999

76,890.00 93,319.06

500,000 or more

79,890.00 96,960.07

(b) On and after July 1, 1998 2001, whenever the employees in the classified service of

the state merit system receive a cost-of-living increase or general performance based

increase of a certain percentage or a certain amount, the amounts fixed in the minimum

salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in

subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of

said amounts through the application of longevity increases pursuant to subsection (a)

of Code Section 15-6-90, where applicable shall be increased by the same percentage or

same amount applicable to such state employees. If the cost-of-living increase or

general performance based increase received by state employees is in different

percentages or different amounts as to certain categories of employees, the amounts

fixed in the minimum salary schedule in subsection (a) of this Code section, in Code

Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts

derived through the application of longevity increases, shall be increased by a

percentage or an amount not to exceed the average percentage or average amount of the

general increase in salary granted to the state employees. The Office of Planning and

Budget shall calculate the average percentage increase or average amount increase

when necessary. The periodic changes in the amounts fixed in the minimum salary

schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection

(b) of Code Section 15-10-105, or the amounts derived through the application of

longevity increases, as authorized by this subsection shall become effective on the first

day of January following the date that the cost-of-living increases or general

performance based increases received by state employees become effective; provided,

however, that if the cost-of-living increases received by state employees become

effective on January 1, such periodic changes in the amounts fixed in the minimum

salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in

subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of

said amounts through the application of longevity increases pursuant to subsection (a)

of Code Section 15-6-90, shall become effective on the same date that the cost-of-living

increases or general performance based increases received by state employees become

effective.

(c) This Code section shall not be construed to reduce the salary of any clerk of the

superior court in office on July 1, 1991; provided, however, that successors to such

clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a)

and (b) of this Code section.

(d) The county governing authority may supplement the minimum annual salary of the

clerk of the superior court in such amount as it may fix from time to time; but no clerks

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compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerks salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."

SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 15-6-88.1, to be designated Code Section 15-6-88.2, to read as follows:
"15-6-88.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the superior court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 3. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following:
"15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary of not less than $236.25 $286.73 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."
SECTION 4.

WEDNESDAY, FEBRUARY 14, 2001

815

Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries of judges of the probate courts, and inserting in its place the following:
"(a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 20,511.00 24,893.57

6,000 -- 11,889

27,083.00 32,869.82

11,890 -- 19,999

30,084.00 36,512.04

20,000 -- 28,999

33,235.00 40,336.31

29,000 -- 38,999

36,769.00 44,625.42

39,000 -- 49,999

38,783.00 47,069.75

50,000 -- 74,999

41,737.00 50,654.92

75,000 -- 99,999

45,973.00 55,796.04

100,000 -- 149,999

50,210.00 60,938.35

150,000 -- 199,999

55,936.00 67,887.82

200,000 -- 249,999

61,662.00 74,837.29

250,000 -- 299,999

64,435.00 78,202.80

300,000 -- 399,999

67,209.00 81,569.52

400,000 -- 499,999

70,209.00 85,210.53

500,000 or more

73,209.00 88,851.53

(2) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 159-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based

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increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judges compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judges salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."
SECTION 5. Said title is further amended by striking Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate, and inserting in its place the following:
"15-9-63.1. (a) Beginning January 1, 2000 July 1, 2001, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $8,500.00 $10,316.20; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after January 1, 2000 July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living

WEDNESDAY, FEBRUARY 14, 2001

817

increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January July following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1 July 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (c) On and after January 1, 2000 July 1, 2001, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999, effective the first day of January following the completion of each such period of service."
SECTION 6. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of judges of the probate courts, and inserting in its place the following:
"15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $236.25 $286.73 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $295.25 $358.34 per month."
SECTION 7. Said title is further amended by adding a new Code section immediately following Code Section 15-9-64, to be designated Code Section 15-9-64.1, to read as follows:
"15-9-64.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of judge of the probate court, and payable from county funds,

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a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 8. Said title is further amended by striking Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in its place the following:
"15-10-23. (a)(1) As used in this Code section, the term 'full-time capacity' means a work week of no less than 40 hours in the case of a chief magistrate means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (2) Unless otherwise provided by local law and except as otherwise provided in paragraphs (2) and (3) of this subsection, effective January 1, 1996 July 1, 2001, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 10,397.00

6,000 -- 11,889

14,510.00

11,890 -- 19,999

16,318.00

20,000 -- 28,999

18,130.00

29,000 -- 38,999

20,772.00

39,000 -- 49,999

22,285.00

50,000 -- 74,999

23,819.00

75,000 -- 99,999

25,015.00

WEDNESDAY, FEBRUARY 14, 2001

819

100,000 -- 149,999

29,891.00

150,000 -- 199,999

31,507.00

200,000 -- 249,999

38,386.00

250,000 -- 299,999

39,168.00

300,000 or more

41,818.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrates compensation or supplement shall be decreased during any term of office. (2) Unless otherwise provided by local law, effective January 1, 1997, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 13,882.00

6,000 -- 11,889

18,720.00

11,890 -- 19,999

20,894.00

20,000 -- 28,999

23,135.00

29,000 -- 38,999

25,952.00

39,000 -- 49,999

27,560.00

50,000 -- 74,999

29,578.00

75,000 -- 99,999

31,970.00

100,000 -- 149,999

36,201.00

150,000 -- 199,999

39,433.00

200,000 -- 249,999

45,297.00

250,000 -- 299,999

46,861.00

300,000 or more

49,361.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as

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determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrates compensation or supplement shall be decreased during any term of office. (3) Unless otherwise provided by local law, effective January 1, 1998, the chief magistrate of each county who serves in a full-time capacity other than in those counties where the judge of the probate court serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 18,783.00 24,893.57

6,000 -- 11,889

24,801.00 32,869.82

11,890 -- 19,999

27,549.00 36,512.04

20,000 -- 28,999

31,365.00 40,336.31

29,000 -- 38,999

33,671.00 44,625.42

39,000 -- 49,999

35,515.00 47,069.75

50,000 -- 74,999

38,221.00 50,654.92

75,000 -- 99,999

42,100.00 55,796.04

100,000 -- 149,999

45,980.00 60,938.35

150,000 -- 199,999

51,223.00 67,887.82

200,000 -- 249,999

56,467.00 74,837.29

250,000 -- 299,999

59,007.00 78,202.80

300,000 or more -- 399,999

61,546.00 81,569.52

400,000 -- 499,999

85,210.53

500,000 or more

88,851.53

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as

determined by the United States decennial census of 1990 or any future such census.

The county governing authority may supplement the minimum annual salary of the

chief magistrate in such amount as it may fix from time to time; but no chief

magistrates compensation supplement shall be decreased during any term of office.

WEDNESDAY, FEBRUARY 14, 2001

821

(b) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate which a full-time chief magistrate of the county would receive multiplied by the number of actual working hours of the chief magistrate. (c) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,812.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. All other magistrates shall receive a minimum monthly salary of the lesser of $16.22 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $432.64. The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrates compensation supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (d) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (e) The General Assembly may by local law fix the compensation of any or all of a countys magistrates. (f) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (g) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (h) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (i) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not necessarily apply to senior magistrates. (j) The amounts provided in subsections (a) and (c) of this Code section, as increased by subsection (k) of this Code section, shall be increased by multiplying said amounts

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by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service. (k) On and after January 1, 1996, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (3) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to

WEDNESDAY, FEBRUARY 14, 2001

823

paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority. (4) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $3,093.00 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $17.84 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $475.90. (6) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (b) The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service. (c) On and after July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as

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increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 1510-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (d) The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrates compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (e) The General Assembly may by local law fix the compensation of any or all of a countys magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (f) This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (g) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."

SECTION 9. Said title is further amended by adding a new Code section immediately following Code Section 15-10-23, to be designated Code Section 15-10-23.1, to read as follows:
"15-10-23.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

WEDNESDAY, FEBRUARY 14, 2001

825

11,890 -- 74,999 75,000 -- 249,999 250,000 -- 499,999 500,000 or more

200.00 300.00 400.00 500.00"

SECTION 10. Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following:
"15-10-105. (a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $236.25 $286.73 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $236.25 $286.73 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $236.25 $286.73 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $236.25 $286.73 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.

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(f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement. (g) In any case any magistrate may perform any duty to be performed by the clerk."

SECTION 11. Said title is further amended by adding a new Code section immediately following Code Section 15-10-105.1, to be designated Code Section 15-10-105.2, to read as follows:
"15-10-105.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the magistrate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:
"(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 30,697.00 37,256.02

6,000 -- 11,889

34,254.00 41,573.04

11,890 -- 19,999

39,337.00 47,742.11

20,000 -- 28,999

43,315.00 52,570.10

WEDNESDAY, FEBRUARY 14, 2001

827

29,000 -- 38,999

47,292.00 57,396.87

39,000 -- 49,999

51,272.00 62,227.28

50,000 -- 74,999

55,249.00 67,054.03

75,000 -- 99,999

57,127.00 69,333.30

100,000 -- 149,999

59,005.00 71,612.57

150,000 -- 199,999

61,105.00 74,161.29

200,000 -- 249,999

63,205.00 76,710.00

250,000 -- 299,999

69,182.00 83,964.09

300,000 -- 399,999

77,259.00 93,766.90

400,000 -- 499,999

80,259.00 97,407.90

500,000 -- and up

83,259.00 101,048.91

(2) On and after July 1, 1998 2001, whenever the employees in the classified service

of the state merit system receive a cost-of-living increase or general performance

based increase of a certain percentage or a certain amount, the amounts fixed in the

minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-

16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The

Office of Planning and Budget shall calculate the average percentage increase or

average amount increase when necessary. The periodic changes in the amounts fixed

in the minimum salary schedule in paragraph (1) of this subsection, and in Code

Section 15-16-20.1, or the amounts derived through the application of longevity

increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state

employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this

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paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff."

SECTION 13. Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following:
"15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorders court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $236.25 $286.73 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."

SECTION 14. Said title is further amended by adding a new Code section immediately following Code Section 15-16-20.1, to be designated Code Section 15-16-20.2, to read as follows:
"15-16-20.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of sheriff, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 15. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by

WEDNESDAY, FEBRUARY 14, 2001

829

striking subsection (d) of Code Section 21-2-212, relating to county registrars, and inserting in its place a new subsection (d) to read as follows:
"(d) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 $61.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 $48.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 $272.00 per month and the other registrars in an amount not less than $220.00 $242.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds."
SECTION 16. Said title is further amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar, and inserting in its place the following:
"(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $236.25 $259.88 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of States office, where such information shall be maintained on file."
SECTION 17. Said title is further amended by adding a new Code section immediately following Code Section 21-2-213, to be designated 21-2-213.1, to read as follows:
"21-2-213.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for

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the operation of the office of the board of registrars, and payable from county funds, a monthly expense allowance for each registrar of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 18. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by striking Code Section 45-16-11, relating to compensation of county coroners, and inserting in its place the following:
"45-16-11. (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each coroner in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive an annual salary, payable in equal monthly installments from the funds of the coroners county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 11,889

$ 2,400.00

11,890 -- 74,999

4,800.00

75,000 -- 249,999

7,200.00

250,000 -- 499,999

9,600.00

500,000 -- and up

12,000.00

(2) On and after July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 4516-11.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general

WEDNESDAY, FEBRUARY 14, 2001

831

performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 4516-11.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the coroner in such amount as it may fix from time to time; but no coroners compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the coroners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the coroner. (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any coroner after December 31, 2000, effective the first day of January following the completion of each such period of service. (c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a coroners office shall come from funds other than the funds specified as salary in this Code section. (d) This Code section shall not be construed to reduce the salary of any coroner in office on July 1, 2001; provided, however, that successors to such coroners in office on July 1, 2001, shall be governed by the provisions of this Code section. All local legislation in effect on July 1, 2001, or enacted thereafter affecting compensation for coroners of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail.

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45-16-11.1. In addition to the minimum salary provided for in Code Section 45-16-11, in any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $100.00 $110.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority.

45-16-11.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of coroner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 19. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following:
"(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $236.25 $309.93 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."

WEDNESDAY, FEBRUARY 14, 2001

833

SECTION 20. Said article is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in its place the following:
"(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999

$ 20,108.00 26,336.77

6,000 -- 11,889

25,126.00 32,909.17

11,890 -- 19,999

28,326.00 37,100.42

20,000 -- 28,999

30,165.00 39,509.07

29,000 -- 38,999

32,674.00 42,795.28

39,000 -- 49,999

36,437.00 47,723.93

50,000 -- 74,999

42,732.00 55,968.90

75,000 -- 99,999

45,868.00 60,076.32

100,000 -- 149,999

49,003.00 64,182.45

150,000 -- 199,999

52,325.00 68,533.49

200,000 -- 249,999

55,647.00 72,884.53

250,000 -- 299,999

60,013.00 78,602.96

300,000 -- 399,999

64,379.00 84,321.40

400,000 -- 499,999

67,379.00 88,250.70

500,000 and more

70,379.00 92,179.99

(2)(A) On and after July 1, 1998 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts

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through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (B) On and after July 1, 1999, and prior to July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by a percentage or amount applicable to such state employees which shall be four percentage points greater than such percentage or an amount equivalent to such increased percentage point amount. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the increased percentage or increased amount authorized under this paragraph shall be based upon the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. Any periodic increase authorized by

WEDNESDAY, FEBRUARY 14, 2001

835

this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioners compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner."

SECTION 21. Said article is further amended by adding a new Code section immediately following Code Section 48-5-183, to be designated Code Section 48-5-183.1, to read as follows:
"48-5-183.1. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of tax commissioner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 -- 11,889

$ 100.00

11,890 -- 74,999

200.00

75,000 -- 249,999

300.00

250,000 -- 499,999

400.00

500,000 or more

500.00"

SECTION 22. Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, is amended in subparagraph (d)(2)(A) by striking "and" at the end of division (iv) and by inserting two new divisions immediately following division (v), to be designated divisions (vi) and (vii), to read as follows:
"(vi) Code Section 15-10-23; and (vii) Code Section 45-16-11;".

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SECTION 23. All laws and parts 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 2.

WEDNESDAY, FEBRUARY 14, 2001

837

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

Representative Turnquest of the 73rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Sinkfield of the 57th was recorded as "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

HR 266. By Representatives Heckstall of the 55th, Epps of the 131st and Brooks of the 54th:
A RESOLUTION recognizing the Honorable Winnie Mandela and inviting her to appear before the House of Representatives; and for other purposes.

HR 267. By Representatives Stanley of the 50th, Holmes of the 53rd, Stanley of the 49th, Martin of the 47th, Brooks of the 54th and others:
A RESOLUTION recognizing and commending the Honorable William C. "Bill" Campbell, Mayor, City of Atlanta, Georgia, and inviting him to appear before this body; and for other purposes.

HR 268. By Representatives Jackson of the 148th, Day of the 153rd, Childers of the 13th, Randall of the 127th and Jordan of the 96th:
A RESOLUTION commending Georgia's dental hygienists; recognizing Dental Hygienists' Appreciation Day on February 23, 2001; and inviting certain dental hygienists to appear before the House of Representatives; and for other purposes.

HR 269. By Representatives Mills of the 21st, Turnquest of the 73rd, Watson of the 70th and Smyre of the 136th:

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A RESOLUTION commending Angelo Taylor and inviting him to appear before the House of Representatives; and for other purposes.
Representative Walker of the 141st 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 317. By Representatives Shanahan of the 10th and Royal of the 164th:
A BILL to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act", so as to authorize retailing and signage as authorized enterprises and projects for purposes of such Act; to change certain legislative findings; to change certain definitions; to provide for additional authority with respect to facilitating community development; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act", so as to authorize retailing and signage as authorized enterprises and projects for purposes of such Act; to change certain legislative findings; to change certain definitions; to provide for additional authority with respect to facilitating community development; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act", is amended in subsection (a) of Code Section 50-26-2, relating to legislative findings, by striking "and" at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting in its place "; and"; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:

WEDNESDAY, FEBRUARY 14, 2001

839

"(4) There exists an inadequate supply of, and a pressing need for, financing and financial assistance to Georgias cities and towns for preservation, development, and redevelopment activities and efforts which are essential to the well-being of Georgia citizens."
SECTION 2. Said chapter is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 50-26-4, relating to definitions, to be designated paragraph (3.1), to read as follows:
"(3.1) 'Community development' means the construction, reconstruction, or preservation of infrastructure, facilities, landmarks, public services and utilities, business enterprises, and cultural sites that constitute the cities, towns, and communities of Georgia."
SECTION 3. Said chapter is further amended by striking paragraph (5) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, handling, or distributing any agricultural, manufactured, mining, or industrial product or any combination of the foregoing; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; a business engaged in tourism; a business engaged in commercial or retail sales or services; a business engaged in construction; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shopping center, retail store or shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter."
SECTION 4. Said chapter is further amended by striking subparagraph (D) of paragraph (12) of Code Section 50-26-4, relating to definitions, and inserting in its place a new subparagraph (D) to read as follows:
"(D) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing, retailing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, signage, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation,

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roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project;".
SECTION 5. Said chapter is further amended by adding a new Code section at the end thereof, to be designated Code Section 50-26-23 to read as follows:
"50-26-23. Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate community development throughout the state by means that shall include, without limitation, the making of loans, grants, and the granting or administration of such other financial assistance as may be available; the provision of technical assistance, planning, and design services; the collection and analysis of data; and the compilation of recommendations. The authority may initiate and do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such undertakings that enhance community development throughout the state."
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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley

Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 14, 2001

Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

841
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 Stanley of the 50th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Davis of the 60th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 143. By Representatives Pelote of the 149th, Hugley of the 133rd, Unterman of the 84th, Manning of the 32nd, McClinton of the 68th and others:
A RESOLUTION designating April as "Ovarian Cancer Awareness Month"; and for other purposes.

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper
Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 299. By Representatives Royal of the 164th, Jamieson of the 22nd, Buck of the 135th, Skipper of the 137th and Bulloch of the 180th:

WEDNESDAY, FEBRUARY 14, 2001

843

A BILL to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, so as to change the income limitation provisions of such exemption; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, so as to change the income limitation provisions of such exemption; to specify certain terms, conditions, and procedures relating thereto; to provide for applicability; to provide for effective dates; to provide for a special election; 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. Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or over older and who, for the purposes of all tax years beginning on or after January 1, 1988 2003, has a gross whose net income from all sources, including the income of all members of the family residing together with the net income of the spouse who also occupies and resides within the at such homestead, not exceeding $10,000.00 per annum as net income is defined by Georgia law from all sources, except as otherwise provided in this subsection, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. For the purposes of this subsection, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his or her spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as net

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income for the purposes of this subsection. The exemption shall not exceed $10,000.00 of the homesteads assessed value. Except as otherwise specifically provided by law, the value of that property in excess of such exempted amount shall remain subject to taxation."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2002, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which changes the state-wide $10,000.00 homestead exemption from all school district ad valorem taxation for
( ) NO educational purposes for persons 62 years of age or older by changing the $10,000.00 gross household income limitation to a $10,000.00 net income, excluding certain retirement income, of the applicant and spouse thereof?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2003, and shall be applicable to all taxable years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

WEDNESDAY, FEBRUARY 14, 2001

845

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 399. By Representatives Royal of the 164th, Walker of the 141st, Skipper of the 137th, Jamieson of the 22nd and Shanahan of the 10th:

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A BILL to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing compensation for members of county governing authorities and elected chief executive officers; and for other purposes.

The following amendment was read:

Representatives Ragas of the 64th, Watson of the 70th, and James of the 140th move to amend HB 399 as follows:
Delete "The through authorized" on line 19 of page 1 and replace with "The local delegation of each county shall have the authority to allow the governing authority of each county"

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

Allen N Amerson Y Anderson N Ashe Y Bannister N Barnard N Barnes N Bell Y Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers

N Cox N Crawford N Cummings N Davis Y Day N Dean N Deloach, B N Deloach, G N Dix N Dodson Y Drenner Y Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick N Graves N Greene N Hammontree N Hanner Y Harbin Y Harrell Y Heard N Heckstall N Hembree Y Henson Y Hines

N Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson Y Jordan E Joyce N Kaye N Keen
Knox N Lane N Lanier Y Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall Y McClinton

N Mueller N Orrock N Parham N Parrish Y Parsons N Pelote N Pinholster
Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor N Sanders N Scheid N Scott N Seay N Shanahan

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes
Stuckey Y Taylor Y Teague N Teper N Tillman Y Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L Y Watson N West N Westmoreland Y Wiles

N Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

WEDNESDAY, FEBRUARY 14, 2001

N Holland N Holmes N Houston Y Howard N Hudgens N Hudson, N

N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley

Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

847
N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 52, nays 119. The amendment was lost.

The following amendments were read and adopted:

Representative Henson of the 65th moves to amend HB 399 as follows: page 2, Line 3 by adding after the word action the following: "and the fiscal impact of such action"

Representatives Royal of the 164th and Walker of the 141st move to amend HB 399 by adding immediately before the period on line 14 of page 2 the following:
"; and this Code section shall not affect the power of the General Assembly at any time by local or general law to increase or decrease any or all of such compensation".

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:

Allen N Amerson N Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson N Drenner

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L N James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan

Y Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell

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

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Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

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Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick Y Graves Y Greene Y Hammontree Y Hanner N Harbin N Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston N Howard Y Hudgens Y Hudson, N

E Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas N Lunsford N Maddox N Mangham E Mann
Manning Y Martin N Massey Y McBee Y McCall N McClinton
McKinney N Millar N Mills N Mobley Y Morris Y Mosley

N Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal N Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman
Walker, L N Walker, R.L N Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 43.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 352. By Representative Lord of the 121st:
A BILL to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide definitions; to provide for licenses for resident and nonresident insurance agents, subagents, surplus lines brokers, counselors, and adjusters; to provide for inactive licenses and the revocation of such licenses; to provide for the suspension of licenses and the effect of such suspension on rights arising under contract prior to the suspension; to repeal Code Section 33-5-22 of the Official Code of Georgia Annotated,

WEDNESDAY, FEBRUARY 14, 2001

849

relating to the licensing of surplus line brokers generally; to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

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The Speaker assumed the Chair.
HB 242. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Squires of the 78th, Bunn of the 74th and Heckstall of the 55th:
A BILL to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change certain provisions relating to the office of adjutant general; to provide for the rank of the adjutant general and for the pay and allowances for such officer; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change certain provisions relating to the office of adjutant general; to provide for the rank of the adjutant general and for the pay and allowances for such officer; to provide for the applicability of certain provisions of law; to change certain provisions relating to the office of an assistant adjutant general; to provide for the rank of an assistant adjutant general and for the pay and allowances for such officers; 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 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, is amended by striking in its entirety Code Section 38-2-150, relating to the adjutant general, and inserting in lieu thereof a new Code Section 38-2-150 to read as follows:
"38-2-150. There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general and shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she

WEDNESDAY, FEBRUARY 14, 2001

851

holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, or in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances of a major general for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of his the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section 38-2-279, relating to pay for 18 days absence and emergency pay."
SECTION 2. Said part is further amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, and inserting in lieu thereof a new Code Section 38-2-152 to read as follows:
"38-2-152. The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances of a brigadier general for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

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

Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y 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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 10.

WEDNESDAY, FEBRUARY 14, 2001

853

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

HB 409. By Representatives Teper of the 61st, Smyre of the 136th, Buck of the 135th, Walker of the 141st, Ehrhart of the 36th and others:
A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change the legislative purpose to include encouraging the redevelopment of economically and socially depressed nonurban areas within counties and municipalities; to change certain definitions; to expand the meaning of redevelopment; and for other purposes.

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

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

Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y McBee Y McCall

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

854
Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shanahan Y Shaw
Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Sholar of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 279. By Representative Burkhalter of the 41st:
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 require the state and authorities and instrumentalities of the state which engage in certain development activities to make reasonable efforts to save specimen trees threatened by such activities or to replace such trees with other hardwood trees; and for other purposes.

The following Committee substitute was read and withdrawn:

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 require the state and authorities and instrumentalities of the state which engage in certain development activities to make reasonable efforts to save specimen trees threatened by such activities or to replace such trees with other hardwood trees; to provide for determinations, certifications, and enforcement; to provide for landscape plans to retain or replace other trees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

WEDNESDAY, FEBRUARY 14, 2001

855

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, is amended by adding at the end a new Code section to read as follows: "50-16-19.
(a) As used in this Code section, the term: (1) 'Building footprint' means the area occupied and defined by the exterior of the building proper. (2) 'Caliper' means the diameter of a tree trunk measured at 12 inches in height above the soil line. (3) 'Conifer tree' means any tree with needle leaves and a woody cone fruit including, but not limited to, pine, juniper, and cedar species. (4) 'Development activity' means the construction of a structure having a building footprint of at least 1,000 square feet or of a parking lot, other than roadway, street, or bridge construction. (5) 'Diameter breast-height' means the measure of a tree trunk at a height of four and one-half feet above the ground. If the tree trunk splits into multiple trunks below four and one-half feet, the measure of the trunk is at its most narrow point beneath the split. (6) 'Hardwood tree' means any tree that is not a conifer tree. (7) 'Parking lot' means an impervious or semipervious surface dedicated to the temporary or long-term parking of vehicles on site. (8) 'Specimen tree' means a hardwood tree having a trunk diameter breast-height of at least 30 inches. (9) 'State' means this state or any authority or instrumentality thereof.
(b) If the state engages in any development activity on land containing any specimen tree, reasonable efforts shall be made to save each such tree from removal or destruction by measures including, but not limited to, alternate building design, building location, parking lot layout, parking lot location, and water retention location. If, despite such reasonable efforts, any specimen tree cannot be saved, prior to its removal the state shall obtain from the State Forestry Commission a written determination of the number of specimen trees on the development activity site which cannot be saved; provided, however, that if the State Forestry Commission fails to provide its determination within 30 days after written request then removal may proceed without such determination. Before the building or parking lot may be occupied for its intended purpose, the state must replace each specimen tree which cannot be saved with at least 15 hardwood trees on land adjoining the development activity site, each of which tree has a minimum four-inch caliper and have such replacement certified in writing by the State Forestry Commission; provided, however, that if the State Forestry Commission fails to provide a written certification or written denial of certification within 30 days after written request then occupancy may proceed without such certification. (c) A resident of any county in which the state engages in development activity in violation of subsection (b) of this Code section may bring an action to enjoin any such

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violation in the superior court of Fulton County or of the county in which the alleged violation occurs. (d) Any project for development activity by the state on or after December 31, 2001, shall be designed in such a manner so as to minimize the loss or destruction of trees on the site of such construction and shall include a landscape plan providing, to the greatest extent practicable, for the retention of trees located on the site, for the replacement of trees lost with trees indigenous to the region, and for the planting of new indigenous trees. This subsection is intended to provide protection for those trees which are not specimen trees protected under subsection (b) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Burkhalter of the 41st, was read:

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 require the state and authorities and instrumentalities of the state which engage in certain development activities to make reasonable efforts to save specimen trees threatened by such activities or to replace such trees with other hardwood trees; to provide for determinations; to provide for landscape plans to retain or replace other trees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, is amended by adding at the end a new Code section to read as follows:
"50-16-19. (a) As used in this Code section, the term:
(1) 'Building footprint' means the area occupied and defined by the exterior of the building proper. (2) 'Caliper' means the diameter of a tree trunk measured at 12 inches in height above the soil line. (3) 'Conifer tree' means any tree with needle leaves and a woody cone fruit including, but not limited to, pine, juniper, and cedar species.

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(4) 'Development activity' means the construction of a structure having a building footprint of at least 1,000 square feet or of a parking lot, other than roadway, street, or bridge construction. (5) 'Diameter breast-height' means the measure of a tree trunk at a height of four and one-half feet above the ground. If the tree trunk splits into multiple trunks below four and one-half feet, the measure of the trunk is at its most narrow point beneath the split. (6) 'Hardwood tree' means any tree that is not a conifer tree. (7) 'Parking lot' means an impervious or semipervious surface dedicated to the temporary or long-term parking of vehicles on site. (8) 'Specimen tree' means a hardwood tree having a trunk diameter breast-height of at least 40 inches. (9) 'State' means this state or any authority or instrumentality thereof. (b) Any project for development activity by the state on or after December 31, 2001, shall be designed in such a manner so as to minimize the loss or destruction of trees on the site of such construction and shall include a landscape plan providing, to the greatest extent practicable, for the retention of trees located on the site, for the replacement of trees lost with trees indigenous to the region, and for the planting of new indigenous trees. This subsection is intended to provide protection for those trees which are not specimen trees protected under subsection (c) of this Code section. (c) If the state engages in any development activity on land containing any specimen tree, reasonable efforts shall be made to save each such tree from removal or destruction by measures including, but not limited to, alternate building design, building location, parking lot layout, parking lot location, and water retention location. If, despite such reasonable efforts, any specimen tree cannot be saved, prior to its removal the state shall obtain from the State Forestry Commission a written determination of the number of specimen trees on the development activity site which cannot be saved; provided, however, that if the State Forestry Commission fails to provide its determination within 30 days after written request then removal may proceed without such determination. Before the building or parking lot may be occupied for its intended purpose, the state shall replace each specimen tree which cannot be saved with at least ten hardwood trees on land adjoining the development activity site, each of which tree has a minimum four-inch caliper."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Everett of the 163rd moves to amend the Floor substitute to HB 279 as follows:

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Page 2 Line 24, if there is not enough land to support 10 trees, the State Forestry Commission will determine the amount of trees to plant that the site will support.

The following amendment was read:

Representative Rogers of the 20th moves to amend the Floor substitute to HB 279 as follows:
Page 2, Line 5, delete Line 5 and insert
(9) "State" means State of Ga.

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

Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges N Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley
Stanley-Turner Stephens N Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 14, 2001

N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

859
N Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 151, nays 15. The amendment 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar E Sims Y Sinkfield

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix

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Y Connell Y Cooper

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Y Hudgens Y Hudson, N

Y Morris Y Mosley

Y Skipper Y Smith, B

Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 248. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as equipment and safety restraints for children under four years of age in certain vehicles, so as to change certain provisions relating to seat belt or safety restraint use for children; and for other purposes.

The following amendment was read:

Representative Westmoreland of the 104th moves to amend HB 248 as follows: On Page 1, Line 22, after the word "when" insert the following: "The child's parent or guardian reasonably determines"

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

Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon N Bordeaux N Borders Y Bridges

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner Y Dukes Y Ehrhart N Epps N Everett

Y Hudson, S N Hugley Y Irvin Y Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins Y Jennings N Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox

Y Mueller N Orrock N Parham Y Parrish N Parsons Y Pelote Y Pinholster
Poag N Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece

Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens

N Brooks Y Broome Y Brown Y Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 14, 2001

Y Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree
Hanner Y Harbin N Harrell N Heard Y Heckstall N Hembree N Henson Y Hines N Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning Y Martin Y Massey N McBee Y McCall N McClinton
McKinney N Millar Y Mills N Mobley N Morris Y Mosley

N Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid N Scott N Seay Y Shanahan N Shaw Y Sholar E Sims N Sinkfield Y Skipper Y Smith, B

861
N Stokes N Stuckey Y Taylor N Teague N Teper Y Tillman N Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 119, nays 50. The amendment was adopted.

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.

Representative Bohannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendment was read and withdrawn:

Representative Reichert of the 126th moves to amend HB 248 as follows:
By inserting on line 2 page 2
Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as equipment and safety restraints for children under four years of age is amended by adding a new subsection (e) to read as follows:

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(e) A violation of this Code Section shall not be a moving traffic violation for purposes of Code Section 40-5-57.
Section 3

Representative Orrock of the 56th moved that the House reconsider its action in adopting the Westmoreland amendment.

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

N Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown N Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash N Channell Y Childers N Coan N Coleman, B
Coleman, T N Collins N Connell N Cooper

N Cox N Crawford Y Cummings N Davis N Day
Dean N Deloach, B N Deloach, G N Dix N Dodson Y Drenner N Dukes N Ehrhart Y Epps N Everett N Floyd N Forster N Franklin N Golick N Graves N Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard N Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston N Howard N Hudgens N Hudson, N

N Hudson, S Y Hugley N Irvin N Jackson, B N Jackson, L
James Y Jamieson N Jenkins N Jennings N Johnson N Jordan E Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord
Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning N Martin N Massey Y McBee N McCall Y McClinton N McKinney Y Millar N Mills Y Mobley Y Morris N Mosley

N Mueller Y Orrock Y Parham N Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter N Powell N Purcell N Ragas N Randall N Ray N Reece Y Reed N Reese N Reichert
Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal N Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan N Shaw N Sholar E Sims Y Sinkfield N Skipper N Smith, B

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow Y Squires Y Stallings N Stancil N Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper N Tillman Y Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the motion, the ayes were 47, nays 123.

WEDNESDAY, FEBRUARY 14, 2001

863

The motion was lost.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 139 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
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 297 Do Pass, by Substitute HB 538 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
Chairman
Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:

WEDNESDAY, FEBRUARY 14, 2001

865

Your Committee on State Institutions and 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 411 Do Pass, as Amended

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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Representative Hall, Atlanta, Georgia Thursday, February 15, 2001

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:

Amerson Ashe Barnes Bell Birdsong Boggs Bohannon Borders Bridges Brooks Broome Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Childers Coleman, B Collins Connell Cox Crawford

Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Ehrhart Everett Floyd Forster Franklin Graves Greene Hammontree Harbin Heard Hembree Hines Holland Houston Howard Hudgens Hudson, N Jackson, B

Jackson, L James Jennings Johnson Jordan Joyce Kaye Keen Knox Lanier Lewis Lord Mangham E Mann Manning Martin Massey McBee McCall McClinton Millar Mills Morris Mosley Mueller

Orrock Parrish Pelote Pinholster Powell Purcell Randall Ray Reece Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Scheid Scott Seay Shanahan Shaw Sholar Sims Skipper

Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil Stephens Stokes Teper Tillman Turnquest Twiggs Unterman Walker, L Watson Westmoreland Wiles Wilkinson Willard Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Bannister of the 77th, Barnard of the 154th, Bordeaux of the 151st, Brown of the 130th, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Cooper of the 31st, Dix of the 76th, Dukes of the 161st, Golick of the 30th, Hanner of the 159th, Harrell of the 62nd, Heckstall of the 55th, Henson of the 65th, Holmes of the 53rd, Hudson of the 120th, Hugley of the 133rd, Irvin of the 45th, Jamieson of the 22nd, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, McKinney of the 51st,

THURSDAY, FEBRUARY 15, 2001

867

Mobley of the 69th, Parham of the 122nd, Parsons of the 40th, Poag of the 6th, Porter of the 143rd, Ragas of the 64th, Reed of the 52nd, Sailor of the 71st, Sanders of the 107th, Sinkfield of the 57th, Smith of the 91st, Squires of the 78th, Stanley of the 50th, Taylor of the 134th, Walker of the 87th, Williams of the 83rd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Bill Strickland, Pastor, Perry United Methodist Church, Perry, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 621. By Representatives Harbin of the 113th, Maddox of the 72nd, Watson of the 70th and Golick of the 30th:
A BILL to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of emergency medical provider; to include the service of such providers within the definition of emergency services; and for other purposes.

Referred to the Committee on Insurance.

HB 622. By Representatives Harbin of the 113th, Maddox of the 72nd, Watson of the 70th and Golick of the 30th:
A BILL to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of emergency health care provider; and for other purposes.

Referred to the Committee on Insurance.

HB 623. By Representatives Millar of the 59th, Jennings of the 63rd, Turnquest of the 73rd, Mobley of the 69th, Watson of the 70th and others:
A BILL to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; and for other purposes.

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

HB 624. By Representatives Lewis of the 14th, Smith of the 91st, Burkhalter of the 41st, Cash of the 108th, Stephens of the 150th and others:

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A BILL to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to change certain provisions with respect to the taxable net income brackets applicable to certain tax payers; and for other purposes.

Referred to the Committee on Ways & Means.

HB 625. By Representatives Heard of the 89th, McBee of the 88th and Hudgens of the 24th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

Referred to the Committee on Retirement.

HB 626. By Representatives Unterman of the 84th and Walker of the 87th:
A BILL to provide for a homestead exemption from certain Walton 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; and for other purposes.

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

HB 627. By Representative Bannister of the 77th:
A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to an election as to coverage, required coverage under the Georgia Legislative Retirement System, state contributions, and the preservation of rights and privileges, so as to change the date for an election of membership; and for other purposes.

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Referred to the Committee on Retirement.
HB 628. By Representatives Squires of the 78th, Powell of the 23rd, Cummings of the 27th and Jackson of the 112th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting legal authority, so as to provide an exception for the disclosure of certain data from individual Georgia Uniform Motor Vehicle Accident Reports; and for other purposes.
Referred to the Committee on Judiciary.
HB 629. By Representatives Mueller of the 152nd, Wilkinson of the 43rd and Irvin of the 45th:
A BILL to amend Code Section 33-24-44.1 of the Official Code of Georgia Annotated, relating to procedure for cancellation of insurance policies upon request of the insured, so as to provide that it shall be unlawful for the holder of a security interest in real property to request the cancellation of any insurance covering the real property without the written consent of the owner of the property; and for other purposes.
Referred to the Committee on Insurance.
HB 630. By Representative Mueller of the 152nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish a procedure whereby a protective order may be obtained on behalf of an incapacitated adult to protect the incapacitated adult against contact by another person which causes emotional distress to the incapacitated adult; and for other purposes.
Referred to the Committee on Judiciary.

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HB 631. By Representatives Reed of the 52nd and Campbell of the 42nd:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of photographs of dead bodies of homicide victims absent a release from the deceased's heirs; and for other purposes.
Referred to the Committee on Judiciary.
HB 632. By Representatives Walker of the 141st, Pinholster of the 15th, Childers of the 13th and Stephens of the 150th:
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 comprehensive regulation of physicians who provide certain services in office based surgical settings; to provide for the accreditation of such physicians' office based surgical settings; and for other purposes.
2/15/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 632. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Walker District 141
Referred to the Committee on Health & Ecology.
HB 633. By Representative Stephens of the 150th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The

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Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character education; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 634. By Representatives Martin of the 47th, Stuckey of the 67th, Willard of the 44th, Harrell of the 62nd, Callaway of the 81st and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to change the definition of aggravated assault; to create the new offense of aggravated sexual assault and provide penalties; and for other purposes.

Referred to the Committee on Judiciary.

HB 635. By Representative Mueller of the 152nd:
A BILL to amend Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to guardians in general, so as to provide that in selecting a guardian of the property the person appointed or to be appointed as guardian of the person shall be preferred unless such person is manifestly unfit to serve as guardian of the property; and for other purposes.

Referred to the Committee on Judiciary.

HB 636. By Representatives Smith of the 169th, Tillman of the 173rd and Keen of the 174th:
A BILL to amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, so as to provide that it shall be unlawful to trawl with a foot-rope length greater than 220 feet; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

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873

HB 637.

By Representatives Burkhalter of the 41st, Williams of the 83rd, Westmoreland of the 104th, Smith of the 91st, Bannister of the 77th 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 change the provisions relating to payment of special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission; to change provisions of the "Natural Gas Competition and Deregulation Act"; and for other purposes.

Referred to the Committee on Industry.

HB 638. By Representative Holmes of the 53rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corporation; to provide for the governance of such corporation by a board of governors; to provide for the appointment and terms of members of the board of governors; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 639. By Representatives Martin of the 47th and Willard of the 44th:
A BILL to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution; to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to year's support; to amend Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills; to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally; to amend Chapter 11 of Title

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53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998; and for other purposes.

Referred to the Committee on Judiciary.

HB 640. By Representative Hembree of the 98th:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 641. By Representatives Powell of the 23rd, Wix of the 33rd and Hudgens of the 24th:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to application for certificate of registration to practice cosmetology; to change the provisions relating to qualifications for registration of cosmetologists, estheticians, and nail technicians; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 642. By Representatives Stuckey of the 67th, Squires of the 78th, Allen of the 117th, Dix of the 76th, Ragas of the 64th and others:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the comprehensive regulation of discovery and inspection in juvenile cases; to provide a short title; to provide for conditions, limitations, and procedures with respect thereto; and for other purposes.

Referred to the Committee on Judiciary.

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HR 270. By Representative Scott of the 165th: A RESOLUTION designating the Hugh J. Thomas Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 271. By Representatives Stancil of the 16th, Pinholster of the 15th, Scheid of the 17th and Twiggs of the 8th: A RESOLUTION designating the Judge C. Michael Roach Interchange; and for other purposes.
Referred to the Committee on Transportation.
HR 272. By Representatives Smith of the 91st, Bridges of the 9th, Hudson of the 120th, Hudgens of the 24th, Jamieson of the 22nd and others: A RESOLUTION designating the Heritage Trail as a part of the Blue Star Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 273. By Representatives Unterman of the 84th and Orrock of the 56th: A RESOLUTION creating the House Study Committee on Tick-Borne Illnesses in Georgia; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

876
HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619 HB 620 SB 97 SB 108

JOURNAL OF THE HOUSE
SB 126 SB 140 SB 141 SB 142 SB 143 SB 144 SR 41 SR 70 SR 80

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

Mr. Speaker:

Your Committee on Health and 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 356 HB 383 HB 510

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging 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 498 Do Pass HR 218 Do Pass

THURSDAY, FEBRUARY 15, 2001

877

Respectfully submitted, /s/ Byrd of the 170th
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 191 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 375 Do Pass, as Amended
Respectfully submitted, /s/ Hanner of the 159th
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 262 Do Pass HR 268 Do Pass

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

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

Mr. Speaker:

Your Committee on State Planning and 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 551 Do Pass HB 556 Do Pass HB 561 Do Pass

HB 562 Do Pass HB 576 Do Pass SB 122 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 15, 2001

Mr. Speaker and Members of the House:

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879

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 181

Blue Star Memorial Highway; designate

DEBATE CALENDAR

HB 208
HB 241 HB 345 HB 364 HB 441 HB 442

Crimes and offenses; possession of certain firearms and body armor; penalties Georgia Volunteers in Dentistry Act; enact Trucks on multilane highways; designated usage lanes Ad valorem tax; heavy-duty equipment motor vehicles; rentals Pension obligation bonds; provisions Pecans; dealer purchases; require certain identification from seller

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 551. By Representatives Hembree of the 98th and Snelling of the 99th:
A BILL to provide a homestead exemption from Douglas County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are 62 years of age; and for other purposes.

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

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HB 556. By Representative Yates of the 106th:
A BILL to amend an Act incorporating the Town of Turin, so as to change the provisions relating to the powers and duties of the mayor and aldermen; to create a municipal court and provide for the judges thereof and their qualifications, terms, oaths, removal, compensation, powers, and duties; to authorize a contract for the Magistrate Court of Coweta County to serve as the municipal court as authorized by the laws of this state; and for other purposes.

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

HB 561. By Representatives Smith of the 175th and Smith of the 169th:
A BILL to provide a homestead exemption from Charlton 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 are 62 years of age or over; and for other purposes.

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

HB 562. By Representative Birdsong of the 123rd:
A BILL to abolish the present mode of compensating the coroner of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; and for other purposes.

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

HB 576. By Representative Lanier of the 145th: A BILL to amend an Act creating a Board of Commissioners of Candler

THURSDAY, FEBRUARY 15, 2001

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County, so as to change the provisions regarding the residency requirement of the county administrator; to change the provisions regarding the appointment of an acting administrator; and for other purposes.

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

SB 122. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Dix Y Dodson Y Drenner Dukes Y Ehrhart

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires
Stallings Y Stancil
Stanley

882
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Epps Y Everett Y Floyd Y Forster Y Franklin
Golick Y Graves Y Greene
Hammontree Y Hanner
Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 156, 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 bill of the Senate:
SB 82. By Senators Thomas of the 10th, Cable of the 27th, Gillis of the 20th, Starr of the 44th, Jackson of the 50th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform

THURSDAY, FEBRUARY 15, 2001

883

surgical first assistant services; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 58. By Senators Paul of the 40th, Price of the 56th, Beatty of the 47th, Cable of the 27th, Mullis of the 53rd and others:
A resolution designating the Dorothy Felton Interchange; and for other purposes.
SR 168. By Senators Hecht of the 34th, Meyer von Bremen of the 12th, Polak of the 42nd, Scott of the 36th, Starr of the 44th and others:
A resolution recognizing February 14, 2001, as GAE-ESP Day; and for other purposes.

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

SB 82.

By Senators Thomas of the 10th, Cable of the 27th, Gillis of the 20th, Starr of the 44th, Jackson of the 50th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assistant services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SR 58.

By Senators Paul of the 40th, Price of the 56th, Beatty of the 47th, Cable of the 27th, Mullis of the 53rd and others:
A resolution designating the Dorothy Felton Interchange; and for other purposes.

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Referred to the Committee on Transportation.
SR 168. By Senators Hecht of the 34th, Meyer von Bremen of the 12th, Polak of the 42nd, Scott of the 36th, Starr of the 44th and others: A resolution recognizing February 14, 2001, as GAE-ESP Day; and for other purposes.
Referred to the Committee on Education.
Representative Irvin of the 45th arose to a point of personal privilege and addressed the House.
Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.
The Speaker Pro Tem 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 345. By Representatives Twiggs of the 8th, Channell of the 111th, Morris of the 155th, Wix of the 33rd and Smith of the 12th: A BILL to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; and for other purposes.
The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 15, 2001

885

A BILL
To amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, is amended by striking Code Section 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereof the following:
"40-6-52. (a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels. (b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other than the two most right-hand lanes, except when the truck is preparing for a left turn or as otherwise provided by subsection (d) of this Code section. (c) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in the left-hand lane, except when the truck is actually overtaking and passing another vehicle, or preparing for a left turn, or as otherwise provided by subsection (d) of this Code section. (d) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow trucks. Where truck usage has been so designated and indicated as such by signs erected by the Department of Transportation, it shall be unlawful for any truck to operate in any lanes other than as designated."
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:

Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Hudson, S Y Hugley Y Irvin

Y Mueller Y Orrock Y Parham

Y Smith, C Y Smith, C.W Y Smith, L

886
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Ehrhart Y Epps Y Everett Y Floyd N Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills
Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Y Skipper Y Smith, B

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

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ray of the 128th 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 364. By Representatives Jamieson of the 22nd and Wix of the 33rd:
A BILL to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to provide for circumstances under which

THURSDAY, FEBRUARY 15, 2001

887

such vehicles shall not be deemed to have been removed from the inventory of a dealer and thus shall remain exempt from ad valorem taxation; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Y Martin E Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

Representative Everett of the 163rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 441. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th and McBee of the 88th:
A BILL to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds; to define certain terms; to provide that no political subdivision shall issue any pension obligation bond without a certain certification of the state auditor; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y McBee

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West

Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

THURSDAY, FEBRUARY 15, 2001

Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y McCall McClinton
Y McKinney Millar
Y Mills Y Mobley Y Morris Y Mosley

Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

889
Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 262. By Representatives Randall of the 127th, Hugley of the 133rd, Smyre of the 136th and Jackson of the 148th:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 19, 2001, and inviting the National President, Norma Solomon White, to appear before the House of Representatives; and for other purposes.

HR 268. By Representatives Jackson of the 148th, Day of the 153rd, Childers of the 13th, Randall of the 127th and Jordan of the 96th:
A RESOLUTION commending Georgia's dental hygienists; recognizing Dental Hygienists' Appreciation Day on February 23, 2001; and inviting certain dental hygienists to appear before the House of Representatives; and for other purposes.

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 208. By Representatives Bannister of the 77th, Dix of the 76th, Parsons of the 40th, Davis of the 60th and Coleman of the 142nd:

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A BILL to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties, so as to prohibit the use or possession of certain body armor during the commission or attempted commission of certain offenses and provide enhanced criminal penalties therefor; to change provisions relating to use or possession of certain firearms during the commission or attempted commission of certain offenses and enhanced criminal penalties therefor; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state, by a court of the United States including its territories, possessions, and dominions, or by a court of any foreign nation and who receives, possesses, or transports any bulletproof vest commits a felony; to provide that any person who is prohibited from possessing a bulletproof vest because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Act and who attempts to purchase or obtain transfer of a bulletproof vest shall be guilty of a felony; to define a certain term; to provide penalties; to provide exceptions; to provide that it shall be unlawful for any person to possess or to use any body armor or other protective covering for the body or any part thereof which is designed to prevent, deflect, or defer penetration by ammunition, knives, or other weapons during the commission or the attempted commission of certain offenses; to provide penalties; to provide that punishment prescribed for certain violations of this Act shall not be probated or suspended; to provide that certain crimes committed in violation of this Act shall be considered a separate offense; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, and inserting in lieu thereof a new Code Section 16-11-131 to read as follows:

THURSDAY, FEBRUARY 15, 2001

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"16-11-131. (a) As used in this Code section, the term:
(.5) 'Bulletproof vest' means and includes any body armor or other protective covering for the body or any part thereof which is designed to prevent, deflect, or defer penetration by ammunition, knives, or other weapons. (1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. (2) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm or bulletproof vest commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm or bulletproof vest, such person shall be imprisoned for a period of five years. (b.1) Any person who is prohibited by this Code section from possessing a firearm or bulletproof vest because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm or bulletproof vest shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. (c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm or bulletproof vest. (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms or bulletproof vest by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicants record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms or bulletproof vest by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from

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the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicants record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms or bulletproof vest by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. (e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection. (f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-11-160, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, and inserting in lieu thereof a new Code Section 1611-160 to read as follows:
"16-11-160. (a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawedoff rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses: (1)(A) Aggravated assault as defined in Code Section 16-5-21; (2)(B) Aggravated battery as defined in Code Section 16-5-24; (3)(C) Robbery as defined in Code Section 16-8-40; (4)(D) Armed robbery as defined in Code Section 16-8-41; (5)(E) Murder or felony murder as defined in Code Section 16-5-1; (6)(F) Voluntary manslaughter as defined in Code Section 16-5-2; (7)(G) Involuntary manslaughter as defined in Code Section 16-5-3;

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(8)(H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (9)(I) Terroristic threats or acts as defined in Code Section 16-11-37; (10)(J) Arson as defined in Code Sections 16-7-60, 16-7-61, and 16-7-62; (11)(K) Influencing witnesses as defined in Code Section 16-10-93; and (12)(L) Participation in criminal gang activity as defined in Code Section 16-15-4. (2) It shall be unlawful for any person to possess or to use any body armor or other protective covering for the body or any part thereof which is designed to prevent, deflect, or defer penetration by ammunition, knives, or other weapons during the commission or the attempted commission of any of the following offenses: (A) Aggravated assault as defined in Code Section 16-5-21; (B) Aggravated battery as defined in Code Section 16-5-24; (C) Robbery as defined in Code Section 16-8-40; (D) Armed robbery as defined in Code Section 16-8-41; (E) Murder or felony murder as defined in Code Section 16-5-1; and (F) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act.' (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of not less than one nor more than ten years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7. (e) Any crime committed in violation of this Code section shall be considered a separate offense."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representatives Callaway of the 81st, Joyce of the 1st, Ehrhart of the 36th, and Franklin of the 39th move to amend the Committee substitute to HB 208 as follows:

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1. By striking on page 1, line 20 through page 3, line 31 2. By striking on page 3, line 27 the number "2" and insert the number "1"

Representative Joyce of the 1st moves to amend the Committee substitute to HB 208 as follows:
Page 2 line 14, remove "or bulletproof vest"

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 Allen Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Bell Y Birdsong Y Black Y Boggs Y Bohannon N Bordeaux Y Borders Y Bridges N Brooks N Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell N Cash N Channell Y Childers N Coan

Y Cox N Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett N Floyd N Forster N Franklin N Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall Y Hembree N Henson N Hines Y Holland

N Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane N Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray N Reece Y Reed Y Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens
Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson Y West N Westmoreland Y Wiles Y Wilkinson

Y Coleman, B N Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 15, 2001

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills N Mobley Y Morris N Mosley

Y Sholar N Sims
Sinkfield Y Skipper Y Smith, B

895
Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Amerson of the 7th, Bunn of the 74th, Burkhalter of the 41st, Burmeister of the 114th, Byrd of the 170th, Callaway of the 81st, Davis of the 60th, Day of the 153rd, Jenkins of the 110th, Jennings of the 63rd, Kaye of the 37th, Manning of the 32nd, Massey of the 86th, Millar of the 59th, Mueller of the 152nd, Roberts of the 132nd, Smith of the 102nd, Smith of the 103rd, Snelling of the 99th, Wilkinson of the 43rd, and Willard of the 44th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

HB 241. By Representatives Jackson of the 148th, Childers of the 13th, Henson of the 65th, Randall of the 127th and McKinney of the 51st:
A BILL to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to provide for special licensing of certain retired and other dentists; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 241 as follows:
1. On page 2, line 8, delete the word "shall" and substitute the word "may", so that the line will read:
"dentists in this state, the dentist may be issued a nonrenewable temporary license to"

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 181. By Representative McCall of the 90th: A RESOLUTION designating that portion of State Route 47 within the

THURSDAY, FEBRUARY 15, 2001

897

corporate limits of Lincolnton as a Blue Star Memorial Highway; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee
McCall 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice E Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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Representative Westmoreland of the 104th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 208.
The following Resolutions of the House were read and adopted:
HR 282. By Representatives Buckner of the 95th, Dodson of the 94th, Barnes of the 97th, Seay of the 93rd and Jordan of the 96th: A RESOLUTION recognizing and commending Joseph Frank Thames; and for other purposes.
HR 283. By Representative Roberts of the 162nd: A RESOLUTION honoring Mr. Joe Brown, Sr., and expressing regret at his passing; and for other purposes.
HR 284. By Representative Snow of the 2nd: A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.
HR 285. By Representative Snow of the 2nd: A RESOLUTION recognizing February 20, 2001, as "Kroger Day" and commending Kroger Food Stores; and for other purposes.
HR 286. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd: A RESOLUTION commending Vincent Edwards; and for other purposes.

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899

HR 287. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION commending Ray Gaster; and for other purposes.

HR 288. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Hamilton-Turner Inn; and for other purposes.

HR 289. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating AquaSouth Construction, Inc.; and for other purposes.

HR 290. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Amy Spurlock of Primary Art Supply; and for other purposes.

HR 291. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Speedi Sign of South Georgia; and for other purposes.

HR 292. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating The Bicycle Link; and for other purposes.

HR 293. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:

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A RESOLUTION congratulating Dr. J. Annette Parker-Herriott; and for other purposes.

HR 294. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating First National Bank & Trust Company of Louisville (Statesboro Division); and for other purposes.

HR 295. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Bill Harlow; and for other purposes.

HR 296. By Representatives Parsons of the 40th, Wix of the 33rd, Johnson of the 35th, Ehrhart of the 36th, Cooper of the 31st and others:
A RESOLUTION commending Jana Louise Mathena, Miss Cobb County 2001; and for other purposes.

HR 297. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Elmore & Associates; and for other purposes.

HR 298. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Advertising Specialty Services; and for other purposes.

HR 299. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A RESOLUTION congratulating Charles and Sue Strickland; and for other purposes.

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901

HR 300. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd: A RESOLUTION congratulating Henry H. Logan; and for other purposes.
HR 301. By Representative Roberts of the 162nd: A RESOLUTION in Memory of Deacon Zebedee (Zeb) Poke; and for other purposes.
HR 302. By Representatives Buckner of the 95th, Dodson of the 94th, Barnes of the 97th, Seay of the 93rd and Jordan of the 96th: A RESOLUTION commending the Clayton County Fire Department; and for other purposes.
HR 303. By Representatives Ray of the 128th and James of the 140th: A RESOLUTION commending the Georgia Peach Festival; and for other purposes.
HR 304. By Representatives Randall of the 127th, Hugley of the 133rd, Smyre of the 136th and Jackson of the 148th: A RESOLUTION commending Norma Solomon White; and for other purposes.
HR 305. By Representative Roberts of the 162nd: A RESOLUTION in memory of Deacon Charlie Rufus Richey, Jr.; and for other purposes.
HR 306. By Representatives Teague of the 58th, Brooks of the 54th, Childers of the 13th, Heckstall of the 55th and Seay of the 93rd:

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A RESOLUTION commending Earl C. Robinson and recognizing March 1, 2001, as Earl C. Robinson Day in Georgia; and for other purposes.

HR 307. By Representatives Scott of the 165th, Holland of the 157th and Hudson of the 156th:
A RESOLUTION to recognize and commend Prestolite Wire Corporation, Tifton, Georgia; and for other purposes.

HR 308. By Representatives Lane of the 146th, Coleman of the 142nd, DeLoach of the 172nd, Stephens of the 150th, Barnard of the 154th and others:
A RESOLUTION celebrating the life of Ms. Emma Kelly and expressing regret at her passing; and for other purposes.

HR 309. By Representatives Brooks of the 54th, McKinney of the 51st, Seay of the 93rd, Jordan of the 96th, Mangham of the 75th and others:
A RESOLUTION honoring the life of Mr. Alfonso Dawson and expressing regret at his passing; and for other purposes.

HR 310. By Representative Broome of the 160th:
A RESOLUTION expressing condolences on the passing of Thomas Hubert Dollar; and for other purposes.

HR 311. By Representatives Westmoreland of the 104th and Cox of the 105th:
A RESOLUTION expressing regrets at the passing of Robert James Disharoon; and for other purposes.

HR 312. By Representatives Brooks of the 54th, McKinney of the 51st, Seay of the 93rd, Jordan of the 96th, Mangham of the 75th and others:
A RESOLUTION honoring Gwendolyn Brooks and expressing regret at her passing; and for other purposes.

THURSDAY, FEBRUARY 15, 2001

903

HR 313. By Representatives Brooks of the 54th, McKinney of the 51st, Seay of the 93rd, Jordan of the 96th, Mangham of the 75th and others: A RESOLUTION honoring and remembering the Reverend Joseph Jones, Sr.; and for other purposes.
HR 314. By Representative Sholar of the 179th: A RESOLUTION recognizing and commending Bill Stanfill; and for other purposes.
HR 315. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Smith of the 102nd and others: A RESOLUTION expressing regret at the passing of Lyda Haywood Hannan; and for other purposes.
HR 316. By Representative Murphy of the 18th: A RESOLUTION recognizing the Georgia Association, Family Career and Community Leaders of America and "FCCLA Week in Georgia"; and for other purposes.
HR 317. By Representative Twiggs of the 8th: A RESOLUTION commending Union General Hospital and the administrator, board, and staff thereof; and for other purposes.
HR 318. By Representatives Twiggs of the 8th, Murphy of the 18th, Royal of the 164th, Walker of the 141st, Pinholster of the 15th and others: A RESOLUTION recognizing and commending Honorable Jimmy W. Benefield; and for other purposes.

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HR 319. By Representative Ashe of the 46th:
A RESOLUTION expressing regrets at the passing of Kenneth R. Disque; and for other purposes.

HR 320. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A RESOLUTION recognizing and commending Sue D. Broome; and for other purposes.

HR 321. By Representatives Parham of the 122nd, Hudson of the 120th, Birdsong of the 123rd, Porter of the 143rd, Coleman of the 142nd and others:
A RESOLUTION commending Dr. Rosemary DePaolo; and for other purposes.

HR 322. By Representatives Brooks of the 54th, McKinney of the 51st, Mobley of the 69th, Maddox of the 72nd, Seay of the 93rd and others:
A RESOLUTION honoring the life of the Reverend Hosea L. Williams; and for other purposes.

HR 323. By Representatives Brooks of the 54th, McKinney of the 51st, Mobley of the 69th, Maddox of the 72nd, Seay of the 93rd and others:
A RESOLUTION honoring the life of Mrs. Juanita Williams; and for other purposes.

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

HR 281. By Representatives Epps of the 131st, McBee of the 88th, Coleman of the 142nd, Ashe of the 46th and Heard of the 89th:

THURSDAY, FEBRUARY 15, 2001

905

A RESOLUTION recognizing the Georgia Humanities Council and Dr. Jamil Zainaldin and inviting them to appear before the House of Representatives; and for other purposes.

By unanimous consent, HB 442 was postponed until Friday, February 16, 2001.

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 388 Do Pass HB 417 Do Pass, by Substitute

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 79 Do Pass, by Substitute HB 455 Do Pass, by Substitute HB 491 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

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Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 24 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
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 189 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
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 16, 2001

907

Representative Hall, Atlanta, Georgia Friday, February 16, 2001

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:

Amerson Ashe Bannister Barnard Bell Birdsong Black Boggs Bohannon Borders Bridges Brooks Broome Brown Buck E Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Childers Coan Coleman, B

Connell Cooper Cox Cummings Davis Deloach, G Dodson Drenner Ehrhart Epps Everett Forster Franklin Graves Hammontree Hanner Harbin Harrell Heckstall Hembree Hines Holland Holmes E Houston Hudgens Hudson, N Hugley

Jackson, B Jackson, L James Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Mangham E Mann Manning Martin Massey McBee Millar Mills Mobley Morris Mosley Mueller

Orrock Parsons Pelote Pinholster Poag Purcell Randall Ray Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Seay Shanahan Sholar Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, P Smith, T Smith, V Snelling E Squires Stallings E Stancil Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Turnquest Twiggs Unterman E Walker, L Walker, R.L West Westmoreland Wiles Wilkinson Willard Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Barnes of the 97th, Bordeaux of the 151st, Channell of the 111th, Collins of the 29th, Crawford of the 129th, Day of the 153rd, DeLoach of the 172nd, Dix of the 76th, Dukes of the 161st, Floyd of the 138th, Golick of the 30th, Henson of the 65th, Hudson of the 120th, Irvin of the 45th, Jamieson of the 22nd, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, McClinton of the 68th, Parham of the 122nd, Parrish of the 144th, Porter of the 143rd,

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Powell of the 23rd, Ragas of the 64th, Reece of the 11th, Reed of the 52nd, Scott of the 165th, Sims of the 167th, Sinkfield of the 57th, Smyre of the 136th, Snow of the 2nd, Stanley of the 49th, Teague of the 58th, and Watson of the 70th.
They wish to be recorded as present.

Prayer was offered by Dr. Malone Dodson, Pastor, Roswell United Methodist Church, Roswell, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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 17. By Representatives Snelling of the 99th, Westmoreland of the 104th, Walker of the 87th and Campbell of the 42nd:

FRIDAY, FEBRUARY 16, 2001

909

A BILL to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for covenant marriage; and for other purposes.
Referred to the Committee on Judiciary.
HB 643. By Representatives Howard of the 118th and Harbin of the 113th:
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; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 644. By Representatives Coleman of the 80th, McBee of the 88th, Cummings of the 27th, Shanahan of the 10th, Mills of the 21st and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase for retirement members of such retirement system; and for other purposes.
Referred to the Committee on Retirement.
HB 645. By Representatives Floyd of the 138th, Ray of the 128th, Purcell of the 147th and Greene of the 158th:
A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relating to agriculture, so as to change the provisions relating to the annual license fee of grain dealers, commercial feed dealers, and grain warehousemen; to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as

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the "Georgia State Warehouse Act," so as to change the provisions relating to annual licenses; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 646. By Representative Reichert of the 126th:
A BILL to amend Code Section 53-1-20 of the Official Code of Georgia Annotated, relating to renouncing succession, so as to provide renunciations of future interests; and for other purposes.

Referred to the Committee on Judiciary.

HB 647. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend an Act providing a new charter for the City of Dublin, Georgia, so as to change the corporate limits of such city by annexing certain territory in Laurens County into such city; and for other purposes.

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

HB 648. By Representatives Everett of the 163rd, Bridges of the 9th, Walker of the 141st, Stokes of the 92nd and Irvin of the 45th:
A BILL to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to provide that the advertisements of sales under power shall include recitals of certain conveyances and the names of the new owners after such conveyances; and for other purposes.

Referred to the Committee on Judiciary.

HB 649. By Representatives Epps of the 131st, Heard of the 89th, Turnquest of the 73rd and Holland of the 157th:

FRIDAY, FEBRUARY 16, 2001

911

A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified child care expenses in conformity with federal tax law; and for other purposes.

Referred to the Committee on Ways & Means.

HB 650. By Representatives Buckner of the 95th, Drenner of the 66th, Holmes of the 53rd and Orrock of the 56th:
A BILL to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to require water permeable surfaces for certain public roads, parking lots, and sidewalks; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 651. By Representatives Holmes of the 53rd, Jamieson of the 22nd and Ashe of the 46th:
A BILL to amend Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to leases of public school property, so as to change the authorized maximum length of time for which public school property may be leased; and for other purposes.

Referred to the Committee on Education.

HB 652. By Representatives Dodson of the 94th, West of the 101st, Hudson of the 156th, Shaw of the 176th, Unterman of the 84th and others:
A BILL to provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of licensees and the reporting of licensee data to the Department of Community Health; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Industry.
HB 653. By Representatives Callaway of the 81st and Stuckey of the 67th:
A BILL to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to change the statute of limitations for rape; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 654. By Representatives Bannister of the 77th, Unterman of the 84th, Coleman of the 80th, Rice of the 79th, Callaway of the 81st and others:
A BILL to provide for the creation of one or more community improvement districts in Gwinnett County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 655. By Representative Twiggs of the 8th:
A BILL to amend Code Section 46-3-201 of the Official Code of Georgia Annotated, relating to existence of electric membership corporations under articles of incorporation and powers of such corporations, so as to provide that the condemnation of property for public purposes by an electric membership corporation in any county other than the county where the corporation's home office is located shall be subject to approval by the board of commissioners of such county; and for other purposes.
Referred to the Committee on Judiciary.
HB 656. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Jamieson of the 22nd, Porter of the 143rd and others:

FRIDAY, FEBRUARY 16, 2001

913

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 create early intervention programs for kindergarten, primary grades, and upper elementary grades, in place of the special instructional assistance program to assist students with certain identified developmental deficiencies; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change eligibility requirements for HOPE scholarships for seniors attending private postsecondary institutions; and for other purposes.

Referred to the Committee on Education.

HR 274. By Representatives Smith of the 19th, Sailor of the 71st, Stanley of the 50th, Williams of the 83rd, Sholar of the 179th and others:
A RESOLUTION amending the Rules of the House; and for other purposes.

Referred to the Committee on Rules.

HR 275. By Representative Childers of the 13th:
A RESOLUTION to direct and require that the Department of Community Health adopt certain reimbursement methodologies for nursing facilities; and for other purposes.

Referred to the Committee on Health & Ecology.

HR 276. By Representative Lanier of the 145th:
A RESOLUTION designating the Walter C. Perkins Highway; and for other purposes.

Referred to the Committee on Transportation.

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JOURNAL OF THE HOUSE

HR 277. By Representative Franklin of the 39th: A RESOLUTION amending the Rules of the House; and for other purposes.

Referred to the Committee on Rules.

HR 278. By Representative Lanier of the 145th:
A RESOLUTION designating the A. S. Newton Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 279. By Representatives Irvin of the 45th, Davis of the 60th, Stancil of the 16th, Shanahan of the 10th, Cummings of the 27th and others:
A RESOLUTION urging the Congress of the United States to take all actions necessary to establish an independent Federal Board of Pardons to be responsible for all reprieves and pardons regarding federal crimes; and for other purposes.

Referred to the Committee on Rules.

HR 280. By Representatives Pinholster of the 15th and Stancil of the 16th:
A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.

Referred to the Committee on Transportation.

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

FRIDAY, FEBRUARY 16, 2001

915

HB 665. By Representatives Skipper of the 137th, Hudson of the 156th, Snow of the 2nd, Burkhalter of the 41st, Williams of the 83rd and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; and for other purposes.

2/16/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 665. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Skipper District 137

Referred to the Committee on Industry.

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

HB 621 HB 622 HB 623 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635

HB 636 HB 637 HB 638 HB 639 HB 640 HB 641 HB 642 HR 270 HR 271 HR 272 HR 273 SB 82 SR 58 SR 168

916

JOURNAL OF THE HOUSE

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:
HB 632. By Representatives Walker of the 141st, Pinholster of the 15th, Childers of the 13th, Stephens of the 150th and Bohannon of the 139th:
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 comprehensive regulation of physicians who provide certain services in office based surgical settings; to provide for the accreditation of such physicians' office based surgical settings; and for other purposes.
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 479 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following

FRIDAY, FEBRUARY 16, 2001

917

recommendation: HB 492 Do Pass, by Substitute

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 222 Do Pass HR 267 Do Pass HR 269 Do Pass

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

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

Mr. Speaker:

Your Committee on State Planning and 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 312 Do Pass HB 616 Do Pass HB 617 Do Pass

HB 620 Do Pass SB 126 Do Pass SB 140 Do Pass

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JOURNAL OF THE HOUSE

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 16, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 164 HB 361 HR 217
SB 38

Teachers; sick leave; absence due to certain injury on duty Cotton Producers Indemnity Fund; payments Agricultural courses; elimination; urge Board of Regents reverse certain decision Shellfish; harvesting clams; increase minimum shell size

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 312. By Representatives Ehrhart of the 36th, Hines of the 38th, Wiles of the 34th, Golick of the 30th, Cooper of the 31st and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.

FRIDAY, FEBRUARY 16, 2001

919

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 616. By Representatives Campbell of the 42nd and Stancil of the 16th:
A BILL to provide a homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for each resident of the City of Mountain Park, which is in lieu of and not in addition to any other homestead exemption applicable to City of Mountain Park ad valorem taxes for municipal purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 617. By Representative Lord of the 121st:
A BILL to amend an Act creating a new charter for the City of Stapleton, so as to change the terms of the mayor and councilmembers; to provide for atlarge elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 620. By Representatives Mosley of the 171st and Byrd of the 170th:
A BILL to provide a homestead exemption from all Wayne County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

SB 126. By Senator Jackson of the 50th:
A bill to be entitled an Act to create the Lumpkin County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

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

SB 140. By Senator Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from Butts County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over without regard to their income; to provide a homestead exemption from Butts County ad valorem taxes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of the county who are 62 years of age or over without regard to their income; to repeal a local amendment to the Constitution of Georgia which provided a $12,000.00 homestead exemption from Butts County School District ad valorem taxes for certain older residents of that district with incomes below certain levels; to repeal conflicting laws; and for other purposes.

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:

FRIDAY, FEBRUARY 16, 2001

921

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes E Houston
Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 151, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Watson of the 70th 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:

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JOURNAL OF THE HOUSE

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
HB 110. By Representatives Holmes of the 53rd, Watson of the 70th, Borders of the 177th, 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; and for other purposes.
HB 328. By Representative Coleman of the 80th:
A BILL to amend the Act creating a new charter for the City of Berkeley Lake, to provide for four-year terms for the mayor and council; to provide for staggered terms of office; to provide for initial terms of office; to remove the limits on the number of terms which the mayor may serve; and for other purposes.
SB 50. By Senators Johnson of the 1st and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 15-6-62 of the Official Code of Georgia Annotated, relating to additional duties of clerks of the superior courts, so as to authorize the maintenance of records in digital format; to repeal conflicting laws; and for other purposes.
SB 52. By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public

FRIDAY, FEBRUARY 16, 2001

923

accommodation may exclude patrons from parking two-wheeled or threewheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
SB 84. By Senator Price of the 56th:
A bill to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to change the definition of "food service establishment"; to exempt certain activities, functions, and events; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 143. By Representatives Pelote of the 149th, Hugley of the 133rd, Unterman of the 84th, Manning of the 32nd, McClinton of the 68th and others:
A RESOLUTION designating April as "Ovarian Cancer Awareness Month"; and for other purposes.

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

SB 50.

By Senators Johnson of the 1st and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 15-6-62 of the Official Code of Georgia Annotated, relating to additional duties of clerks of the superior courts, so as to authorize the maintenance of records in digital format; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 52.

By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual

924

JOURNAL OF THE HOUSE

from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 84.

By Senator Price of the 56th:
A bill to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to change the definition of "food service establishment"; to exempt certain activities, functions, and events; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

Representative Westmoreland of the 104th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 208. By Representatives Bannister of the 77th, Dix of the 76th, Parsons of the 40th, Davis of the 60th and Coleman of the 142nd:
A BILL to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties, so as to prohibit the use or possession of certain body armor during the commission or attempted commission of certain offenses and provide enhanced criminal penalties therefor; to change provisions relating to use or possession of certain firearms during the commission or attempted commission of certain offenses and enhanced criminal penalties therefor; and for other purposes.

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

FRIDAY, FEBRUARY 16, 2001

925

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes N Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Hammontree Y Hanner Y Harbin Y Harrell Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes E Houston Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham E Mann Y Manning Martin Y Massey Y 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
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 146, nays 1. The motion prevailed.

Representative Bell of the 25th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Hammontree of the 4th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

The following Resolutions of the House were read and adopted:
HR 324. By Representatives Roberts of the 162nd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Stanley of the 50th and others:
A RESOLUTION commending Honorable Kenneth Birdsong; and for other purposes.
HR 325. By Representatives Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION honoring Mr. Westley Wallace Law; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary:
HB 324. By Representatives Holmes of the 53rd, Mobley of the 69th, Orrock of the 56th, Stuckey of the 67th, Brooks of the 54th and others:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act"; to provide a short title; to prohibit the execution of the death sentence for any person if the sentence was imposed based on race; and for other purposes.
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 442. By Representatives Ray of the 128th, Hudson of the 156th, James of the 140th and Sholar of the 179th:
A BILL to amend Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, so as to change the

FRIDAY, FEBRUARY 16, 2001

927

provisions relating to recording purchases of pecans by dealers and opening records thereof to public authorities; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, so as to change the provisions relating to recording purchases of pecans by dealers and opening records thereof to public authorities; to provide for presentation of identification and issuance and recording of seller identification numbers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, is amended by striking Code Section 43-31-3, relating to recording sales by dealers and opening records to public authorities, and inserting in lieu thereof the following:
"43-31-3. Any dealer in pecans who buys any pecans for resale, or for the purpose of processing same, in an amount exceeding the market value of $5.00 $25.00 at one time shall, at the time of purchase, make a record of the name and address of the seller, the date of the purchase, the amount of the nuts purchased, kinds purchased, and where purchased. The first time a dealer purchases pecans from any seller on or after July 1, 2001, the dealer shall require the seller to present identification issued by a governmental agency of a state or the United States and containing a photograph of the seller. The dealer shall record the information contained on such identification and shall issue a unique seller identification number to such seller. The dealer shall record the sellers identification number on the dealers record of each purchase required to be maintained pursuant to this Code section. These records shall be kept available to public authorities for at least 12 36 months after the date of the purchase."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed

The following substitute, offered by Representatives Hudson of the 156th, James of the 140th, and Ray of the 128th, was read and adopted:

928

JOURNAL OF THE HOUSE

A BILL
To amend Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, so as to change the provisions relating to recording purchases of pecans by dealers and opening records thereof to public authorities; to provide for presentation of identification and issuance and recording of seller identification numbers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 31 of Title 43 of the Official Code of Georgia Annotated, relating to pecan dealers and processors, is amended by striking Code Section 43-31-3, relating to recording sales by dealers and opening records to public authorities, and inserting in lieu thereof the following:
"43-31-3. Any dealer in pecans who buys any pecans for resale, or for the purpose of processing same, in an amount exceeding the market value of $5.00 $50.00 at one time shall, at the time of purchase, make a record of the name and address of the seller, the date of the purchase, the amount of the nuts purchased, kinds purchased, and where purchased. The first time a dealer purchases pecans from any seller on or after July 1, 2001, the dealer shall require the seller to present identification issued by a governmental agency of a state or the United States and containing a photograph of the seller. The dealer shall record the information contained on such identification and may issue a unique seller identification number to such seller. The dealer shall record either the sellers name or the sellers identification number on the dealers record of each purchase required to be maintained pursuant to this Code section. These records shall be kept available to public authorities for at least 12 36 months after the date of the purchase."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed

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

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

Y Allen Y Amerson Y Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudson, S Y Hugley Y Irvin N Jackson, B

Y Mueller Y Orrock
Parham N Parrish

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P

Y Bannister N Barnard Y Barnes Y Bell Y Birdsong Y Black N Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell
Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, FEBRUARY 16, 2001

Y Day Dean
Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves
Greene Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes E Houston Howard Y Hudgens Y Hudson, N

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane N Lanier Y Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell N Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Sinkfield N Skipper Y Smith, B

929
N Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 142, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 361. By Representatives Floyd of the 138th, Ray of the 128th, Purcell of the 147th and Hudson of the 156th:
A BILL to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to the 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; and for other purposes.

930

JOURNAL OF THE HOUSE

Pursuant to Rule 134, Representative Lanier of the 145th was excused from voting on HB 361.

The report of the Committee, which was favorable to the 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 Allen N Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick N Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes E Houston
Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane
Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling N Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman E Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson N Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 128, nays 32. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 16, 2001

931

The Speaker Pro Tem assumed the Chair.

HR 217. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th, Pelote of the 149th and others:
A RESOLUTION urging the chancellor and Board of Regents of the University System of Georgia to reverse the decision of the P-16 Council which eliminates agricultural courses and other courses on the 9-12 list of state funded courses approved by the State Board of Education; and for other purposes.

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:

Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

932
Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland Y Holmes E Houston
Howard Y Hudgens Y Hudson, N

Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shanahan Shaw
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Allen 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.

SB 38.

By Senators Williams of the 6th, Gillis of the 20th, Blitch of the 7th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 27-4-194 of the Official Code of Georgia Annotated, relating to the minimum size of shellfish which may be taken for commercial or noncommercial purposes, so as to provide that it shall be lawful to take or possess clams when the maximum depth of the shell of the clam measures less than three-fourths inch thickness; to repeal conflicting laws; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner

Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

FRIDAY, FEBRUARY 16, 2001

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

Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

933
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 164. By Representatives Morris of the 155th, Jamieson of the 22nd, Taylor of the 134th, Porter of the 143rd and Ashe of the 46th:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide that sick leave shall not be charged for certain periods of absence due to certain injuries sustained during the performance of duties; and for other purposes.

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

934
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes E Houston
Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay
Shanahan Shaw Y Sholar Y Sims Y Sinkfield Skipper Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow E Squires Y Stallings E Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Skipper of the 137th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

FRIDAY, FEBRUARY 16, 2001

935

HR 222. By Representative Floyd of the 138th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. H. H. Dimery, Mr. Wallace Mathis, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.
HR 267. By Representatives Stanley of the 50th, Holmes of the 53rd, Stanley of the 49th, Martin of the 47th, Brooks of the 54th and others:
A RESOLUTION recognizing and commending the Honorable William C. "Bill" Campbell, Mayor, City of Atlanta, Georgia, and inviting him to appear before this body; and for other purposes.
HR 269. By Representatives Mills of the 21st, Turnquest of the 73rd, Watson of the 70th and Smyre of the 136th:
A RESOLUTION commending Angeo Taylor and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 326. By Representatives Ray of the 128th, Purcell of the 147th, James of the 140th, Floyd of the 138th, Hudson of the 156th and others:
A RESOLUTION recognizing the Georgia peanut industry and inviting Terry Pickle, President of the Georgia Peanut Producers Association, to appear before the House of Representative; and for other purposes.
HR 327. By Representatives McBee of the 88th, Murphy of the 18th and Stallings of the 100th:
A RESOLUTION recognizing Hanna Ledford and inviting her to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

The following Resolutions of the House were read and adopted:

HR 328. By Representative Squires of the 78th:
A RESOLUTION commending David Robinson Meyers; and for other purposes.

HR 329. By Representative Squires of the 78th:
A RESOLUTION recognizing and commending Lauren Konrad Meyers; and for other purposes.

HR 330. By Representatives Hugley of the 133rd, Taylor of the 134th, Buck of the 135th, Roberts of the 132nd, Smyre of the 136th and others:
A RESOLUTION commending Dee Shore; and for other purposes.

HR 331. By Representative Pelote of the 149th:
A RESOLUTION recognizing and commending Brittney N. Daise; and for other purposes.

HR 332. By Representative Smith of the 169th:
A RESOLUTION recognizing and commending Russell Tanner; and for other purposes.

HR 333. By Representative Borders of the 177th:
A RESOLUTION commending Samantha Wright, the winner of the Prudential Spirit of Community Award; and for other purposes.

HR 334. By Representatives Cummings of the 27th, Bunn of the 74th, Hugley of the 133rd, Pelote of the 149th, Smith of the 175th and others:

FRIDAY, FEBRUARY 16, 2001

937

A RESOLUTION recognizing GAE Legislative Conference Day; and for other purposes.

HR 335. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending Miss Leslie Elizabeth Sharpe, 2001 Georgia Watermelon Queen; and for other purposes.

HR 336. By Representative Squires of the 78th:
A RESOLUTION recognizing and commending Natalie McCrea Stone; and for other purposes.

HR 337. By Representative Rogers of the 20th:
A RESOLUTION commending the Gainesville/Hall County SAFEKIDS Coalition; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 20, 2001.

938

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Tuesday, February 20, 2001

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:

Amerson Ashe Bannister Barnard Barnes Bell Birdsong Boggs Bohannon Borders Bridges Brooks Broome Brown Buck E Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Channell

Childers Coleman, B Collins Connell Cox Cummings Davis Deloach, B Dodson Drenner Dukes Ehrhart Everett Forster Franklin Graves Greene Hammontree Hanner Harrell Heard Hembree Henson Hines Holland

Houston Howard Hudgens Jackson, B Jackson, L James Jennings Johnson Joyce Kaye Keen Knox Lane Lanier Lord Mangham E Mann Manning McBee McCall Millar Mills Mobley Morris Mosley

Mueller Parsons Pelote Pinholster Poag Powell Purcell Ragas Randall Reed Reese Reichert Rice Richardson Roberts, D Roberts, L Royal Scheid Scott Seay Shanahan Shaw Sholar Skipper Smith, B

Smith, C Smith, L Smith, P Smith, T Smith, V Snelling Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Teper Tillman Twiggs Unterman Walker, L Watson Westmoreland Wiles Wilkinson Willard Williams Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Black of the 178th, Bordeaux of the 151st, Coan of the 82nd, Coleman of the 142nd, Cooper of the 31st, Crawford of the 129th, Day of the 153rd, DeLoach of the 119th, Dix of the 76th, Epps of the 131st, Golick of the 30th, Harbin of the 113th, Holmes of the 53rd, Hudson of the 156th, Hugley of the 133rd, Irvin of the 45th, Jenkins of the 110th, Jordan of the 96th, Lewis of the 14th, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, Martin of the 47th, Massey of the 86th, McClinton of the 68th, McKinney of the 51st, Orrock of the 56th, Parrish of the 144th, Porter of the 143rd, Ray of the 128th, Reece of

TUESDAY, FEBRUARY 20, 2001

939

the 11th, Rogers of the 20th, Sanders of the 107th, Sims of the 167th, Sinkfield of the 57th, Smith of the 19th, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Taylor of the 134th, Teague of the 58th, Turnquest of the 73rd, Walker of the 87th, West of the 101st, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Bob Baxter, Pastor, Mt. Harmony Baptist Church, Mableton, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

940

JOURNAL OF THE HOUSE

HB 657. By Representatives Broome of the 160th, Skipper of the 137th, Shanahan of the 10th, Stokes of the 92nd and Lanier of the 145th:
A BILL to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the definition of the term "pattern of racketeering activity" and thereby change the applicability and effect of said Act; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 658. By Representatives Wix of the 33rd, Golick of the 30th, Murphy of the 18th and Barnes of the 97th:
A BILL to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons and place of detention, so as to provide that after a convicted person has remained in custody of the local jail for a period of 90 days after a request for local custody has been filed on behalf of such person, the sheriff through the prosecuting attorney may petition the sentencing court for a hearing to determine whether such convicted person should be transferred to the custody of the commissioner of corrections; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 659. By Representatives Bannister of the 77th, Millar of the 59th, Stephens of the 150th, Burkhalter of the 41st, Harbin of the 113th and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that in any case where a marketer overcharges a retail customer as determined by an admission of the marketer or an agreement between the marketer and retail customer as to the amount of overcharge, the marketer shall be liable to the retail customer in an amount equal to three times the amount of overcharge which shall be refunded to the customer or credited to the customer's account; and for other purposes.

Referred to the Committee on Industry.

TUESDAY, FEBRUARY 20, 2001

941

HB 660. By Representatives McBee of the 88th, Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and disability benefits under the Public School Employees Retirement System, so as to reduce the normal retirement age to 60; to provide for retirement without regard to age with 30 years of creditable service; and for other purposes.
Referred to the Committee on Retirement.
HB 661. By Representatives Everett of the 163rd, Bridges of the 9th, Scheid of the 17th, Stokes of the 92nd, Twiggs of the 8th and others:
A BILL to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide for legislative findings; to provide that the state and any of its agencies or political subdivisions shall compensate the owner of property for any demonstrable loss in the value of the property resulting from any rule or regulation issued by such entity; and for other purposes.
Referred to the Committee on Judiciary.
HB 662. By Representatives Borders of the 177th, Royal of the 164th, Buck of the 135th, Skipper of the 137th and Black of the 178th:
A BILL to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to procedures for consideration of bills having a significant impact on anticipated revenues or expenditures under the "Georgia Fiscal Note Act," so as to provide that when a requested fiscal note is not delivered in a timely manner, the bill shall be deemed to have no significant impact upon anticipated revenues or expenditures for purposes of said Act; and for other purposes.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HB 663. By Representatives Golick of the 30th, Stokes of the 92nd, Hammontree of the 4th and Ragas of the 64th:
A BILL to amend Article 9 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, the "Uniform Statutory Rule Against Perpetuities," so as to provide for optional exceptions to the rule against perpetuities for certain trusts; to provide for a definition; to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, the "Georgia Trust Act," so as to revise a definition and a provision relating to the creation of beneficial interests in property by deed in conformity with such exceptions; and for other purposes.
Referred to the Committee on Judiciary.
HB 664. By Representatives West of the 101st, Buck of the 135th, McBee of the 88th, Stallings of the 100th, Mueller of the 152nd and others:
A BILL to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to birth certificates of persons who were adopted, for whom paternity was established, or who were legitimated; to change the provisions relating to the contents of certificates and to reports and records; and for other purposes.
Referred to the Committee on Judiciary.
HB 666. By Representative Snow of the 2nd:
A BILL to amend Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council and the payment of employee contributions, so as to provide that such members may obtain creditable service for prior service as a law clerk or legal assistant to a superior court judge; and for other purposes.
Referred to the Committee on Retirement.

TUESDAY, FEBRUARY 20, 2001

943

HB 667. By Representatives Wiles of the 34th, Ehrhart of the 36th, Cooper of the 31st, Callaway of the 81st and Channell of the 111th:
A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the sale of or distribution to minors of cigarettes and tobacco related objects, so as to make it unlawful for any minor to possess or attempt to purchase any cigarettes or tobacco related objects; to provide for misdemeanor criminal penalties for a minor who possesses, purchases, or attempts to purchase cigarettes or tobacco related objects or misrepresents his or her age or identity; to provide for exceptions; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of drivers' licenses; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 668. By Representative Hudson of the 120th:
A BILL to amend an Act reincorporating the City of Crawfordville, so as to change the provisions relating to the powers and duties of the mayor and vice mayor; to change the provisions relating to the filling of vacancies in the office of mayor or councilmember; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 669. By Representatives Bordeaux of the 151st and Martin of the 47th:
A BILL to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to purchase of motor vehicle liability insurance by municipal corporations, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to authorized emergency vehicles, so as to provide for waiver of the immunity of local government entities for injury or damage arising out of the negligent use of motor vehicles; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 670. By Representative Murphy of the 18th:
A BILL to amend an Act providing a new charter for the City of Bremen, so as to provide that all taxes collected by the city for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education on a regular periodic basis; and for other purposes.

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

HB 671. By Representative Holland of the 157th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to prescribe a penalty for aggressive driving; to define certain terms; to define the offense of aggressive driving; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 338. By Representatives Smith of the 103rd, Heckstall of the 55th, Coleman of the 142nd, Smith of the 12th, Stancil of the 16th and others:
A RESOLUTION urging the Department of Administrative Services to assist in minimizing the costs of all state printing functions and urging the Georgia Technology Authority to promote the distribution and access to public reports through a state electronic directory; and for other purposes.

Referred to the Committee on Industry.

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

HB 17 HB 643

HB 655 HB 656

TUESDAY, FEBRUARY 20, 2001

945

HB 644 HB 645 HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654

HB 665 HR 274 HR 275 HR 276 HR 277 HR 278 HR 279 HR 280 SB 50 SB 52 SB 84

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

HB 665. By Representatives Skipper of the 137th, Hudson of the 156th, Snow of the 2nd, Burkhalter of the 41st, Williams of the 83rd and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; and for other 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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 298 Do Pass HR 180 Do Pass HR 326 Do Pass

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JOURNAL OF THE HOUSE

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 623 Do Pass HB 626 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 20, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

HB 139 HB 182 HB 288 HB 297 HB 303 HB 393

Supplemental appropriations; FY 2000-2001 Elections; procedure for certain unopposed primary candidates Public retirement systems; certain investments; authorize Architects; structures not requiring seal; amend provisions Boards and commissions; increase per diem allowance Public records; disclosure; exempt certain ridesharing programs

TUESDAY, FEBRUARY 20, 2001

947

HB 417 HR 168
HR 183

Higher Education Savings Plan; enact Railroad Retirement and Survivors Improvement Act; urge congressional support Stroke Awareness Month; designate month of May

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 623. By Representatives Millar of the 59th, Jennings of the 63rd, Turnquest of the 73rd, Mobley of the 69th, Watson of the 70th and others:
A BILL to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; and for other purposes.

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

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks

Y Cox Crawford
Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Drenner Y Dukes Y Ehrhart Y Epps Y Everett Floyd

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes

948
Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham E Mann Manning Martin Massey McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Y Stuckey Taylor Teague
N Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 75th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 626. By Representatives Unterman of the 84th and Walker of the 87th:
A BILL to provide for a homestead exemption from certain Walton 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; and for other purposes.

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

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

Allen Y Amerson
Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, S Y Hugley Y Irvin

Y Mueller Orrock
Y Parham

Smith, C Y Smith, C.W Y Smith, L

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black
Boggs Y Bohannon
Bordeaux Borders Y Bridges Y Brooks Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Callaway Y Campbell Y Cash Y Channell Childers Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Cooper

TUESDAY, FEBRUARY 20, 2001

Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin
Golick Y Graves Y Greene
Hammontree Y Hanner
Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Maddox Y Mangham E Mann Y Manning Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B

949
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Yates Murphy, Speaker

On the passage of the Bill, the ayes were 140, 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:

950

JOURNAL OF THE HOUSE

SB 49. By Senators Streat of the 19th, Cheeks of the 23rd and Butler of the 55th:
A bill to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change the provisions relating to requirement of just compensation as a limitation on exercise of power of eminent domain; to provide that interference with a property owners exclusive rights includes interference with access rights incident to the property which may include but are not limited to any median or other interference creating increased circuity of travel or a change in traffic patterns; to repeal conflicting laws; and for other purposes.
SB 193. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663), so as to change the provisions relating to vacancies in the governing authority; to repeal conflicting laws; and for other purposes.
HB 126. By Representative Heckstall of the 55th:
A BILL to authorize the City of East Point to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 17. By Representatives Royal of the 164th, Hanner of the 159th and McCall of the 90th:
A RESOLUTION ratifying the rules of the Board of Natural Resources for administration and implementation of Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the '"Flint River Drought Protection Act"; and for other purposes.

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

TUESDAY, FEBRUARY 20, 2001

951

SB 14. By Senators Walker of the 22nd, Tate of the 38th, Starr of the 44th, Dean of the 31st, James of the 35th and others:
A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to provide for an increase in the minimum wage; to provide for exceptions; to provide for changes relative to the federal minimum wages.

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

SB 14.

By Senators Walker of the 22nd, Tate of the 38th, Starr of the 44th, Dean of the 31st, James of the 35th and others:
A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to provide for an increase in the minimum wage; to provide for exceptions; to provide for changes relative to the federal minimum wages.

Referred to the Committee on Industrial Relations.

SB 49.

By Senators Streat of the 19th, Cheeks of the 23rd and Butler of the 55th:
A bill to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change the provisions relating to requirement of just compensation as a limitation on exercise of power of eminent domain; to provide that interference with a property owners exclusive rights includes interference with access rights incident to the property which may include but are not limited to any median or other interference creating increased circuity of travel or a change in traffic patterns; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

952

JOURNAL OF THE HOUSE

SB 193. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663), so as to change the provisions relating to vacancies in the governing authority; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Judiciary:

HB 380. By Representatives Walker of the 87th and Martin of the 47th:
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; and for other purposes.

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

HR 180. By Representatives Coleman of the 80th and Coan of the 82nd:
A RESOLUTION inviting the coach and varsity runners of the Collins Hill High School Eagles cross-country team and the principal of Collins Hill High School to appear before the House of Representatives; and for other purposes.

HR 326. By Representatives Ray of the 128th, Purcell of the 147th, James of the 140th, Floyd of the 138th, Hudson of the 156th and others:

TUESDAY, FEBRUARY 20, 2001

953

A RESOLUTION recognizing the Georgia peanut industry and inviting Terry Pickle, President of the Georgia Peanut Producers Association, to appear before the House of Representative; and for other purposes.

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

HB 297. By Representatives Powell of the 23rd, Westmoreland of the 104th, Byrd of the 170th and Snow of the 2nd:
A BILL to amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, so as to change certain provisions relating to which structures do not require the seal of a registered architect; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, so as to change certain provisions relating to which structures do not require the seal of a registered architect; to provide that nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects; to change the provisions relating to architect seals and documents required to be sealed; 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 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, is amended by striking in its entirety Code Section 43-4-14, relating to the practice of architecture, and inserting in lieu thereof a new Code Section 43-4-14 to read as follows:
"43-4-14. (a) In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (6) of

954

JOURNAL OF THE HOUSE

Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture. (b) The following structures do not require the seal of a registered architect:
(1) One and two-family residences and domestic outbuildings regardless of cost; (2) Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmers market; (3) Any building or structure which is a single story building, not exceeding more than 50 5,000 square feet in depth, with clear visibility of all exits area, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities; (4) Preengineered metal buildings and structures classified, with respect to ordinary hazard use, as storage use and not for human habitation and are one story in height Preengineered buildings that are one story in height, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, and facilities classified as high hazard; provided, however, that the services of a duly registered architect shall be required for the design of any business or mercantile occupancies that exceed 5,000 square feet in area that are incidental to the operation in such building; and (5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes and regulations in effect. (c) The following persons are exempt from registration as an architect in this state: (1) A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia; (2) An employee of a registered architect or firm under subsection (b) of Code Section 43-4-10 who is not in charge of design or supervision and who works under the supervision of a registered architect; (3) An employee of the United States government while working in the scope of his or her employment for the United States government; and (4) A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this article.

TUESDAY, FEBRUARY 20, 2001

955

(d) Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter. (e) Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter. (f) Nothing in this article shall be construed to mean that predesign services, as defined in Code Section 50-22-7, are required to be performed exclusively by architects. (g) Nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects."
SECTION 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 43-4-16, relating to architect seals and documents required to be sealed, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(1) No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:
(A)(1) The architect has a current registration to practice in this state and is competent in the subject matter of the documents by virtue of education or experience or both; and (B)(2) The architect personally prepared the plans, specifications, drawings, reports, or other documents, or the plans, specifications, drawings, reports, or other documents were prepared under the architects responsible control as provided in subsection (b) of Code Section 43-4-10.; and (2)(3) The architect has been given full authority in writing by the original architect to make document revisions and has made a substantive review and inspection of the documents with regard to the laws and regulations of this state, and the documents are prototypical drawings. For purposes of this paragraph, prototypical drawings are drawings that may be prepared by an architect licensed in any country or United States jurisdiction, that have been prepared in connection with the design of a commercial chain establishment, and that have been successfully constructed in other states or countries."
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:

956

JOURNAL OF THE HOUSE

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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.

HR 168. By Representatives Smith of the 169th, Twiggs of the 8th and Squires of the 78th:
A RESOLUTION urging congressional support for the Railroad Retirement and Survivors Improvement Act; and for other purposes.

TUESDAY, FEBRUARY 20, 2001

957

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene
Hammontree Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin
Massey Y 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 Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

958

JOURNAL OF THE HOUSE

HB 303. By Representatives Coleman of the 142nd, Smyre of the 136th and Walker of the 141st:
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 increase the per diem expense allowance; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin Y Golick Y Graves Y Greene N Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates Murphy, Speaker

TUESDAY, FEBRUARY 20, 2001

959

On the passage of the Bill, the ayes were 154, nays 14. The Bill, having received the requisite constitutional majority, was passed.

HR 183. By Representatives Mobley of the 69th, Teague of the 58th, Mangham of the 75th, Holmes of the 53rd, Randall of the 127th and others:
A RESOLUTION designating the month of May as Stroke Awareness Month in Georgia; and for other purposes.

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 Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

960
Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 393. By Representatives Drenner of the 66th and Martin of the 47th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that public disclosure shall not be required for certain records relating to carpooling and ridesharing programs; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs

Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan
Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 20, 2001

Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

961
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 288. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments in which public retirement systems are authorized to invest, so as to provide that such retirement systems may invest in certain open-end management type investment companies and investment trusts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-7-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of directors of the Georgia Firefighters Pension Fund, so as to provide that such pension fund may invest in certain open-end management type investment companies and investment trusts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

962

JOURNAL OF THE HOUSE

SECTION 1. Code Section 47-7-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of directors of the Georgia Firefighters Pension Fund, is amended by inserting at the end thereof the following:
"(d) The board of trustees may invest, in certified or uncertified form, in securities of any open-end management type investment company or investment trust registered with the Federal Securities and Exchange Commission under the Investment Company Act of 1940, as now or hereafter amended, if such investment company or investment trust has been organized for not less than ten years or has assets of not less than $200 million at the date of investment; provided, however, that the board shall not be authorized to pay any such investment company or investment trust a management fee in excess of 0.05 percent of the funds invested."
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 Allen Amerson
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman

Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

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Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 182. By Representatives Birdsong of the 123rd and Holmes of the 53rd:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to provide that in any general primary where an unopposed candidate is seeking party nomination for a public office, where such candidate's name appears on the primary ballot but such candidate fails to receive a single vote, such candidate shall not be nominated for such public office and such party shall not have a candidate for that public office on the ballot in the ensuing general election; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs

N Cox Crawford
Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell

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

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Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks
Broome N Brown Y Buck E Buckner N Bulloch N Bunn Y Burkhalter N Burmeister
Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

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Y Dukes Y Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin N Golick Y Graves Y Greene Y Hammontree Y Hanner N Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Joyce N Kaye N Keen N Knox Y Lane N Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice
Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

N Stancil Stanley Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 125, nays 29. The Bill, having received the requisite constitutional majority, was passed.

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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Retirement:

HB 133. By Representatives Sims of the 167th, Channell of the 111th and Shaw of the 176th:
A BILL to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension of office upon eligibility for or appointment to certain positions, so as to increase the salary of district attorneys emeritus; to provide for a cost of living increase in such salary; and for other purposes.

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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 139. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Smith of the 175th, Parrish of the 144th and others:
A BILL to provide supplementary appropriations for public school capital outlay for the State Fiscal Year ending June 30, 2001, in addition to the appropriations made by the General Appropriations Act and any other appropriations; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles

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Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 417. By Representatives Smith of the 175th, McBee of the 88th, Turnquest of the 73rd, Dukes of the 161st, 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 Higher Education Savings Plan; and for other purposes.

The following Committee substitute was read:

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 Higher Education Savings Plan; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11
20-3-630. This article shall be known and may be cited as the 'Georgia Higher Education Savings Plan.'
20-2-631.

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967

The purposes of this article are to: (1) Provide a program of savings trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code or other applicable federal law; (2) Provide for the creation of a trust fund, as an instrumentality of the State of Georgia, to assist qualified students in financing costs of attending institutions of higher education; (3) Encourage timely financial planning for higher education by the creation of savings trust accounts; (4) Provide a savings program for those persons who wish to save to meet postsecondary educational needs, including postgraduate educational needs; and (5) Attract students to institutions of higher education within the state.
20-3-632. As used in this article, the term:
(1) 'Account contributor' means a resident or nonresident person, corporation, trust, charitable organization, or other entity which contributes to or invests money in a savings trust account under the plan on behalf of a beneficiary. For resident or nonresident persons, the account contributor may also be the designated beneficiary of the account. (2) 'Beneficiary' means a resident or nonresident beneficiary of a savings trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law and any regulations established by the board. (3) 'Board' means the Board of Directors of the Georgia Higher Education Savings Plan. (4) 'Director' means the director of the Office of Treasury and Fiscal Services. (5) 'Financial organization' means an organization which is:
(A) A fiduciary authorized to act as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, or an insurance company or affiliate; and
(B)(i) Licensed or chartered by the Insurance Department; (ii) Licensed or chartered by the Department of Banking and Finance; (iii) Chartered by an agency of the federal government; (iv) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission; (v) Is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended; or (vi) Any investment advisor registered with the United States Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940. (6) 'Institution of higher education' means an eligible educational institution as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.

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(7) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' has the meaning provided by Code Section 48-1-2. (8) 'Plan' means the Georgia Higher Education Savings Plan established under this article. (9) 'Qualified higher education expense' means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (10) 'Qualified withdrawal' means a withdrawal by an account contributor or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986 without a penalty required under the Internal Revenue Code. (11) 'Savings trust account' means an account established by an account contributor pursuant to this article on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (12) 'Savings trust agreement' means the agreement entered into between the board and the account contributor establishing a savings trust account. (13) 'Trust fund' means the Georgia Higher Education Trust Fund. (14) 'Tuition' means the quarter, semester, or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by any student.
20-3-633. (a) The Board of Directors of the Georgia Higher Education Savings Plan is created, consisting of the Governor as chair, the Chancellor of the Board of Regents of the University System of Georgia, the commissioner of Adult and Technical Education, the executive director of the Georgia Student Finance Commission, the state auditor, the director of the Office of Planning and Budget, the state revenue commissioner, three directors who shall be appointed by and serve at the pleasure of the Governor, and the director of the Office of Treasury and Fiscal Services who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board shall have the authority necessary or convenient to carry out the purposes and provisions of this article and the purposes and objectives of the trust fund, including, but not limited to, the authority to:
(1) Adopt such rules and regulations as are necessary to implement this article, subject to applicable federal laws and regulations, including rules regarding transfers of funds between accounts established under savings trust agreements; (2) Contract for necessary goods and services, employ necessary personnel, and engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the trust fund under terms and conditions that the board deems reasonable; and any and all state departments or agencies are authorized to contract with the board, and the board

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969

is authorized to contract with such departments or agencies, upon such terms, for such consideration, and for such purposes as they deem advisable; (3) Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition grants, loans, and other aids from any personal source or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this article; (4) Define the terms and conditions under which payments may be withdrawn or refunded from the trust fund established under this article and impose reasonable charges for a withdrawal or refund; (5) Impose reasonable time limits on the use of savings trust account distributions provided by the plan; (6) Regulate the receipt of contributions or payments to the trust fund; (7) Require and collect fees and charges to cover the reasonable costs of administering savings trust accounts and impose a 10 percent penalty on the earnings portion included within a withdrawal of funds for nonqualified higher educational expenses or for entering into a savings trust agreement on a fraudulent basis; (8) Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the board; (9) Require that account contributors of savings trust agreements verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests, or contract changes of any nature; (10) Solicit proposals and contract for the marketing of the plan, provided that any materials produced by a marketing contractor for the purpose of marketing the plan must be approved by the board before being made available to the public, unless otherwise directed by the board; (11) Delegate responsibility for administration of the comprehensive investment plan to a contractor or contractors or a consultant or consultants that the board determines is qualified; (12) Make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under savings trust agreements; (13) Establish other policies, procedures, and criteria necessary to implement and administer this article; and (14) Authorize the director of the Office of Treasury and Fiscal Services to carry out any or all of the powers and duties enumerated in this subsection for efficient and effective administration of the plan and the trust fund. (b) The board is assigned to the Department of Administrative Services for administrative purposes only.
20-3-634. (a) The board shall make savings trust agreements available to the public, under which account contributors or other payors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state

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shall not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full. Savings trust agreements shall be available to both residents of the State of Georgia and nonresidents of the State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article. (b) Each savings trust agreement made pursuant to this article shall include the following terms and provisions:
(1) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that the total of annual contributions for all accounts for any beneficiary shall not exceed $8,000.00, except that an additional annual sum of $8,000.00 for all accounts for any beneficiary age ten years old or older may be contributed during the first three years in which savings trust agreements are made available by the board to the public. Total savings trust account contributions for all accounts for any beneficiary shall not exceed $120,000.00; (2) Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account; (3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account contributor may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code. Unqualified withdrawals of contributions and earnings shall be subject to a 10 percent penalty on included earnings, and penalties shall be used by the plan to defray expenses. Contributions and earnings shall not be eligible for qualified withdrawal until three years from the date of establishment of the account; (4) The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened; (5) Terms and conditions for a substitution of the beneficiary originally named; (6) Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account; (7) All other rights and obligations of the account contributor and the trust fund; and (8) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.
20-3-635. (a)(1) There is created the Georgia Higher Education Savings Plan Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the director. The director shall credit to the trust fund all amounts transferred to such fund. The trust fund shall consist of money remitted in accordance with savings trust

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agreements and any moneys acquired from other governmental or private sources, and shall receive and hold all payments, contributions, and deposits intended for it as well as gifts, bequests, or endowments; grants; any other public or private source of funds; and all earnings on the fund until disbursed as provided under this Code section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund shall not be commingled with state funds, and the state shall have no claim to or interest in such funds other than the amount of reasonable fees and charges assessed to cover administration costs. Savings trust agreements or any other contract entered into by or on behalf of the trust fund shall not constitute a debt or obligation of the state, and no account contributor shall be entitled to any amounts except for those amounts on deposit in or accrued to the account of such contributor. (2) The trust fund shall continue in existence so long as it holds any funds belonging to an account contributor or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit in the trust fund are returned to account contributors or transferred to the state in accordance with unclaimed property laws. (b)(1) The following three separate accounts are created within the trust fund:
(A) The administrative account; (B) The endowment account; and (C) The plan account. (2) The administrative account shall accept, deposit, and disburse funds for the purpose of administering and marketing the plan. The endowment account shall receive and deposit accounts received in connection with the sales of interests in the trust fund, other than amounts for the administrative account and other than amounts received pursuant to a savings trust agreement. Amounts on deposit in the endowment account may be applied as specified by the board for any purpose related to the plan. The plan account shall receive, invest, and disburse amounts pursuant to savings trust agreements. (c) The official location of the trust fund shall be the Office of Treasury and Fiscal Services, and the facilities of the Office of Treasury and Fiscal Services shall be used and employed in the administration of the fund, including without limitation the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities. (d) Payments received by the board on behalf of beneficiaries from account contributors, other payors, or from any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (e) Account contributors shall be permitted only to contribute cash or any other form of payment or contribution as is permitted under Section 529 of the Internal Revenue

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Code of 1986 and approved by the board. The board shall cause the plan to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The trust fund, through the director, may receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including without limitation any specific gift or bequest made by will, trust, or other disposition to the extent permitted under Section 529 of the Internal Revenue Code of 1986. The trust fund may receive amounts transferred under Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act'; under the Uniform Transfers to Minors Act, Uniform Gift to Minors Act, or other substantially similar act of another state, subject to the provisions of subsection (c) of Code Section 44-5-112; or from some other account established for the benefit of a minor if the trust beneficiary of such an account is identified as the legal owner of the trust fund account upon attaining majority age. (f) Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary and for purposes of maintaining and administering the plan as provided in this article. Amounts on deposit in an account contributors account shall be available for administrative fees and expenses and penalties imposed by the board for the plan as disclosed in the savings trust agreement. (g) The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this article and shall not be loaned or otherwise transferred or used by the state for any other purpose.
20-3-636. (a) The trust fund shall constitute a fund of an instrumentality of the state, and its property and income shall be exempt from all taxation by the state and by all of its political subdivisions. (b) For taxable years beginning on or after January 1, 2002, contributions of up to $2,000.00 on behalf of a designated beneficiary who is claimed as a dependent on the Georgia tax return of the beneficiarys parents or guardians shall constitute an additional deduction from taxable net income pursuant to Chapter 7 of Title 48. If the parents or guardians file separate or single returns, the sum of contributions constituting additional deductions on their returns cannot exceed $2,000.00. To claim the deduction, the taxpayers federal return must show itemized deductions from adjusted gross income and the adjusted gross income cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return. Such deduction shall decrease by $400.00 for each $1,000.00 of adjusted gross income over the applicable limit. Contributions or payments for any such tax year may be made during or after such calendar year but before the deadline for making contributions to an individual retirement account under federal law for such tax year. Qualified withdrawals used solely for qualified higher education expenses shall not be subject to state income tax pursuant to Chapter 7 of Title 48. For unqualified withdrawals, the proportion of earnings in an account balance at the time of the withdrawal shall be applied to the total

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funds withdrawn to determine the earnings portion to be added to the account contributors taxable net income in the year of withdrawal. The proportion of the contributions in an account balance at the time of an unqualified withdrawal which previously have been used to reduce taxable net income shall be applied to the nonearnings portion of the total funds withdrawn to determine an amount to be added to the account contributors taxable net income in the same taxable year.
20-3-637. (a) The board shall have authority to establish a comprehensive investment plan for the purposes of this article and to invest any funds of the trust fund through the director. The director shall invest the trust fund moneys pursuant to an investment policy adopted by the board. Notwithstanding any state law to the contrary, the board, through the director, shall invest or cause to be invested amounts on deposit in the trust fund, including the plan account, in a manner reasonable and appropriate to achieve the objectives of the plan, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to the risk of, expected rate of return of, term or maturity of, diversification of total investments of, liquidity of, and anticipated investments in and withdrawals from the trust fund. (b) All contractors, vendors, or other service providers, including, but not limited to, financial organizations, investments, and investment options shall be selected by competitive solicitation, unless otherwise directed by the board. (c) All investments shall be marked clearly to indicate ownership by the plan and, to the extent possible, shall be registered in the name of the plan. (d) Subject to the terms, conditions, limitations, and restrictions set forth in this Code section, the board may sell, assign, transfer, and dispose of any of the securities and investments of the plan if the sale, assignment, or transfer has the majority approval of the entire board. The board may employ or contract with investment managers, evaluation services, or other such services as determined by the board to be necessary for the effective and efficient operation of the plan. (e) Members and employees of the board shall be subject to the provisions of Chapter 10 of Title 45, relating to codes of ethics and conflicts of interest. (f) The board shall establish criteria for investment managers, mutual funds, or other such entities to act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including without limitation providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control, and safekeeping. (g) No account contributor or beneficiary shall directly or indirectly direct the investment of any account except as may be permitted under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.

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(h) The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law and consistent with the objectives of this article, and the board may require the assistance of investment counseling before participation in different options.
20-3-638. (a) The board shall furnish, subject to reasonable administrative fees and charges, to each account contributor an annual statement of the following:
(1) The amount contributed by the account contributor under the savings trust agreement; (2) The annual earnings and accumulated earnings on the savings trust account; and (3) Any other terms and conditions that the board deems by rule are necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (b) The board shall furnish an additional statement complying with subsection (a) of this Code section to an account contributor or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection. (c) The board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the plan at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors of savings trust agreements. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee.
20-3-639. This article is not a promise or guarantee that any beneficiary will be:
(1) Admitted to any institution of higher education; (2) Admitted to a particular institution of higher education after admission; (3) Allowed to continue enrollment at an institution of higher education; or (4) Graduated from an institution of higher education.
20-3-640. Nothing in this article or in any savings trust agreement entered into pursuant to this article shall be construed as a promise or guarantee by the state or any agency or instrumentality of the state that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any savings trust account. Savings trust accounts and agreements entered into pursuant to this article are not guaranteed by the full faith and credit of the State of Georgia.

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20-3-641. Notwithstanding any state law to the contrary, no moneys on deposit in the plan shall be considered an asset of the parent, guardian, or student for purposes of determining an individuals eligibility for a need based grant, need based scholarship, or need based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Kaye of the 37th, Westmoreland of the 104th, Ehrhart of the 36th, and Collins of the 29th move to amend the Committee substitute to HB 417 by striking lines 10, 11, and 12 on page 8 and inserting in their place the following:
"deductions on their returns cannot exceed $2,000.00. To claim the deduction, the taxpayers federal adjusted gross income cannot exceed $100,000.00 for a joint return or $50,000.00 for".

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

Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster

N Hudson, S Hugley
Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese

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

976
Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 74, nays 96. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Stephens of the 150th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Everett of the 163rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Kaye of the 37th, Westmoreland of the 104th, and Ehrhart of the 36th move to amend the Committee substitute to HB 417 by inserting between "Plan;" and "to" on line 2 of page 1 the following:
"to provide for status as a spendthrift trust;".
By striking the quotation marks at the end of line 29 of page 10 and inserting after line 29 the following:

TUESDAY, FEBRUARY 20, 2001

977

"20-3-642. Notwithstanding any other provision of Chapter 12 of Title 53, the "Georgia Trust Act," to the contrary, any savings trust account under this chapter which is established as a spendthrift trust shall not be susceptible to levy, execution, judgment, or other operation of law, garnishment, or other judicial enforcement, and the amount is not an asset or property of either the participant or the beneficiary for purposes of any state insolvency laws.'"

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

Y Allen Y Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix
Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins
Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills
Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert Y Rice
Richardson Y Roberts, D N Roberts, L
Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 70, nays 96.

978

JOURNAL OF THE HOUSE

The amendment was lost.

Representative Everett of the 163rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Kaye of the 37th, Westmoreland of the 104th, Ehrhart of the 36th, and Collins of the 29th move to amend the Committee substitute to HB 417 by striking lines 12 through 17 of page 5 and inserting in their place the following:
"Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. Total savings trust account contributions for all accounts for any".

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin
Massey

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall
Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley
Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson

Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

TUESDAY, FEBRUARY 20, 2001

Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N McBee McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

979
N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 70, nays 100. The amendment was lost.

Representative Everett of the 163rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Kaye of the 37th, Westmoreland of the 104th, and Ehrhart of the 36th move to amend the Committee substitute to HB 417 by inserting between "Plan;" and "to" on line 2 of page 1 the following:
"to provide for status as a spendthrift trust;".
By striking the quotation marks at the end of line 29 of page 10 and inserting after line 29 the following:
"20-3-642. Notwithstanding any other provision of Chapter 12 of Title 53, the "Georgia Trust Act," to the contrary, any savings trust account under this chapter shall be established as a spendthrift trust and shall not be susceptible to levy, execution, judgment, or other operation of law, garnishment, or other judicial enforcement, and amounts in such account for a period of not less than two years shall not constitute an asset or property of either the participant or the beneficiary for purposes of any state insolvency laws.'"

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

980
Y Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Cox N Crawford N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye
Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford Y Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 75, nays 95. The amendment was lost.

Representative Everett of the 163rd 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:

TUESDAY, FEBRUARY 20, 2001

981

Representative Millar of the 59th moves to amend the Committee substitute to HB 417 as follows:
On page 8 starting at line 10 delete the words from "To" through "return" on line 13.

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

N Allen Y Amerson N Anderson N Ashe
Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor N Sanders
Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 64, nays 106. The amendment was lost.

982

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Collins of the 29th et al. move to amend the Committee substitute to HB 417 by striking lines 10 through 14 of page 8 and inserting in their place the following:
"deductions on their returns cannot exceed $2,000.00. Contributions or payments for any such".

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

Y Allen Y Amerson N Anderson N Ashe
Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford
Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner N Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L
James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor N Teague N Teper N Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

TUESDAY, FEBRUARY 20, 2001

983

On the adoption of the amendment, the ayes were 76, nays 91. The amendment was lost.

The following amendment was read:

Representative Callaway of the 81st, Davis of the 60th, and Westmoreland of the 104th move to amend the Committee substitute to HB 417 as follows:
By inserting on page 3 line 19 after the phrase "appointed by" the phrase "and confirmed by the Senate"

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

N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan

N Cox N Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett
Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane
Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney

Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson

984
N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Millar Y Mills N Mobley N Morris N Mosley

N Sholar N Sims N Sinkfield N Skipper Y Smith, B

Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 55, nays 114. The amendment was lost.

The Committee substitute was adopted.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles

Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 20, 2001

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

985
Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

Due to a mechanical malfunction, the vote of Representative Snelling of the 99th 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 340. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Jackson of the 148th, Pelote of the 149th and others:
A RESOLUTION recognizing and honoring the Parade Committee Chairman Ted Robertson, the Grand Marshall, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives; and for other purposes.

HR 341. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Jordan of the 96th, Ashe of the 46th, McKinney of the 51st and others:
A RESOLUTION recognizing Morris Brown College and declaring "Morris Brown College Day" at the State Capitol on February 22, 2001; and for other purposes.

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:

986

JOURNAL OF THE HOUSE

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 125 Do Pass, by Substitute

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 435 Do Pass HB 530 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 183 Do Pass, by Substitute HB 250 Do Pass HB 253 Do Pass, by Substitute

HB 385 Do Pass, by Substitute HR 229 Do Pass

TUESDAY, FEBRUARY 20, 2001

987

Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Snow of the 2nd 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 202 Do Pass, by Substitute HB 461 Do Pass
Respectfully submitted, /s/ Snow of the 2nd
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 443 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

988

JOURNAL OF THE HOUSE

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

Mr. Speaker:

Your Committee on Ways and 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 456 HB 472 HB 509 HB 555

Do Pass Do Pass Do Pass, by Substitute Do Pass

HB 581 HB 582 HB 609 HB 610

Do Pass Do Pass Do Pass, by Substitute 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 21, 2001

989

Representative Hall, Atlanta, Georgia Wednesday, February 21, 2001
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. Phil Griffin, Pastor, Bethlehem Baptist Church, Clarkesville, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

990

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 672. By Representatives Ehrhart of the 36th and Allen of the 117th:
A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change certain provisions relating to child support in final verdict or decree, computation of award, guidelines for determining amount of award, continuation of duty to provide support, and duration of support; and for other purposes.
Referred to the Committee on Judiciary.
HB 673. By Representatives Jamieson of the 22nd, Parrish of the 144th, McBee of the 88th, Hudson of the 120th, Houston of the 166th and others:
A BILL to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for additional smoke detector requirements in nursing homes; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 674. By Representatives Harrell of the 62nd, Ragas of the 64th, Childers of the 13th, Bordeaux of the 151st and Unterman of the 84th:
A BILL to amend Code Section 31-1-9 of the Official Code of Georgia Annotated, relating to the breast-feeding of babies, so as to change provisions relating to mothers who breast-feed in public places; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 675. By Representatives Wiles of the 34th, Johnson of the 35th, Ehrhart of the 36th, Golick of the 30th, Manning of the 32nd and others:

WEDNESDAY, FEBRUARY 21, 2001

991

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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 676. By Representatives Coleman of the 80th, Callaway of the 81st and Rice of the 79th:
A BILL to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 677. By Representatives Manning of the 32nd, Ehrhart of the 36th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 678. By Representatives Snow of the 2nd, Murphy of the 18th, Coleman of the 142nd and 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 improve enforcement of Uniform Rules of the Road; to standardize maximum fines for violations of certain such rules; to regulate use of traffic-control signal monitoring devices in enforcing certain such rules; to change certain provisions relating to required observance of Uniform Rules of the Road; and for other purposes.
Referred to the Committee on Public Safety.

992

JOURNAL OF THE HOUSE

HB 679. By Representatives Burkhalter of the 41st, Williams of the 83rd, Skipper of the 137th, Snow of the 2nd and Coleman of the 142nd:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the provisions relating to the purposes and powers of electric membership corporations; to change provisions of the "Natural Gas Competition and Deregulation Act"; to change the definition of certain terms; to define additional terms; to require the Public Service Commission to adopt code of conduct rules and enforcement procedures to govern the relationship between an electric membership corporation and its EMC gas affiliate; and for other purposes.
Referred to the Committee on Industry.
HB 680. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Thomas County Emergency Services Board, so as to provide for a change of name; to provide for terms of office; to change the provisions relating to removal and membership; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 681. By Representatives Boggs of the 168th and Martin of the 47th:
A BILL to amend Code Section 15-5-81 of the Official Code of Georgia Annotated, relating to the advisory council to the Georgia Courts Automation Commission, so as to add the executive director of the Georgia Technology Authority or such officer's designee; and for other purposes.
Referred to the Committee on Judiciary.
HB 682. By Representatives Martin of the 47th, Morris of the 155th, Golick of the 30th, Bulloch of the 180th, Manning of the 32nd and others:

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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 child care expenses; and for other purposes.
Referred to the Committee on Ways & Means.
HB 683. By Representative Stancil of the 16th: A BILL to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to the compensation of court bailiffs and expense allowance for jurors to be fixed by grand jury and increases, so as to increase the maximum compensation paid to a bailiff; and for other purposes.
Referred to the Committee on Judiciary.
HB 684. By Representative Twiggs of the 8th: A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for a special license plate promoting trout conservation and recognizing Trout Unlimited; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 685. By Representative Ray of the 128th: A BILL to abolish the present mode of compensating the coroner and deputy coroner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 686. By Representatives Sinkfield of the 57th, Murphy of the 18th, Martin of the 47th and Millar of the 59th:
A BILL to amend Code Section 15-11-174 of the Official Code of Georgia Annotated, relating to rights and powers of the child advocate for the protection of children, so as to provide for motions to quash subpoenas and judicial actions relating thereto; and for other purposes.

Referred to the Committee on Children & Youth.

HB 687. By Representatives Squires of the 78th and Powell of the 23rd:
A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the Council of Superior Court Clerk of Georgia; to provide for appointment of a director of the council; to provide for duties and responsibilities of the director; to provide for funds for compensating the director; to provide for funding adjunct services of the Council of Superior Court Clerks of Georgia; to provide for the creation of the Georgia Court Clerk's Technology Improvement Fund; and for other purposes.

Referred to the Committee on Judiciary.

HB 688. By Representatives Stanley of the 49th, Stanley of the 50th, Epps of the 131st, McClinton of the 68th and Hugley of the 133rd:
A BILL to amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the preparation for and conduct of primaries and elections, so as to provide that any person who provides a driver's license or identification card issued by the Department of Public Safety showing him or her to be a registered voter residing within a precinct shall be permitted to vote even if not listed in the certified electors list; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to drivers' licenses; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HB 689. By Representatives Hembree of the 98th, Powell of the 23rd, Wiles of the 34th, Roberts of the 162nd and Yates of the 106th:
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 plate"; and for other purposes.
2/21/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 689. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Hembree District 98
Referred to the Committee on Motor Vehicles.
HB 690. By Representatives Stanley of the 49th, Massey of the 86th, Stanley of the 50th, Powell of the 23rd and McCall of the 90th:
A BILL to amend Code Section 16-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses, so as to change a certain definition; and for other purposes.
2/21/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 690. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stanley District 49

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Referred to the Committee on Special Judiciary.
HB 691. By Representatives Stanley of the 49th, Stanley of the 50th, Powell of the 23rd, Massey of the 86th, McCall of the 90th and others:
A BILL to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers and temporary renewal permits, so as to provide that a person convicted of a felony offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug shall be ineligible to obtain such license; and for other purposes.
2/21/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 691. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stanley District 49
Referred to the Committee on Public Safety.
HB 692. By Representative Squires of the 78th:
A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to bonds and deputies of the clerks of the superior courts; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to provide for clerks of juvenile courts in certain counties of this state having a population of 200,000 or less according to the United States decennial census of 1990 or any future such census; and for other purposes.

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Referred to the Committee on Judiciary.
HB 693. By Representative Squires of the 78th:
A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for consolidation of dockets and books to be kept by the clerk of the superior court within his or her office; to enumerate instruments subject to the provisions of Code Sections 15-6-61 and 15-6-77; to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to provide for consolidated indices and recording of instruments affecting real and personal property; and for other purposes.
Referred to the Committee on Judiciary.
HB 694. By Representative Boggs of the 168th:
A BILL to provide for a homestead exemption from certain Ware 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 695. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide that income earned on a direct appropriation of state funds to the Georgia State Financing and Investment Commission may be retained by the commission and used for the capital outlay purposes of such direct appropriation; and for other purposes.
Referred to the Committee on Appropriations.

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HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
Referred to the Committee on Judiciary.
HB 697. By Representatives Purcell of the 147th and Barnard of the 154th:
A BILL to amend an Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan," so as to change the rate of interest which delinquent ad valorem taxes bear; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 698. By Representative Burkhalter of the 41st:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide that the possession of a submerged cultural resource without certain written permission shall constitute prima-facie evidence that such submerged cultural resource was taken illegally; to provide that a certain exception to restrictions on taking archeological artifacts shall be limited to artifacts found on dry land; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 699. By Representative Holland of the 157th:
A BILL to amend Code Section 48-6-2 of the Official Code of Georgia

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999

Annotated, relating to the exemption of certain instruments, deeds, or writings from real estate transfer tax and the requirement that consideration be shown, so as to provide an exemption for an instrument or writing to release or satisfy any instrument or writing securing a debt; and for other purposes.

Referred to the Committee on Judiciary.

HB 700. By Representatives Murphy of the 18th, Walker of the 141st and Westmoreland of the 104th:
A BILL to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide that the Legislative Services Committee shall meet at least twice a year rather than at least once a quarter; and for other purposes.

Referred to the Committee on Rules.

HR 339. By Representative Byrd of the 170th:
A RESOLUTION designating the Dan Harrison State Prison at Reidsville; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 342. By Representatives Lord of the 121st, Walker of the 141st, Skipper of the 137th, Westmoreland of the 104th, Ehrhart of the 36th and others:
A RESOLUTION creating the Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; and for other purposes.

Referred to the Committee on Insurance.

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

HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664 HB 666

HB 667 HB 668 HB 669 HB 670 HB 671 HR 338 SB 14 SB 49 SB 193

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 116 Do Pass

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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 367 Do Pass HR 340 Do Pass

WEDNESDAY, FEBRUARY 21, 2001 HR 341 Do Pass

1001

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

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and 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 261 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 287 Do Pass, by Substitute

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

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

Mr. Speaker:

Your Committee on State Planning and 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 489 Do Pass HB 647 Do Pass

HB 654 Do Pass SB 92 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 21, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

HB 301
HB 330 HB 366 HB 372 HB 388 HB 491 HB 510 HR 218

Hunting and fishing; regulation by Department of Natural Resources; prohibit local ordinances Family court division pilot project; extend to 7/1/04 Redevelopment; qualification; amend provisions Schools; students 18 years old; registration to vote Librarians; certification; continuing education Health insurance; continuing coverage; certain employees Controlled substances and dangerous drugs; amend listings Governor's Council on Developmental Disabilities Day; declare 2/22/01

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

WEDNESDAY, FEBRUARY 21, 2001

1003

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 489. By Representative Reece of the 11th:
A BILL to create a board of elections and registration for Chattooga County and provide for its powers and duties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 647. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend an Act providing a new charter for the City of Dublin, Georgia, so as to change the corporate limits of such city by annexing certain territory in Laurens County into such city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 654. By Representatives Bannister of the 77th, Unterman of the 84th, Coleman of the 80th, Rice of the 79th, Callaway of the 81st and others:
A BILL to provide for the creation of one or more community improvement districts in Gwinnett County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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SB 92.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Marietta 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

WEDNESDAY, FEBRUARY 21, 2001

Y Hembree Henson
Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1005
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 162, 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 33. By Senator James of the 35th:
A bill to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change provisions relating to prostitution; to change the penalty provisions related to the offenses of pimping and pandering; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hecht of the 34th and Haines of the 46th:
A bill to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to enact the "Family Violence and Stalking Protective Order Registry Act"; to define terms; to create a registry of protective orders as a centralized data base for protective orders; to provide for the registry to be attached to and maintained by the Georgia Crime Information Center and governed by the Georgia Commission on Family Violence; to provide for the registry to be linked with the National Crime Information Center Network; to provide for standard forms for protective orders; to provide for electronic transmittal and

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maintenance of orders; to provide for foreign orders; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 161. By Senators Walker of the 22nd, Thomas of the 10th, Smith of the 25th and Jackson of the 50th:
A bill to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for certain incentive award programs and incentive compensation plans for employees of the state; to revise existing provisions relating to suggestions and awards; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 182. By Senators Tate of the 38th, Scott of the 36th, Fort of the 39th, Paul of the 40th, Hecht of the 34th and others:
A bill to be entitled an Act to amend an Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), and an Act approved April 13, 1993 (Ga. L. 1993, p. 288), so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 203. By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Carroll County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 33.

By Senator James of the 35th:
A bill to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change provisions relating to prostitution; to change the penalty provisions related to

WEDNESDAY, FEBRUARY 21, 2001

1007

the offenses of pimping and pandering; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 57.

By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hecht of the 34th and Haines of the 46th:
A bill to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to enact the "Family Violence and Stalking Protective Order Registry Act"; to define terms; to create a registry of protective orders as a centralized data base for protective orders; to provide for the registry to be attached to and maintained by the Georgia Crime Information Center and governed by the Georgia Commission on Family Violence; to provide for the registry to be linked with the National Crime Information Center Network; to provide for standard forms for protective orders; to provide for electronic transmittal and maintenance of orders; to provide for foreign orders; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

SB 161. By Senators Walker of the 22nd, Thomas of the 10th, Smith of the 25th and Jackson of the 50th:
A bill to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for certain incentive award programs and incentive compensation plans for employees of the state; to revise existing provisions relating to suggestions and awards; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 182. By Senators Tate of the 38th, Scott of the 36th, Fort of the 39th, Paul of the 40th, Hecht of the 34th and others:

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A bill to be entitled an Act to amend an Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), and an Act approved April 13, 1993 (Ga. L. 1993, p. 288), so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 203. By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Carroll County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Representative Scheid of the 17th arose to a point of personal privilege and addressed the House.

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 218. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th and Teper of the 61st:
A RESOLUTION declaring February 22, 2001, 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 community; and for other purposes.

WEDNESDAY, FEBRUARY 21, 2001

1009

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 218 was ordered immediately transmitted to the Senate.

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HB 301. By Representatives Morris of the 155th, Lane of the 146th, Hanner of the 159th, Coleman of the 142nd, Murphy of the 18th and others:
A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to make certain legislative findings; to provide that the Department of Natural Resources has the authority and duty to encourage hunting and fishing; to provide that hunting and fishing is a right; to provide that no political subdivision of the state shall regulate hunting, trapping, or fishing by local ordinance; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers
Coan

N Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner
Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Hammontree Y Hanner Y Harbin E Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland

Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney

Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Stallings Y Stancil Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor N Teague N Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Coleman, T
Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 21, 2001

N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Millar Y Mills N Mobley Y Morris Y Mosley

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B

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N Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 144, nays 10. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st, Channell of the 111th, Coleman of the 142nd, Hammontree of the 4th, and Sims of the 167th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 491. By Representatives Smith of the 102nd, Cummings of the 27th, Lord of the 121st, Harbin of the 113th, Golick of the 30th and others:
A BILL to make continuing health insurance coverage more accessible; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to reduce the years of creditable service required for teachers and other employees of public schools to be offered continuing health insurance coverage; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, to permit monthly premium payments for continuing health insurance coverage; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell

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

1012
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 17.

By Representatives Royal of the 164th, Hanner of the 159th and McCall of the 90th:
A RESOLUTION ratifying the rules of the Board of Natural Resources for administration and implementation of Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the '"Flint River Drought Protection Act"; and for other purposes.

WEDNESDAY, FEBRUARY 21, 2001

1013

The following Senate amendment was read:

Amend HR 17 by striking the date "February 15" where it appears on lines 16 and 18 of page 2 and inserting in each such place the date "February 21".

Representative Royal of the 164th moved that the House agree to the Senate amendment to HR 17.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the motion, the ayes were 164, nays 0. The motion prevailed.

The Speaker Pro Tem assumed the Chair.

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 366. By Representatives Jamieson of the 22nd and Shanahan of the 10th:
A BILL to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions regarding redevelopment powers, so as to change certain provisions regarding items which qualify as redevelopment; to change certain provisions regarding financing costs which qualify as redevelopment costs; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest

Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, FEBRUARY 21, 2001

Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1015
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Turnquest of the 73rd and Watson of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 343. By Representative Bridges of the 9th:
A RESOLUTION honoring Mr. Kenneth Rogers Bridges and inviting him to appear before the House of Representatives; and for other purposes.

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 372. By Representatives Seay of the 93rd, Teague of the 58th, Sinkfield of the 57th, Kaye of the 37th, Walker of the 141st and others:
A BILL to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, so as to require secondary public schools to offer students who are at least 18 years old the

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JOURNAL OF THE HOUSE
opportunity to register to vote at the school during the first week of April of each year; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, so as to require secondary public schools to notify students who are eligible of their right to register to vote and to offer such students the opportunity to register to vote at the school during the month of April of each year; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"20-2-310. (a) Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. (b) Each eligible student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. Each eligible student shall be given an opportunity, arranged by the school administration, to register to vote at his or her school during the month of April of each year. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day.
(c)(1) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school.

WEDNESDAY, FEBRUARY 21, 2001

1017

(2) The State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America which shall include, as a minimum, specific instruction regarding respect for such flag and its display and use as provided by federal law and regulation, and under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. However, such instruction shall include, as a minimum, the provisions of 36 U.S.C. Sections 170 through 177."
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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers
Coan

Y Cox Y Crawford Y Cummings Y Davis N Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham E Mann Manning Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson

1018
Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B

Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Watson of the 70th 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 388. By Representatives Porter of the 143rd, McBee of the 88th, Pelote of the 149th and Mobley of the 69th:
A BILL to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to the certification of librarians, so as to authorize the State Board for the Certification of Librarians to require continuing education as a condition of renewal of a librarian's certificate; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese

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

Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, FEBRUARY 21, 2001

N Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Reichert Rice
Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1019
Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 510. By Representatives Parham of the 122nd, Stephens of the 150th, Graves of the 125th, Parrish of the 144th and Twiggs of the 8th:
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; to provide for penalties related to violations and restitution to the state for cleanup of environmental hazards; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

1020
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

HB 330. By Representatives Martin of the 47th and Campbell of the 42nd:
A BILL to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the family court division pilot project, so as to extend the pilot project until July 1, 2004; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, S Y Hugley
Irvin

Y Mueller Y Orrock Y Parham

Y Smith, C Y Smith, C.W Y Smith, L

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, FEBRUARY 21, 2001

Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1021
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Watson of the 70th 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, favorably reported by the Committee on Rules, were read and adopted:

HR 340. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Jackson of the 148th, Pelote of the 149th and others:

1022

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and honoring the Parade Committee Chairman Ted Robertson, the Grand Marshall, and other representatives of the Savannah St. Patrick's Day Parade Comittee and inviting them to appear before the House of Representatives; and for other purposes.
HR 341. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Jordan of the 96th, Ashe of the 46th, McKinney of the 51st and others: A RESOLUTION recognizing Morris Brown College and declaring "Morris Brown College Day" at the State Capitol on February 22, 2001; and for other purposes.
The following Resolutions of the House were read:
HR 346. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th: A RESOLUTION commending the Saint Paul African Methodist Episcopal Church; and for other purposes.
HR 347. By Representatives McKinney of the 51st, Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, Reed of the 52nd and others: A RESOLUTION commending Ollievette Allison; and for other purposes.
HR 348. By Representative Lunsford of the 109th: A RESOLUTION commending Mike Parris; and for other purposes.
HR 349. By Representatives Henson of the 65th, Stuckey of the 67th and Mobley of the 69th: A RESOLUTION recognizing the 75th anniversary of the City of Avondale Estates; and for other purposes.

WEDNESDAY, FEBRUARY 21, 2001

1023

HR 350. By Representatives Powell of the 23rd, Parrish of the 144th, Hanner of the 159th, Coleman of the 142nd, Walker of the 141st and others:
A RESOLUTION recognizing Martin NeSmith; and for other purposes.

HR 351. By Representatives Purcell of the 147th and Barnard of the 154th:
A RESOLUTION expressing regret at the passing of Honorable Charlie Rowland; and for other purposes.

HR 352. By Representative Pelote of the 149th: A RESOLUTION expressing regret at the passing of Earl Seabrooks, Sr.;

HR 353. By Representative Lunsford of the 109th: A RESOLUTION commending Greg Freeman; and for other purposes.

HR 354. By Representative Harrell of the 62nd:
A RESOLUTION commending the Georgia Council on Child Abuse and its 47 community-based councils and recognizing Thursday, February 22, 2001, as Child Abuse Prevention Day at the State Capitol; and for other purposes.

HR 355. By Representative Lunsford of the 109th: A RESOLUTION commending Carol Watts; and for other purposes.

HR 356. By Representative Lunsford of the 109th:
A RESOLUTION recognizing and commending Reverend Dr. Roy Hardy; and for other purposes.

HR 357. By Representatives Teague of the 58th, Brooks of the 54th, Teper of the 61st, Lucas of the 124th and Holmes of the 53rd:

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JOURNAL OF THE HOUSE
A RESOLUTION expressing regret at the passing of Barbara Ann Martin; and for other purposes.

HR 358. By Representative Lunsford of the 109th: A RESOLUTION commending Elizabeth Watkins; and for other purposes.

HR 359. By Representatives McCall of the 90th, Sims of the 167th, Williams of the 83rd and Powell of the 23rd:
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; and for other purposes.

HR 360. By Representative Reichert of the 126th: A RESOLUTION commending Jacob Cox; and for other purposes.

HR 361. By Representative Bell of the 25th:
A RESOLUTION commending Mr. Morris Bryan, Jr., Mr. R.H. McEver, Mr. Jack Mackemson, and Mr. Charles McCollum; and for other purposes.

HR 362. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Jackson of the 148th, Pelote of the 149th and others:
A RESOLUTION commending Joshua Gray; and for other purposes.

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, FEBRUARY 21, 2001

Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1025
Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 159, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and 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 645 Do Pass

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 470 Do Pass HB 585 Do Pass, by Substitute HR 275 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 154 Do Pass, by Substitute HB 652 Do Pass, by Substitute HB 665 Do Pass

Respectfully submitted, /s/ Hudson of the 156th
Chairman

WEDNESDAY, FEBRUARY 21, 2001

1027

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 631 Do Pass, by Substitute

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 19 Do Pass

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

Representative Twiggs of the 8th 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:

1028
HR 270 Do Pass HR 271 Do Pass HR 272 Do Pass

JOURNAL OF THE HOUSE

SR 41 SR 58 SR 70

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

THURSDAY, FEBRUARY 22, 2001

1029

Representative Hall, Atlanta, Georgia Thursday, February 22, 2001
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 Joe E. Edwards, Pastor, Cartersville Church of God, Cartersville, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 701. By Representatives Stokes of the 92nd, Martin of the 47th, Dix of the 76th, Ragas of the 64th and Sims of the 167th: A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to change the definition of a career consulting firm; to clarify the administrator's authority to issue orders; to allow the administrator to take action in all courts of appropriate jurisdiction; and for other purposes.
Referred to the Committee on Judiciary.
HB 702. By Representative Jamieson of the 22nd: A BILL to amend an Act creating a board of commissioners of Stephens County, so as to provide for additional qualifications of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 703. By Representative Purcell of the 147th: A BILL to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 704. By Representative Jamieson of the 22nd: A BILL to amend an Act incorporating the City of Toccoa, so as to provide

THURSDAY, FEBRUARY 22, 2001

1031

for additional qualifications of members of the city commission; and for other purposes.

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

HB 705. By Representatives Mills of the 21st and Smith of the 19th:
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 income limitation of the existing exemption; to provide for a new exemption for certain residents of that school district who are 75 years of age or older; and for other purposes.

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

HB 706. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to require certain insurance proceeds for property damage or loss for a motor vehicle to be jointly payable to the holder of a security interest in or lien on said motor vehicle and the claimant; to provide for a payment by an insurer which violates the requirements of this provision; and for other purposes.

Referred to the Committee on Insurance.

HB 707. By Representatives Golick of the 30th, Wix of the 33rd, Parsons of the 40th, Johnson of the 35th, Cooper of the 31st and others:
A BILL to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to change provisions relating to the exemption of certain business inventory from taxation, commonly known as the freeport exemption; to authorize the

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JOURNAL OF THE HOUSE
granting of an exemption for all tangible personal property consisting of business property of a taxpayer; and for other purposes.

Referred to the Committee on Ways & Means.

HB 708. By Representatives Stuckey of the 67th, Ashe of the 46th, Irvin of the 45th and Henson of the 65th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to limit certain prohibitions upon advertising in or on transit agency vehicles and facilities; and for other purposes.

Referred to the Committee on Transportation.

HB 709. By Representatives Harbin of the 113th, Jackson of the 112th, Purcell of the 147th and Powell of the 23rd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, related to the imposition, rate, and computation of income taxes, so as to authorize the commissioner of industry, trade, and tourism to designate certain counties as eligible for tax credits for business enterprises locating there under certain circumstances; and for other purposes.

Referred to the Committee on Ways & Means.

HB 710. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; and for other purposes.

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

THURSDAY, FEBRUARY 22, 2001

1033

HB 711. By Representatives Stokes of the 92nd, Walker of the 141st, Smyre of the 136th, Coleman of the 142nd, Jamieson of the 22nd and others:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plans, so as to provide for senior citizens of this state to obtain cards enabling them to obtain prescription drugs at reduced prices; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 712. By Representatives Cash of the 108th, Jamieson of the 22nd, Cox of the 105th, Watson of the 70th and Lunsford of the 109th:
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 change time periods for the decision of the disciplinary officer, panel, or tribunal, for the notice of appeal, and for the decision by the local board of education; and for other purposes.
Referred to the Committee on Education.
HB 713. By Representatives Seay of the 93rd, Powell of the 23rd, Barnes of the 97th, Dodson of the 94th and Jordan of the 96th:
A BILL to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to require the development of a method for providing voters who register at driver's license locations with a receipt or other proof showing they made application to register to vote; to provide the procedure to be followed when the names of voters who registered at driver's license locations do not appear on the list of electors; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 714. By Representative Everett of the 163rd:
A BILL to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication, so as to provide that a landowner shall be presumed to have dedicated land for a public road if such land had been used as such for at least seven years; to provide that a political subdivision shall be presumed to have accepted a dedication if it has performed maintenance or repair to such land; and for other purposes.

Referred to the Committee on Judiciary.

HB 715. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; and for other purposes.

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

HB 716. By Representatives Harbin of the 113th, Graves of the 125th, Watson of the 70th and Parrish of the 144th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Fair Insurance Business Practices Act of 2001"; to provide for a short title; to provide for legislative findings; to provide for the regulation of health insurance carriers who secure for their enrollees the professional services of physicians through physician contracts; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions; and for other purposes.

Referred to the Committee on Insurance.

HB 717. By Representative Crawford of the 129th:
A BILL to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to law assistants and court administrators for judicial

THURSDAY, FEBRUARY 22, 2001

1035

circuits, so as to provide for minimum compensation from state funds for certain law assistants; and for other purposes.

Referred to the Committee on Judiciary.

HB 718. By Representatives Crawford of the 129th and Jamieson of the 22nd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, so as to authorize and direct the Department of Human Resources and the State Board of Education to promulgate rules and regulations relating to annual inspection by county boards of health of the indoor air quality of public schools; to provide for testing and notice, additional inspections and testing, and alterations of schools in certain circumstances; and for other purposes.

Referred to the Committee on Education.

HB 719. By Representatives James of the 140th, McCall of the 90th, Crawford of the 129th, Hudson of the 156th and Sims of the 167th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise and restate the law governing the practice of veterinary medicine and the licensure and regulation of veterinarians, veterinary technicians, and veterinary facilities; to define terms; to provide for the scope of veterinary practice; to provide for the State Board of Veterinary Medicine and its powers and duties, membership, selection, compensation, and service; to provide for standards and requirements for licensing of veterinarians; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 720. By Representatives Harbin of the 113th, Watson of the 70th, Graves of the 125th and Burkhalter of the 41st:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for definitions; to require health care insurers to provide their insureds with explanation of

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benefits statements; to provide for the contents of such explanation of benefits; to provide for uniformity of such explanation of benefits statements; to provide that the failure to provide explanation of benefits statements in accordance with law shall constitute an unfair trade practice; and for other purposes.

Referred to the Committee on Insurance.

HB 721. By Representatives Buckner of the 95th, Barnes of the 97th, Jordan of the 96th, Cox of the 105th, Seay of the 93rd and others:
A BILL to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessment of effectiveness of educational programs, so as to provide for further disaggregation of student performance data to include providing student performance data based upon length of attendance at the school at which the assessment instrument was administered; and for other purposes.

Referred to the Committee on Education.

HB 722. By Representatives Teper of the 61st, Ehrhart of the 36th, Snow of the 2nd, McCall of the 90th, Coan of the 82nd 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 change provisions relating to the state sales and use tax exemption for packaging materials; and for other purposes.

Referred to the Committee on Ways & Means.

HB 723. By Representatives Stallings of the 100th, West of the 101st, Henson of the 65th, Unterman of the 84th, Yates of the 106th and others:
A BILL to amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, so as to provide for additional powers of the commission; and for other purposes.

THURSDAY, FEBRUARY 22, 2001

1037

Referred to the Committee on Human Relations & Aging.
HB 724. By Representatives Henson of the 65th, Watson of the 70th, Turnquest of the 73rd, Golick of the 30th and Hugley of the 133rd:
A BILL to amend Code Section 20-2-55, relating to per diem and expenses of members of county boards of education, so as to authorize the inclusion of members of such boards in certain health insurance plans; to amend Code Section 45-18-5, relating to county officers and employees' insurance and benefit plans, so as to allow county board members to participate in such plans; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 725. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Royal of the 164th and Parrish of the 144th:
A BILL to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt employee purchase programs facilitated by the Georgia Technology Authority from the prohibition on personal purchases through the authority; to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions, so as to authorize any department, agency, authority, or political subdivision of this state to deduct designated amounts from the salaries or wages of its employees for the purpose of payment of indebtedness for certain employee purchase programs facilitated by and through the Georgia Technology Authority; and for other purposes.
Referred to the Committee on Industry.
HR 344. By Representatives Golick of the 30th, Wix of the 33rd, Parsons of the 40th, Johnson of the 35th, Cooper of the 31st and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the exemption by

1038

JOURNAL OF THE HOUSE
counties or municipalities of tangible personal property consisting of business inventory; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 345. By Representative Parham of the 122nd:
A RESOLUTION re-creating the Joint Study Committee on Historic Local Government Records; and for other purposes.

Referred to the Committee on Rules.

HR 363. By Representatives Keen of the 174th, Mueller of the 152nd, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that commercial fishing 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 commercial fishing 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; and for other purposes.

Referred to the Committee on Ways & Means.

HR 364. By Representatives Keen of the 174th, Mueller of the 152nd, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that dockside facilities whose primary use is the landing and processing of seafood 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 such dockside facilities

THURSDAY, FEBRUARY 22, 2001

1039

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; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685 HB 686 HB 687 HB 688 HB 689

HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 700 HR 339 HR 342 SB 33 SB 57 SB 161 SB 182 SB 203

Pursuant to Rule 52, Representative Hembree of the 98th moved that the following Bill of the House be engrossed:

HB 689. By Representatives Hembree of the 98th, Powell of the 23rd, Wiles of the 34th, Roberts of the 162nd and Yates of the 106th:
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

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JOURNAL OF THE HOUSE
change the definition of "authentic historical Georgia license plate"; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Stanley of the 49th moved that the following Bill of the House be engrossed:

HB 690. By Representatives Stanley of the 49th, Massey of the 86th, Stanley of the 50th, Powell of the 23rd and McCall of the 90th:
A BILL to amend Code Section 16-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses, so as to change a certain definition; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Stanley of the 49th moved that the following Bill of the House be engrossed:

HB 691. By Representatives Stanley of the 49th, Stanley of the 50th, Powell of the 23rd, Massey of the 86th, McCall of the 90th and others:
A BILL to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers and temporary renewal permits, so as to provide that a person convicted of a felony offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug shall be ineligible to obtain such license; and for other purposes.

The motion prevailed.

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

THURSDAY, FEBRUARY 22, 2001

1041

Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 332 Do Pass, by Substitute HB 593 Do Pass

Respectfully submitted, /s/ Byrd of the 170th
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 266 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 668 Do Pass HB 670 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 22, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

HB 250
HB 253 HB 276 HB 298 HB 383 HB 443 HB 479 HB 509 HB 582

License plates and fees; redesignate certain provisions in Title 48 to Title 40 Motor vehicles; registration; amend provisions State prison warden; motor vehicle; repeal certain provision State auditor; compensation Physician's assistants; allowable number Annexations; reports to Department of Community Affairs Elections; amend provisions Income tax credits; low-income housing Revenue and Taxation Code; technical corrections; clarifications

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:

THURSDAY, FEBRUARY 22, 2001

1043

HB 668. By Representative Hudson of the 120th:
A BILL to amend an Act reincorporating the City of Crawfordville, so as to change the provisions relating to the powers and duties of the mayor and vice mayor; to change the provisions relating to the filling of vacancies in the office of mayor or councilmember; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 670. By Representatives Murphy of the 18th and Stallings of the 100th:
A BILL to amend an Act providing a new charter for the City of Bremen, so as to provide that all taxes collected by the city for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education on a regular periodic basis; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, 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:

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SB 106. By Senators Price of the 56th and Haines of the 46th:
A bill to be entitled an Act to amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to the statute of limitations on prosecution of certain offenses involving a victim under 16 years of age, so as to extend the time from which the applicable period within which a prosecution must be commenced begins to run; to repeal conflicting laws; and for other purposes.
SB 110. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, so as to provide for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs; to include certain medical records; to repeal conflicting laws; and for other purposes.
SB 136. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to be entitled an Act to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation in certain counties, so as to repeal certain provisions requiring approval of a proposed annex by the governing authority of any county in this state having a population of not less than 480,000 nor more than 580,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 188. By Senators Jackson of the 50th, Starr of the 44th, Cheeks of the 23rd, Dean of the 31st and Kemp of the 3rd:
A bill to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate disposition of marine dealers inventory following termination of a franchise, selling, or other contractual agreement; to provide legislative findings and declarations; to define certain terms; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 218. By Representatives Purcell of the 147th, Ray of the 128th, Greene of the 158th, Floyd of the 138th and Teper of the 61st:

THURSDAY, FEBRUARY 22, 2001

1045

A RESOLUTION declaring February 22, 2001, 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 community; and for other purposes.

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

SB 106. By Senators Price of the 56th and Haines of the 46th:
A bill to be entitled an Act to amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to the statute of limitations on prosecution of certain offenses involving a victim under 16 years of age, so as to extend the time from which the applicable period within which a prosecution must be commenced begins to run; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 110. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, so as to provide for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs; to include certain medical records; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 136. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to be entitled an Act to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation in certain counties, so as to repeal certain provisions requiring approval of a proposed annex by the governing authority of any county in this state having

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a population of not less than 480,000 nor more than 580,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 188. By Senators Jackson of the 50th, Starr of the 44th, Cheeks of the 23rd, Dean of the 31st and Kemp of the 3rd:
A bill to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate disposition of marine dealers inventory following termination of a franchise, selling, or other contractual agreement; to provide legislative findings and declarations; to define certain terms; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

The following Resolution of the House was read:

HR 365. By Representatives Murphy of the 18th, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and Coleman of the 142nd

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 22, 2001, and shall reconvene on Monday, February 26, 2001, and that as authorized by Code Section 28-12, 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 2001 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,

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1047

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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 19. By Representatives Bannister of the 77th, Dix of the 76th, Coan of the 82nd and Unterman of the 84th:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.

HR 266. By Representatives Heckstall of the 55th, Epps of the 131st and Brooks of the 54th:
A RESOLUTION recognizing the Honorable Winnie Mandela and inviting her to appear before the House of Representatives; and for other purposes.

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

HR 366. By Representative Skipper of the 137th:
A RESOLUTION commending the Americus High School Panthers football team; inviting the coaches and players to appear before the House of Representatives; and for other purposes.

HR 367. By Representative Bell of the 25th:
A RESOLUTION recognizing the Jefferson High School Wrestling Team and inviting them to appear before the House of Representatives; and for other purposes.

HR 368. By Representative Channell of the 111th:
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; and for other purposes.

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HR 369. By Representatives Manning of the 32nd, Parsons of the 40th, Johnson of the 35th, Wix of the 33rd, Cooper of the 31st and others:
A RESOLUTION recognizing and commending Dr. Nelson L. Price and inviting him to appear before the House of Representatives; and for other purposes.
HR 370. By Representative Smith of the 91st:
A RESOLUTION congratulating the Morgan County High School Wrestling Team on its third state wrestling championship and inviting team members to appear before the House of Representatives; and for other purposes.
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 479. By Representatives Holmes of the 53rd, Hudson of the 120th, DeLoach of the 172nd and Watson of the 70th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons are not eligible for party nomination, public office, or the performance of certain official acts; to provide that the Secretary of State shall not serve in a fiduciary role in any campaign of a candidate for an office which must be certified by the Secretary of State; to require that the municipal superintendent must be appointed in a public meeting and the appointment recorded on the minutes of the meeting; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons are not eligible for party nomination, public office, or the performance of certain official acts; to provide that the Secretary of State shall not serve in a fiduciary role in any campaign of a candidate for an office which must be certified by the Secretary of State; to require that the municipal superintendent must be appointed in a

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public meeting and the appointment recorded on the minutes of the meeting; to provide for a municipal superintendent when the governing authority fails to appoint; to prohibit certain persons from serving as municipal superintendents; to require superintendents to instruct all poll officers and workers in election procedures and issue certifications and notify the Secretary of State of the completion of such training; to prohibit a poll officer or worker who has not been trained in election procedures from serving except in limited circumstances; to require county election superintendents and registrars to receive 12 hours training annually; to provide that all state and county executive committees of political parties shall file a list of their members with the appropriate election official; to provide that all run-off elections shall be held on the twenty-first day after the preceding election; to provide that qualifying fees shall be fixed at least 35 days prior to a special primary or special election; to provide for the apportioning of qualifying fees under certain circumstances; to provide that the word "withdrawn" shall be stamped across the name of a withdrawn candidate on printed ballots if reprinting the ballots is not practicable; to provide that a candidate cannot seek certain offices in the same primary or election; to require that the minimum time for qualifying for a special primary or election shall be two and one-half days; to provide that the election superintendent shall qualify county political party candidates under certain circumstances; to provide that a copy of each candidates declaration of candidacy and affidavit accompany the certification of party candidates for a primary; to require that persons signing a nominating petition be urged to provide their dates of birth for use in verifying the petition; to provide that registrars and deputy registrars shall be electors of the state and have not been convicted of certain crimes; to authorize the appointing authority to investigate the criminal history of a registrar or deputy registrar prior to making such appointment; to require registrars at certain education institutions to receive training annually; to provide that the Secretary of State may make voter registration forms available through printed forms, electronic means, and otherwise; to provide that disabled and illiterate individuals may receive assistance in completing voter registration applications; to provide that persons assisting disabled and illiterate individuals in completing voter registration forms shall sign such forms; to provide that certain additional voter registration locations transmit completed voter registration applications on a weekly basis except in the 15 days prior to a registration deadline when they shall be transmitted daily; to require municipalities to reimburse county registrars for the costs of postage when the county registrars must send out new registration cards to voters as a result of changes in municipal districts or precincts; to require that registrars send a voter registration application to voters who are removed from the electors list for moving to a new address in a different county and notify the voter that the voter must reregister; to authorize certain counties to establish polling places outside of the boundaries of a precinct to better serve the needs of the voters; to authorize the printing on the ballots or ballot labels of the address of candidates having the same or similar names; to provide that no special or general election shall be held in a municipality where there is no opposed candidate on the ballot unless more than one write-in candidate has qualified; to provide that the Secretary of State may reexamine voting machines, vote recorders, tabulating machines, optical scanning voting systems,

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and direct electronic recording voting systems if it appears that such devices cannot be safely or accurately used because of any problem concerning the ability of the devices to accurately record or tabulate votes; to require superintendents to certify to the Secretary of State prior to each primary or election that all voting in the primary or election will take place on properly certified voting equipment; to establish penalties for vendors selling uncertified equipment and to provide for the State Election Board to impose such penalties; to provide for the testing of voting equipment prior to special primaries, special elections, and referendum elections; to authorize the printing on the ballot of the residence addresses of candidates with similar names under certain circumstances; to provide that municipal governing authorities shall appoint absentee ballot clerks; to require that absentee ballot applications distributed by persons, entities, or organizations shall list all acceptable categories of absentee voters and require the voter to select the category which qualifies the voter to vote by absentee ballot; to provide that absentee ballot applications may be certified by the signature or initials of the registrar or absentee ballot clerk; to change the form of the voters certificate; to authorize the registrars to make such corrections as necessary to the electors list; to provide for assistance to disabled or illiterate voters in federal elections; to prohibit the use of cellular telephones, electronic communication devices, and other photographic or electronic recording devices at polling places under certain conditions; to eliminate the inclusion of those persons who received assistance in voting on the electors list; to raise the age of children accompanying voters in the enclosed space from 12 to 18 years of age; to provide for when municipal officers shall be sworn in under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-8, relating to the eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, in its entirety and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:
"21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such persons civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public

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funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent."
SECTION 2. Said title is further amended by striking Code Section 21-2-50, relating to the powers and duties of the Secretary of State, and inserting in lieu thereof a new Code Section 21-2-50 to read as follows:
"21-2-50. (a) The Secretary of State shall exercise all the powers granted to the Secretary of State by this chapter and shall perform all the duties imposed by this chapter, which shall include the following:
(1) To determine the forms of nomination petitions, ballots, and other forms the Secretary of State is required to determine under this chapter; (2) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing, in accordance with this chapter, and to settle any disputes concerning such statements; (3) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with the Secretary of State in accordance with this chapter; (4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election; (5) To furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, recap sheets, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as the Secretary of State shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use; (6) To receive from the superintendent the returns of primaries and elections and to canvass and compute the votes cast for candidates and upon questions, as required by this chapter;

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(7) To furnish upon request a certified copy of any document in the Secretary of States custody by virtue of this chapter and to fix and charge a fee to cover the cost of furnishing same; (8) To perform such other duties as may be prescribed by law; (9) To determine and approve the form of ballots for use in special elections; (10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for further distribution to candidates for county and militia district offices; (11) To conduct training sessions at such places as the Secretary of State deems appropriate in each year, for the training of registrars and superintendents of elections; (12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law; (13) To prepare and furnish information for citizens on voter registration and voting; and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter. (b) As the states chief election official, the Secretary of State shall not serve in any fiduciary capacity for the campaign of any candidate whose election will be certified by the Secretary of State. Nothing in this subsection shall prohibit the Secretary of State from organizing and operating his or her own campaign for election to public office."
SECTION 3. Said title is further amended by striking subsection (b) of Code Section 21-2-70.1, relating to the eligibility of municipal superintendents, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. The appointment shall be made in a public meeting and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct election in which such candidates name appears on the ballot in any primary or election."
SECTION 4. Said title is further amended by striking Code Section 21-2-99, relating to instruction of poll officers as to use of voting machines or vote recorders, and inserting in lieu thereof a

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new Code Section 21-2-99 to read as follows: "21-2-99. (a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers or poll workers duties in connection therewith before the first election in each election cycle. In precincts in which voting machines or vote recorders are to be used, the superintendent, the custodians appointed by him or her, or a qualified poll officer shall give instructions regarding the use of the voting machines or vote recorders, and regarding their duties in connection therewith, to all poll officers who are to serve at the primary or election and who have not been previously instructed and found qualified. Upon successful completion of such instruction, the superintendent shall give to each poll officer and poll worker a certificate to the effect that such poll officer person has been found qualified to conduct such primary or election with the particular type of voting machine or vote recorder equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction and receive such instructions as shall be necessary for the proper conduct of the primary or election with voting machines or vote recorders. (b) No poll officer or poll worker shall serve at any primary or election at which a voting machine or vote recorder is used unless he or she shall have received such instructions, as described in subsection (a) of this Code Section; shall have been found qualified to perform his or her duties in connection with the machine or recorder, type of voting equipment to be used in that jurisdiction; and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer or poll worker to fill a vacancy arising on the day of a primary or election or on the preceding day."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 21-2-100, relating to training of local election officials, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The election superintendent and at least one registrar of the county or municipality or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours training biennially annually as may be selected by the Secretary of State. The election superintendent and at least one registrar of each municipality shall attend a minimum of 12 hours training biennially as may be selected by the Secretary of State."

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SECTION 6. Said title is further amended by striking subsection (a) of Code Section 21-2-111, relating to establishment of state and county executive committees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each political party shall establish and maintain a state executive committee exercising state-wide jurisdiction and control over party affairs and a county executive committee in each county in which it holds a primary, exercising county-wide jurisdiction and control over party affairs. A party may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the state executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable, and a list of all such committees shall be filed with the appropriate election official for the state or county. The state executive committee shall have the same power over municipal party executive committees as it has over county party executive committees."
SECTION 7. Said title is further amended by striking subsections (a) and (c) of Code Section 21-2131, relating to the fixing and publishing of qualifying fees, in their entirety and inserting in lieu thereof a new subsections (a) and (c) to read as follows:
"(a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the

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office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office." "(c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the partys certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the partys certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in the candidates district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (3) Qualification fees paid to the superintendent of the county: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; and (B) If the person qualifies directly with the election superintendent as a candidate of a political party in accordance with subsection (c) of Code Section 21-2-153, 25 percent shall be transmitted to the state executive committee of the appropriate political party and 75 percent shall be retained by the superintendent of the county; and (B) (C) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows:

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(A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (5) Qualification fees paid to the superintendent of a municipality: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the municipality; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the municipality shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the municipality, to be applied toward the cost of holding the election."
SECTION 8. Said title is further amended by striking subsection (a) of Code Section 21-2-134, relating to the withdrawal, death, or disqualification of candidate for office, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate, and, if reprinting is not practicable, the word 'withdrawn' shall be stamped over the name of the candidate who has withdrawn on all types of printed ballots. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate. (2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if

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qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate, and, if reprinting is not practicable, the word 'withdrawn' shall be stamped over the name of the candidate who has withdrawn on all types of printed ballots. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
SECTION 9. Said title is further amended by striking Code Section 21-2-136, relating to restriction on number of offices for which an individual may be nominated or be a candidate at any one election, in its entirety and inserting in lieu thereof a new Code Section 21-2-136 to read as follows:
"21-2-136. No person shall be nominated, nor shall any person be a candidate in a primary, election, or special election, for more than one of the following public offices to be filled at any one election or special election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, members of the Senate and House of Representatives of the General Assembly, judge of superior court, district attorney, any elected county officer, and any elected municipal officer."
SECTION 10. Said title is further amended by striking subsections (c) and (d) of Code Section 21-2153, relating to the qualification of candidates for party nomination in a state or county primary, in their entirety and inserting in lieu thereof a new subsections (c) and (d) to read as follows:
"(c)(1) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such

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days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (2) If a political party has not designated at least 14 days prior to the beginning of qualifying a party official in a county with whom the candidates of such party for county elective offices shall qualify, the election superintendent of the county shall qualify candidates on behalf of such party. The election superintendent shall give notice in the legal organ of the county at least three days before the beginning of qualifying giving the dates, times, and location for qualifying candidates on behalf of such political party. (d)(1) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committees office is located. If the election superintendent qualifies the candidates for a political party in accordance with subsection (c) of this Code section, the election superintendent shall post at the county courthouse a list of all the candidates who have qualified with such superintendent for such political party. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor."
SECTION 11. Said title is further amended by striking subsection (a) of Code Section 21-2-153.1, relating to the qualification of candidates for party nomination in a municipal primary, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Unless otherwise provided by law, all candidates for party nomination in a municipal primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general municipal primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. In the case of a special municipal primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section."
SECTION 12. Said title is further amended by striking subsection (a) of Code Section 21-2-154, relating

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to the certification of political party candidates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2131 and a copy of the declaration of candidacy and affidavit of each such candidate. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. When the election superintendent qualifies candidates on behalf of a political party pursuant to subsection (c) of Code Section 21-2-153, the election superintendent shall certify at or before 12:00 Noon on the third day after the deadline for qualifying, on forms provided by the Secretary of State, all those candidates of such political party who qualified with the election superintendent."
SECTION 13. Said title is further amended by striking subsection (c) of Code Section 21-2-170, relating to the nomination of candidates by petition, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Each person signing a nomination petition shall declare therein that he or she is a duly qualified and registered elector of the state, county, or municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any, and be urged to add the persons date of birth which shall be used for verification purposes. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except any political body seeking to have the names of its candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile its petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation."
SECTION 14. Said title is further amended by striking subsection (a) of Code Section 21-2-214, relating to the qualifications of registrars and deputy registrars, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) Registrars and deputy registrars shall be electors of the state county or municipality in which they are appointed and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicants criminal history before making such appointment."
SECTION 15. Said title is further amended by striking subsection (g) of Code Section 21-2-215, relating to the main office of board of registrars, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, the president of each state supported technical institute in this state, and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from those qualified applicants who are enrolled students within the principals school or the presidents college, university, or institute or who are employed by the private high school, the school system, the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, university, or institute is located. Such principals, assistant principals, presidents, and their designees shall inform their students and employees of the availability of such voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the president of each state supported technical institute are authorized to invite other deputy registrars to the school, college, university, or institute for the purpose of conducting voter registration. All such deputy registrars authorized by this subsection shall receive annual training by the board of registrars of the county in which such deputy registrar shall work."
SECTION 16. Said title is further amended by striking subsection (a) of Code Section 21-2-219, relating to voter registration cards, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National

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Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration."
SECTION 17. Said title is further amended by adding a new subsection (e) to Code Section 21-2-220, relating to application for voter registration, to read as follows:
"(e) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance."
SECTION 18. Said title is further amended by striking subsection (i) of Code Section 21-2-222, relating to designated voter registration agencies and offices, in its entirety and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) Each office shall transmit the completed voter registration application forms to the Secretary of State at least once per week, except that, during the 15 days leading up to a registration deadline for a primary or election, such applications shall be transmitted to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicants name to the list of electors and to place the applicant in the correct precinct and voting districts."
SECTION 19. Said title is further amended by adding a new subsection (g) to Code Section 21-2-226, relating to the duties of the county board in determining eligibility of voters, to read as follows:
"(g) In the event that the registrars of a county, serving as registrars for a municipality, are required to issue voters in a municipality new cards under subsection (e) of this Code section due to changes in municipal districts or precincts, the municipality shall reimburse the county registrars for the cost of postage in mailing such cards to the voters."
SECTION 20. Said title is further amended by striking Code Section 21-2-233, relating to the comparison of change of address information supplied by United States Postal Service with electors list, in its entirety and inserting in lieu thereof a new Code Section 21-2-233 to read as follows:
"21-2-233. (a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed.

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(b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the electors name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the electors current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an electors name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the electors present county of registration, the registrars shall notify the elector in writing at the electors new address that the electors name is being deleted from the list of electors for that county and that the elector must reregister in the new county of residence in order to be eligible to vote. The registrars shall provide the person with the appropriate form for registration at the time of such notice. (d)(e) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote."
SECTION 21. Said title is further amended by striking subsection (e) of Code Section 21-2-265, relating to the duty of superintendents to fix polling places, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, for the 1996 general primary, in counties with a population of 400,000 or more persons according to the United States decennial census of 1990 or any future such census, the The superintendent may establish the polling place for a precinct outside the boundaries of the precinct if there is no suitable facility within the precinct which could be used as a polling place and if, by so doing, such polling place would better serve the needs of the voters for that primary."

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SECTION 22. Said title is further amended by striking Code Section 21-2-291, relating to procedure as to unopposed candidates, in its entirety and inserting in lieu thereof a new Code Section 21-2-291 to read as follows:
"21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a more than one write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493."
SECTION 23. Said title is further amended by striking Code Section 21-2-324, relating to the examination and approval of voting machines by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-324 to read as follows:
"21-2-324. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any voting machine may request the Secretary of State to examine the machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any voting machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination; provided, however, that in the case of a request by ten or more electors the examination fee shall be $250.00. The Secretary of State may, at any time, in his or her discretion, reexamine any voting machine. (b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners whom he or she shall appoint for the purpose, of whom one shall be an expert in patent law and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State shall examine the machine and shall make and file, together with the reports of the appointed examiners, his or her own report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If his or her report states that the machine can be so used, the machine shall be deemed approved; and machines of its kind may be adopted for use at primaries and elections as provided in this chapter.

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(c) No kind of voting machine not so approved shall be used at any primary or election and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of a substantial defect in design any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such voting machine shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of voting machines that have not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (d)(f) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the machine or of its kind. (e)(g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof. (f)(h) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State."
SECTION 24. Said title is further amended by inserting a new Code Section 21-2-325.1 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 of all candidates for such nomination or office on the ballot labels 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 of all candidates for that office on the ballot labels; and the decision of the designated official shall be conclusive."

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SECTION 25. Said title is further amended by striking subsection (c) of Code Section 21-2-327, relating to preparation of voting machines, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates."
SECTION 26. Said title is further amended by striking Code Section 21-2-353, relating to examination and approval of vote recorders and tabulating machines by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-353 to read as follows:
"21-2-353. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any vote recorder or tabulating machine may request the Secretary of State to examine the vote recorder or tabulating machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any

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vote recorder or tabulating machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any vote recorder or tabulating machine. (b) The Secretary of State shall thereupon examine or reexamine such vote recorder or tabulating machine and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of vote recorder or tabulating machine so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the vote recorder or tabulating machine can be so used, the recorder or tabulating machine shall be deemed approved; and vote recorders and tabulating machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of vote recorder or tabulating machine not so approved shall be used at any primary or election and if, upon the reexamination of any vote recorder or tabulating machine previously approved, it shall appear that the vote recorder or tabulating machine so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such vote recorder or tabulating machine shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of vote recorders or tabulating machines that have not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (d)(f) When a vote recorder or tabulating machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the vote recorder or tabulating machine, or of its kind. (e)(g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any vote recorder or tabulating machine or in the manufacture or sale thereof. (f)(h) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State."

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SECTION 27. Said title is further amended by inserting a new Code Section 21-2-354.1 to read as follows:
"21-2-354.1. 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 of all candidates for such nomination or office on the ballot labels 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 of all candidates for that office on the ballot labels; and the decision of the designated official shall be conclusive."
SECTION 28. Said title is further amended by striking subsection (c) of Code Section 21-2-359, relating to the preparation of vote recorders, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, 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 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 voting 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 29. Said title is further amended by striking Code Section 21-2-368, relating to review of optical scanning voting systems by Secretary of State, in its entirety and inserting in lieu

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thereof a new Code Section 21-2-368 to read as follows: "21-2-368. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of optical scanning voting system that has not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (d)(f) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e)(g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person

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involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof."
SECTION 30. Said title is further amended by inserting a new Code Section 21-2-369.1 to read as follows:
"21-2-369.1. 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 of all candidates for such nomination or office on the ballot 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 of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive."
SECTION 31. Said title is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning voting systems, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. 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 ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election."

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SECTION 32. Said title is further amended by striking Code Section 21-2-379.2, relating to review of manufacturers electronic voting system by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-379.2 to read as follows:
"21-2-379.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of a direct electronic voting system that has not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (d)(f) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e)(g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person

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involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof."
SECTION 33. Said title is further amended by striking Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, in its entirety and inserting in lieu thereof a new Code Section 21-2-380.1 to read as follows:
"21-2-380.1. The municipal governing authority 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 34. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 21-2-381, relating to the making of application for absentee ballot, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) All applications Any application for an official absentee ballot that is are distributed by a person, entity, or organization shall require a voter to identify list thereon which one all of the legally acceptable categories of absentee electors listed contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies authorizes the voter elector to vote by absentee ballot."
SECTION 35. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-386, relating to the safekeeping, certification, and validation of absentee ballots, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or

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absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by firstclass mail that the electors ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election."
SECTION 36. Said title is further amended by striking subsection (a) of Code Section 21-2-402, relating to the preparation of voters certificates by Secretary of State, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voters certificates which shall be in substantially the following form:
VOTERS CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on ______________, and that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name, and that I am a citizen of the United States and am not currently serving a sentence for a felony conviction. I understand that making a false statement on this certificate is a felony under Code Section 21-2562.
Signature _________________________ Current residence address of elector: _____________________________________________________________________ Electors date of birth: __________________________________________________ Name or initials of poll officer receiving voters certificate: _____________________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following:__________________________________________________________ ___________________________________________________________________

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___________________________________________________________________

______________________ Signature of poll officer
Number of stub of ballot or number of admission to voting machine: _____________"
SECTION 37. Said title is further amended by striking Code Section 21-2-407, relating to the duty of registrars to review qualifications of electors who may have been erroneously omitted from the list of electors, in its entirety and inserting in lieu thereof a new Code Section 21-2-407 to read as follows:
"21-2-407. The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list or make other corrections to the list as necessary."
SECTION 38. Said title is further amended by striking subsection (d) of Code Section 21-2-408, relating to poll watchers, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, using photographic or other electronic monitoring or recording devices, using cellular telephones, or participating in any form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."

THURSDAY, FEBRUARY 22, 2001

1075

SECTION 39. Said title is further amended by striking subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the electors choice except the electors employer or agent of that employer or officer or agent of the electors union. (2) In all other elections, any Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph."
SECTION 40. Said title is further amended by striking Code Section 21-2-411, relating to return of checked list of electors and voters certificates to superintendent, in its entirety and inserting in lieu thereof a new Code Section 21-2-411 to read as follows:
"21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and those who received assistance in voting and the voters certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voters certificates for at least 24 months and such electors lists for at least five years, and the same shall be available for public inspection."
SECTION 41. Said title is further amended by striking Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, in its entirety and inserting in lieu thereof a new Code Section 21-2-413 to read as follows:
"21-2-413. (a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another except when giving assistance as permitted by this chapter. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time; and, if such elector shall refuse to leave after such period, he or she shall be removed by the poll officers. (c) No elector except a poll officer or poll watcher shall reenter the enclosed space after he or she has once left it except to give assistance as provided by this chapter. (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter

1076

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be posted within the room, except as required by this chapter. The prohibitions contained within Code Section 21-2-414 shall be equally applicable within the polling place and no elector shall violate the provisions of Code Section 21-2-414. (e) No elector shall use photographic or other electronic monitoring or recording devices or cellular telephones while such elector is within the enclosed space in a polling place. (e)(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons children under 12 18 years of age accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such electors child or children under 12 18 years of age unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances. (f)(g) When the hour for closing the polls shall arrive, all electors who have already qualified and are inside the enclosed space shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so if found qualified, but no other persons shall be permitted to vote. (g)(h) It shall be the duty of the chief manager to secure the observances of this Code section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this chapter. Further, from the time a polling place is opened until the ballots are delivered to the superintendent, the ballots shall be in the custody of at least two poll officers at all times. (h)(i) No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 250 150 feet of any polling place."
SECTION 42. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, in its entirety and inserting in lieu thereof a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day:

THURSDAY, FEBRUARY 22, 2001

1077

(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) No person shall use a cellular telephone or other electronic communication device once such person has been issued a ballot or, in the case of precincts using voting machines or electronic recording voting systems, once the person has entered the voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials. (e)(f) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f)(g) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 43. Said title is further amended by striking subsections (c) and (g) of Code Section 21-2501, relating to the number of votes required for election, in their entirety and inserting in lieu thereof new subsections (c) and (g) to read as follows:
"(c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than on the twenty-first day after the day of holding the first primary or election on a date specified by municipal ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates

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JOURNAL OF THE HOUSE

receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office sought shall be declared the winner." "(g) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and the run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were entitled to vote for that particular office in such primary or special election or general election, respectively, shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224."
SECTION 44. Said title is further amended by striking subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Municipal special elections which are to be held in conjunction with

THURSDAY, FEBRUARY 22, 2001

1079

a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted separate and apart from such state-wide general primary or state-wide general election."
SECTION 45. Said title is further amended by striking subparagraph (c)(1)(B) of Code Section 21-2540, relating to conduct of special elections generally, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November."
SECTION 46. Said title is further amended by striking Code Section 21-2-541.1, relating to terms for all municipal offices elected at general municipal elections, in its entirety and inserting in lieu thereof a new Code Section 21-2-541.1 to read as follows:
"21-2-541.1. All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section 21-2541.2. Unless otherwise provided for by the municipal charter, municipal officeholders shall be sworn in at their first organizational meeting of the new year and will hold office until their successors are duly elected and qualified and take said oath of office."
SECTION 47. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Ehrhart of the 36th, Westmoreland of the 104th, and Smith of the 91st move to amend the Committee substitute to HB 479 as follows:
On page 28, line 34 strike "using cellular phones"

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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:

Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard Y Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B
Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree Y Hanner Y Harbin N Harrell N Heard E Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow
Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix
Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 76, nays 92. The amendment was lost.

Representative Cooper of the 31st moved that HB 479 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

THURSDAY, FEBRUARY 22, 2001

Y Cox N Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

1081
N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 66, nays 105. The motion failed.

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 479 as follows:
Page 7 - Line 12, delete word "committee" replace with "party chairperson"

1082

JOURNAL OF THE HOUSE

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

Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps
Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 68, nays 102. The amendment was lost.

The following amendment was read:

THURSDAY, FEBRUARY 22, 2001

1083

Representative Bunn of the 74th moves to amend the Committee substitute to HB 479 as follows:
Page 28, Lines 33 & 34, after the word "lists," delete the words "using photographic or other electronic monitoring or recording devices,

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

Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

N Cox N Crawford N Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 60, nays 113. The amendment was lost.

1084

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 479 as follows:
Page 7, line 12, after "A" strike "list of all such committees" and insert "contact person's information"

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

Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis
Day Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye
Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

THURSDAY, FEBRUARY 22, 2001

1085

On the adoption of the amendment, the ayes were 63, nays 104. The amendment was lost.

The following amendment was read:

Representative Willard of the 44th moves to amend the Committee substitute to HB 479 as follows:
Page 5, Line 12, delete the word "fiduciary".

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

Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong Y Black N Boggs Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson

1086
Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Millar Y Mills N Mobley N Morris N Mosley

N Sholar N Sims Y Sinkfield N Skipper Y Smith, B

Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 73, nays 99. The amendment was lost.

The following amendment was read:

Representative Everett of the 163rd moves to amend the Committee substitute to HB 479 as follows:
Section 36, Page 27, Line 30:
Add after conviction ", and if I have had a felony conviction I have had my civil rights restored"

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

Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn

Y Cox Y Crawford N Cummings Y Davis N Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane
Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter Y Powell N Purcell N Ragas
Randall Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest

Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B
Coleman, T Y Collins N Connell Y Cooper

THURSDAY, FEBRUARY 22, 2001

N Hanner Y Harbin Y Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Mangham E Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

N Rogers N Royal
Sailor N Sanders Y Scheid N Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper Y Smith, B

1087
Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 74, nays 94. 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick Y Graves Y Greene

Y Hudson, S Hugley
Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

1088
N Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Sholar of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 298. By Representatives Walker of the 141st, Murphy of the 18th and Coleman of the 142nd:
A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, and Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide that the compensation of the state auditor shall be fixed by the Legislative Services Committee; and for other purposes.

The following amendment was read:

Representative Franklin of the 39th moves to amend HB 298 by inserting between "Committee;" and "to" on line 4 of page 1 the following:
"to provide for temporary suspension of such compensation;".
By inserting between "unchanged." and "The" on line 22 of page 1 the following:

THURSDAY, FEBRUARY 22, 2001

1089

"Notwithstanding any provision of this Code section to the contrary, as a condition precedent to the payment of such salary to the state auditor, the state auditor shall not be in violation of any fiscal note deadline requirements of Code Section 28-5-42. Such salary shall be suspended temporarily with respect to any period of time during which a fiscal note has not been prepared and submitted in a timely manner in accordance with Code Section 28-5-42. Such suspension period shall commence upon the receipt of the Legislative Services Committee of a copy of a written, timely request for a fiscal note by any member of the General Assembly and verification by the Legislative Services Committee that the fiscal note has not been issued in a timely manner. Such suspension period shall terminate upon receipt by the Legislative Services Committee of a written copy of such fiscal note."

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

Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins

Y Cox N Crawford N Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

N Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier N Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall Y Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix

1090
N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens N Hudson, N

N Morris N Mosley

N Skipper Y Smith, B

Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 56, nays 117. 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:

Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

THURSDAY, FEBRUARY 22, 2001

1091

On the passage of the Bill, the ayes were 159, nays 12. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 250. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, so as to redesignate certain provisions relating to motor vehicle license fees and plates; to correct certain cross-references and conform to such redesignation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to correct certain cross-references and conform to such redesignation; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs

1092
Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Mann Y Manning Y Martin E Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

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

HB 253. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for noneligibility for registration of certain vehicles which have been prohibited from operating in interstate commerce; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide for certain matters relative to motor vehicle registration, licensing, and titling; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for abbreviated dates on certain temporary license plates; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis; to provide for noneligibility for registration of certain vehicles which have been prohibited from operating in interstate commerce; to define a term; to provide for furnishing of certain information from motor vehicle records; to change certain provisions relating to reports and remittances by tag agents; to change certain provisions relating to registration and licensing of vehicles of the state and political subdivisions; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain provisions relating to payment of fees under the International Registration Plan; to

THURSDAY, FEBRUARY 22, 2001

1093

change certain provisions relating to fee assessment to registrants; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-8, relating to operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal, storage of unlicensed vehicle, jurisdiction, display of temporary plate, and disposition of fines, by striking division (b)(2)(B)(i) and inserting in lieu thereof the following:
"(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealers name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word and not by any abbreviation or numeral or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchasers initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. No such temporary plate shall be renewed or valid beyond the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register the vehicle. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers."
SECTION 1-2. Said title is further amended by striking Code Section 40-2-20, relating to registration and license requirements and penalties, and inserting in lieu thereof the following:

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"40-2-20. (a)(1)(A) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, except as provided in paragraph (3) of this subsection, during the owners registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such persons next registration period. (B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such persons next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation.
(2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owners name, has been applied for in the owners name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (b) Subsection (a) of this Code section shall not apply:

THURSDAY, FEBRUARY 22, 2001

1095

(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to register a new or used motor vehicle within 30 days of its purchase as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."
SECTION 1-3. Said title is further amended by striking subsection (c) of Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, and inserting in lieu thereof the following:
"(c)(1)(A) Applications for registration or renewal of registration under the International Registration Plan may be submitted during the period of December 1, 2001 to February 15, 2002, for registration under such plan which shall be valid for a period beginning January 1, 2002, and ending at the conclusion of the applicable registration period specified in division (a)(1)(A)(i) or (a)(1)(A)(ii) of Code Section 40-2-21 which occurs between July 1, 2002, and June 30, 2003. (B) On and after July 1, 2002, applications for annual registration or renewal of registration under the International Registration Plan shall be submitted during the applicable registration period specified in division (a)(1)(A)(i) or (a)(1)(A)(ii) of Code Section 40-2-21. (C) Fees must be paid not later than 30 days from the date of the invoice, which will be mailed to the applicant. License plates are required to be displayed on vehicles registered under the International Registration Plan not later than 30 days from the date of the invoice. (2) Any owner of a vehicle required to be registered under the International Registration Plan who does not register and obtain a license to operate apply for

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registration on or before the first day of the registration period for such vehicle as prescribed in paragraph (1) of this subsection, in addition to any other penalty which may be imposed if such vehicle is not timely registered in accordance with paragraph (1) of this subsection, shall be subject to a late application penalty of 10 percent of the total registration fees due this state. Additionally, the owner of a vehicle required to be registered under the International Registration Plan who does not pay to the commissioner the registration fees by 30 days from the date of the registration fees invoice due this state on or before the last day of the registration period shall be subject to a late payment penalty of $50.00 per vehicle for which payment of registration fees is not received by the commissioner by the date prescribed in this paragraph in accordance with Code Section 40-2-40. The commissioner may provide by rule or regulation for waiver of penalties provided by this paragraph in cases where failure to timely make application or timely pay fees is due to force majeure."
SECTION 1-4. Said title is further amended in Article 3A of Chapter 2, relating to reciprocal agreements for registration of commercial vehicles, by inserting a new Code Section 40-2-89 to read as follows:
"40-2-89. Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in interstate commerce shall not be eligible for registration under this article, and the commissioner shall refuse to issue, refuse to renew, or revoke such registration for any vehicle so prohibited from operating."
SECTION 1-5. Said title is further amended in Code Section 40-3-2, relating to definitions relative to certificates of title, liens, and security interests, by inserting a new paragraph (9.1) to read as follows:
"(9.1) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust."
SECTION 1-6. Said title is further amended in Code Section 40-3-23, relating to issuance of certificates of title and maintenance and public inspection of title records, by inserting a new subsection (d.1) to read as follows:
"(d.1) In addition to any public inspection of records authorized under subsection (d) of this Code section:
(1) Motor vehicle records consisting of vehicle description, title status, title brands, last recorded mileage, recorded liens, or recorded security interests which the commissioner or the commissioners duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law,

THURSDAY, FEBRUARY 22, 2001

1097

including without limitation for the purpose of providing information to allow for informed motor vehicle purchase and safety decisions. Records furnished in accordance with this paragraph may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or drivers license or social security number, shall not be furnished or transferred by or to any person pursuant to this paragraph; and (2) The commissioner may in his or her discretion publish or permit to be published statistical reports from records maintained under this Code section, provided that such reports shall not disclose any natural persons name, address, date of birth, or drivers license or social security number."
SECTION 1-7. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-7.1, relating to payment of fees under the International Registration Plan, and inserting in lieu thereof the following:
"48-10-7.1. Any person initially registering under the International Registration Plan any of the vehicles named in subsection (a), (b), or (c) of Code Section 48-10-2.1 and whose next registration period ends:
(1) More than six but not more than nine months later shall pay three-fourths of the annual license fee provided in this chapter; (2) More than three but not more than six months later shall pay one-half of the annual license fee provided in this chapter; or (3) Three or fewer months later shall pay one-fourth of the annual license fee provided in this chapter less than 12 months from the date of application or first date of service of such vehicle shall pay a license fee in an amount equal to one-twelfth of the annual license fee provided by this chapter multiplied by the number of months remaining until the end of such next registration period."
SECTION 1-8. Said chapter is further amended by striking Code Section 48-10-7.2, relating to fee assessment to registrants, and inserting in lieu thereof the following:
"48-10-7.2. For purposes of registration of any vehicle under subparagraph (c) (1) (A) of Code Section 40-2-88 only, registrants shall be assessed fees as follows:
(1) Any registrant whose registration period under said subparagraph will end during the third quarter of 2002 shall be assessed fees equivalent to three-fourths of the annual fee otherwise provided by law; (2) Any registrant whose registration period under said subparagraph will end during the fourth quarter of 2002 shall be assessed fees equivalent to the annual fee otherwise provided by law;

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(3) Any registrant whose registration period under said subparagraph will end during the first quarter of 2003 shall be assessed fees equivalent to one and one-fourth of the annual fee otherwise provided by law; and (4) Any registrant whose registration period under said subparagraph will end during the second quarter of 2003 shall be assessed fees equivalent to one and one-half onetwelfth of the annual fee otherwise provided by law multiplied by the number of months remaining until the end of the applicable registration period."
PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in lieu thereof the following:
"40-2-34. (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 Revenue is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 seven 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). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week. (e) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."
SECTION 2-2. Said title is further amended in Code Section 40-2-37, relating to registration and

THURSDAY, FEBRUARY 22, 2001

1099

licensing of vehicles of the state and political subdivisions, by striking subsection (b) and inserting in lieu thereof the following:
"(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 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, except that such five-year license plates shall not display any year of registration or registration expiration. 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."
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 40-2-34, relating to reports and remittances by tag agents, and inserting in lieu thereof the following:
"40-2-34. (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 state is entitled. All tag reports of license applications handled and related sums of money to which the state is entitled must be submitted to the commissioner within 14 seven 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). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week.

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(e) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."
SECTION 3-2. Said title is further amended in Code Section 40-2-37, relating to registration and licensing of vehicles of the state and political subdivisions, by striking subsection (b) and inserting in lieu thereof the following:
"(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 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, except that such five-year license plates shall not display any year of registration or registration expiration. 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."
PART IV SECTION 4-1.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsections (b), (c), and (d) of this section. (b) Sections 1-3, 1-7, and 1-8 shall become effective on July 1, 2001. (c) Part II of this Act shall become effective on January 1, 2002. (d) Each provision amended in Part III of this Act shall become effective and supercede that respective provision amended in Part II of this Act on January 1, 2002, or on such date thereafter as that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act, whichever is later.
SECTION 4-2. 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.

THURSDAY, FEBRUARY 22, 2001

1101

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

Y Cox Y Crawford
Cummings Davis Y Day Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y 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
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 Barnard of the 154th, Houston of the 166th, and Jackson of the 148th 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 443. By Representatives Royal of the 164th, Shanahan of the 10th and Jamieson of the 22nd:
A BILL to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, so as to change certain provisions regarding the reporting of annexations to the Department of Community Affairs; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, so as to change certain provisions regarding the reporting of annexations to the Department of Community Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, is amended by striking Code Section 36-36-3, and inserting in lieu thereof the following:
"36-36-3. (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:
(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

THURSDAY, FEBRUARY 22, 2001

1103

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 180-7-01 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. The name of the county in which the property being annexed is located; the enactment date and effective date of the annexation ordinance, resolution, or local Act of the General Assembly; and (3) A letter from the governing authority of any municipality annexing property stating their intent to add the annexed area to maps provided by the United States Bureau of the Census during their next regularly scheduled boundary and annexation survey of the municipality and stating that the survey and map will be completed as instructed and returned to the United States Bureau of the Census. (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)(1) The Department of Community Affairs shall notify the clerk, city attorney, or other person designated by the governing authority 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. The Department of Community Affairs shall not provide a certification of annexation to the United States Census Bureau unless the governing authority of the annexing municipality has filed a completed report as required under subsection (a) of this Code section. (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, may 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

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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. (g) The governing authority of any municipality annexing property shall add all annexed areas to maps provided by the United States Census Bureau during the next regularly scheduled boundary and annexation survey of the municipality, complete the survey and map as instructed, and return them to the United States Census Bureau within the time frame requested."
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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman

Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

THURSDAY, FEBRUARY 22, 2001

Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Manning Y Martin E Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

1105
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 582. By Representatives Buck of the 135th, Royal of the 164th and Sims of the 167th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding revenue and taxation; to provide for corresponding revisions in Title 14 of the Official Code of Georgia Annotated, relating to corporations; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley

1106
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

JOURNAL OF THE HOUSE

Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 165, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 509. By Representatives Buck of the 135th, Sims of the 167th, Jamieson of the 22nd, Skipper of the 137th and 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 specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes; to change certain provisions regarding income tax credits for qualified low-income housing; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes; to change certain

THURSDAY, FEBRUARY 22, 2001

1107

provisions regarding income tax credits for qualified low-income housing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding a new subparagraph immediately following subparagraph (B) of paragraph (3), to be designated subparagraph (B.1), to read as follows:
"(B.1) The tax assessor shall not consider any income tax credits with respect to real property which are claimed and granted pursuant to either Section 42 of the Internal Revenue Code of 1986, as amended, or Chapter 7 of this title in determining the fair market value of real property."
SECTION 2. Said title is further amended by striking Code Section 48-7-29.6, relating to income tax credits for qualified low-income housing, and inserting in its place a new Code Section 48-7-29.6 to read as follows:
"48-7-29.6. (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 size. (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)(1) 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.
(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

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JOURNAL OF THE HOUSE

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. The tax credit under this Code section shall not be subject to recapture if such recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (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 taxpayers income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayers 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 and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires

Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T E Collins
Connell Cooper

THURSDAY, FEBRUARY 22, 2001

Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers
Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Y Skipper Y Smith, B

1109
Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 383. By Representative Hudson of the 120th:
A BILL to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application and number of physician's assistants, so as to change the number of physician's assistants who may be licensed to a physician; and for other purposes.

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

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

Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, S Hugley
Y Irvin

Y Mueller Y Orrock Y Parham

Y Smith, C Y Smith, C.W Y Smith, L

1110
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell Cooper

JOURNAL OF THE HOUSE

Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene
Hammontree Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 276. By Representative Snow of the 2nd:
A BILL to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.

THURSDAY, FEBRUARY 22, 2001

1111

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey McBee Y McCall Y McClinton N McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE

HR 373. By Representatives Manning of the 32nd, Parsons of the 40th, Johnson of the 35th, Wix of the 33rd, Cooper of the 31st and others:
A RESOLUTION recognizing Girls Incorporated of Greater Atlanta; and for other purposes.

HR 374. By Representative Stuckey of the 67th:
A RESOLUTION recognizing February 22, 2001, as the First Annual Georgia Human Relations Day; and for other purposes.

HR 375. By Representatives Taylor of the 134th, Jamieson of the 22nd, Hugley of the 133rd, Porter of the 143rd, Houston of the 166th and others:
A RESOLUTION endorsing the Read Across America campaign; and for other purposes.

HR 376. By Representatives Henson of the 65th, Stuckey of the 67th, Orrock of the 56th, Sinkfield of the 57th, Harrell of the 62nd and others:
A RESOLUTION commending Abused Women and Children, Inc.; and for other purposes.

HR 377. By Representatives Wix of the 33rd, Morris of the 155th, Scheid of the 17th, Houston of the 166th and Greene of the 158th:
A RESOLUTION congratulating Eileen Price Wyatt; and for other purposes.

HR 378. By Representatives Pinholster of the 15th and Stancil of the 16th:
A RESOLUTION commending the Pickens County Middle School Honor Band and Directors Mary Land and Jamie Smith; and for other purposes.

HR 379. By Representative Smith of the 91st:
A RESOLUTION commending Watkinsville Police Chief Lee O'Dillon; and for other purposes.

THURSDAY, FEBRUARY 22, 2001

1113

HR 380. By Representatives Hugley of the 133rd, Smith of the 102nd, Skipper of the 137th and Taylor of the 134th: A RESOLUTION recognizing and commending Mayor James Carter; and for other purposes.
HR 381. By Representatives Buckner of the 95th, Dodson of the 94th, Seay of the 93rd, Barnes of the 97th and Jordan of the 96th: A RESOLUTION honoring Major Jerry Neal on the occasion of his retirement; and for other purposes.
HR 382. By Representative Twiggs of the 8th: A RESOLUTION honoring Mrs. Frances Evans; and for other purposes.
HR 383. By Representative Twiggs of the 8th: A RESOLUTION honoring Dr. John Wesley Kay; and for other purposes.
HR 384. By Representative Broome of the 160th: A RESOLUTION commending Gilbert M. Kelley, Jr.; and for other purposes.
HR 385. By Representative Ehrhart of the 36th: A RESOLUTION commending John S. Day on becoming an Eagle Scout; and for other purposes.
HR 386. By Representatives Mosley of the 171st and Byrd of the 170th: A RESOLUTION recognizing and commending William Roy Thornton, Sr.; and for other purposes.

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JOURNAL OF THE HOUSE

HR 387. By Representative Smith of the 91st:
A RESOLUTION congratulating the Town of Newborn and the Newborn Tree Board; and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Transportation:

SB 49.

By Senators Streat of the 19th, Cheeks of the 23rd and Butler of the 55th:
A bill to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change the provisions relating to requirement of just compensation as a limitation on exercise of power of eminent domain; to provide that interference with a property owners exclusive rights includes interference with access rights incident to the property which may include but are not limited to any median or other interference creating increased circuity of travel or a change in traffic patterns; to repeal conflicting laws; and for other purposes.

The Speaker assumed the Chair.

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 365. By Representatives Murphy of the 18th, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and Coleman of the 142nd:
A RESOLUTION relative to adjournment; and for other purposes.

THURSDAY, FEBRUARY 22, 2001

1115

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 601 Do Pass HB 695 Do Pass HR 23 Do Not Pass HR 24 Do Not Pass

HR 102 Do Pass, as Amended HR 141 Do Pass, as Amended SB 161 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Smith of the 12th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 13 Do Pass, by Substitute HB 497 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 12th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and 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 513 Do Pass, by Substitute HB 578 Do Pass

HB 579 Do Pass HB 580 Do Pass

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

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

Mr. Speaker:

Your Committee on Ways and 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 118 Do Pass, by Substitute HB 439 Do Pass

HB 460 Do Pass, by Substitute HB 607 Do Pass

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

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 26, 2001.

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1117

Representative Hall, Atlanta, Georgia Monday, February 26, 2001

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:

Amerson Ashe Bannister Barnard Bell Birdsong Black Boggs E Bohannon Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Channell Childers Coan Coleman, B

Collins Connell Crawford Cummings Davis E Day Deloach, B Dodson E Drenner Dukes Everett Floyd Forster Franklin Golick Graves Greene Hammontree Hanner Harbin Harrell Heard E Heckstall Hembree E Henson Hines Holland

Howard Hudgens Hudson, N E Hudson, S Hugley Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Mangham E Mann Martin Massey McBee E Millar Mills Morris Mosley Mueller

Orrock Parrish Parsons Pelote Pinholster Poag Purcell Randall Reece Reese Rice Richardson Roberts, D Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Sinkfield Skipper Smith, C Smith, C.W Smith, L

Smith, P Smith, T Smith, V Snelling Squires Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Teper Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Anderson of the 116th, Barnes of the 97th, Bordeaux of the 151st, Buckner of the 95th, Cooper of the 31st, Cox of the 105th, DeLoach of the 119th, Dix of the 76th, Epps of the 131st, Houston of the 166th, Irvin of the 45th, Jackson of the 112th, Jackson of the 148th, James of the 140th, Jamieson of the 22nd, Maddox of the 72nd, Manning of the 32nd, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Morris of the 155th, Porter of the 143rd, Powell of the 23rd,

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Ragas of the 64th, Ray of the 128th, Reed of the 52nd, Reichert of the 126th, Roberts of the 162nd, Rogers of the 20th, Smith of the 91st, Smyre of the 136th, Snow of the 2nd, Stanley of the 49th, Taylor of the 134th, Teague of the 58th, Tillman of the 173rd, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Duane McDaniel, Pastor, Windsor Forest Baptist Church, Savannah, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

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HB 726. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
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 provide for a homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00; to provide for a homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

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

HB 727. By Representative Joyce of the 1st:
A BILL to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to malt beverages, so as to authorize retail dealers to extend credit to consumers for purchases of malt beverages; to amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, so as to authorize retail dealers to extend credit to consumers for purchases of wine; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 728. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th, Purcell of the 147th, Parham of the 122nd and others:
A BILL to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of tractor or farm equipment manufacturers, distributors, and dealers; to define certain terms; to regulate sales of certain tractors or farm equipment; to regulate the establishment and relocation of dealerships; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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HB 729. By Representatives Bannister of the 77th, Johnson of the 35th, Parsons of the 40th, Davis of the 60th and Holmes of the 53rd:
A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to make it illegal to possess or sell graffiti materials under certain circumstances; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 730. By Representatives Smith of the 12th, Coleman of the 142nd, Allen of the 117th and Howard of the 118th:
A BILL to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 731. By Representative Pelote of the 149th:
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; and for other purposes.

Referred to the Committee on Insurance.

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HB 732. By Representative Pinholster of the 15th:
A BILL to amend an Act providing a new charter for the City of Jasper in Pickens County, so as to change the corporate boundaries; and for other purposes.

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

HB 733. By Representatives Hugley of the 133rd, Watson of the 70th, Buckner of the 95th, Taylor of the 134th and Bohannon of the 139th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Massage Therapists; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 734. By Representative Skipper of the 137th:
A BILL to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to hiring out of penal system inmates, so as to provide that inmates may be allowed to provide volunteer services for programs of certain nonprofit organizations to the extent authorized by the rules and regulations of the Board of Corrections; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 735. By Representative Amerson of the 7th:
A BILL to amend an Act creating a board of commissioners of Gilmer County, so as to change the provisions relating to the compensation of the chairperson and other members of said board of commissioners; and for other purposes.

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

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HB 736. By Representatives Reichert of the 126th, Hudson of the 156th, Powell of the 23rd, Westmoreland of the 104th and Williams of the 83rd:
A BILL to amend Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to licenses and qualifications for private investigators and security guards, so as to provide for reciprocity agreements with other states; and for other purposes.
Referred to the Committee on Industry.
HB 737. By Representative Bordeaux of the 151st:
A BILL to be entitled an Act to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to provide that attorney's fees and expenses of litigation awarded under this Code section in a prior action shall be treated as court costs with regard to the filing of any subsequent action; and for other purposes.
Referred to the Committee on Judiciary.
HB 738. By Representatives Byrd of the 170th, Squires of the 78th, Harrell of the 62nd and Stuckey of the 67th:
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"; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 739. By Representatives Coleman of the 80th, McBee of the 88th, Cummings of the 27th, Mills of the 21st and Manning of the 32nd:
A BILL to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and disability benefits under the Public School Employees Retirement System, so

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as to reduce the normal retirement age to 60; to provide for retirement without regard to age with 30 years of creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 740. By Representatives Coleman of the 80th, McBee of the 88th, Cummings of the 27th, Mills of the 21st and Manning of the 32nd:
A BILL to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a service retirement upon the attainment of 29 years of creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 741. By Representative Ehrhart of the 36th:
A BILL to amend Article 7 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to judgments in civil cases, so as to provide that when a default judgment is entered against a party for failure to comply with an order compelling discovery, the default judgment shall be conditioned on the other party's waiver of a jury trial of remaining issues; and for other purposes; and for other purposes.

Referred to the Committee on Judiciary.

HB 742. By Representatives Everett of the 163rd, Lane of the 146th and Morris of the 155th:
A BILL to amend Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to requirement of permission to hunt on lands of another, written permission, enforcement, and immunity of landowner from civil liability, so as to change certain provisions relating to punishment for violations; and for other purposes.

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Referred to the Committee on Game, Fish & Parks.

HB 743. By Representatives Stanley of the 49th, Stanley of the 50th, Lucas of the 124th, Epps of the 131st and Mobley of the 69th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide a short title; to provide legislative findings; to define a certain term; to provide that any person convicted of possession or use of a controlled substance or marijuana shall be entitled to probation; to provide that certain such offenders shall not be so entitled to probation; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 744. By Representatives Coleman of the 142nd, Morris of the 155th, Floyd of the 138th, Purcell of the 147th, Skipper of the 137th and others:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; and for other purposes.

Referred to the Committee on Industry.

HR 371. By Representatives Henson of the 65th, Channell of the 111th, Graves of the 125th, Snow of the 2nd, Birdsong of the 123rd and others:
A RESOLUTION creating the House Study Committee on Hepatitis C; and for other purposes.

Referred to the Committee on Rules.

HR 372. By Representative Smith of the 103rd:
A RESOLUTION designating the Virgil Bledsoe Highway; and for other purposes.

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1125

Referred to the Committee on Transportation.

HR 388. By Representative Murphy of the 18th:
A RESOLUTION recognizing John Robert Goldin and designating a portion of State Highway 120 in Haralson County as the Bobby Goldin Highway; and for other purposes.

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 701 HB 702 HB 703 HB 704 HB 705 HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 714 HB 715 HB 716 HB 717

HB 718 HB 719 HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HR 344 HR 345 HR 363 HR 364 SB 106 SB 110 SB 136 SB 188

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

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Your Committee on Insurance has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 342 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:

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

HB 130 Do Pass, by Substitute HB 201 Do Pass HB 269 Do Pass, by Substitute

HB 373 Do Pass, by Substitute HB 634 Do Pass, by Substitute SB 51 Do Pass, by Substitute

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 366 Do Pass HR 367 Do Pass

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1127

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

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

Mr. Speaker:

Your Committee on State Planning and 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 675 HB 677 HB 680 HB 685

Do Pass Do Pass Do Pass Do Pass

HB 697 SB 56 SB 88 SB 203

Do Pass Do Pass Do Pass 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 26, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

HB 154 HB 287
HB 367

Bingo; prizes; increase maximum amounts Funk Heritage Center; designate official state museum of southeastern Indian art and history Public officers; local authorities; suspension for felony indictment

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HB 385
HB 530 HB 609 HB 610 HB 645 SR 35

Motor vehicles; DUI; teen restriction; aggressive driving; amend provisions Atlanta, City of; state court; solicitors; qualifications and salaries Alternative income tax credits; port traffic increases Sales tax; exempt certain equipment; film production and digital broadcast Agriculture; warehousing; annual license Property Conveyances; granting utility easement areas in 17 Counties

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 675. By Representatives Wiles of the 34th, Johnson of the 35th, Ehrhart of the 36th, Golick of the 30th, 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; and for other purposes.

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

HB 677. By Representatives Manning of the 32nd, Ehrhart of the 36th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

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

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1129

HB 680. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Thomas County Emergency Services Board, so as to provide for a change of name; to provide for terms of office; to change the provisions relating to removal and membership; and for other purposes.

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

HB 685. By Representative Ray of the 128th:
A BILL to abolish the present mode of compensating the coroner and deputy coroner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; and for other purposes.

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

HB 697. By Representatives Purcell of the 147th and Barnard of the 154th:
A BILL to amend an Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan," so as to change the rate of interest which delinquent ad valorem taxes bear; and for other purposes.

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

SB 56.

By Senators Hamrick of the 30th and Hecht of the 34th:
A bill to be entitled an Act to provide for a homestead exemption from certain Douglas 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

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provide that such exemption shall be extended to the unremarried surviving spouse at the time of the persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 88.

By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide for a homestead exemption from certain Carroll 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 persons death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

SB 203. By Senator Hamrick of the 30th:
A bill to be entitled an Act to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Carroll County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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1131

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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin
Massey Y McBee Y McCall
McClinton McKinney E Millar Y Mills Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Randall Y Ray Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W Smith, L
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey
Taylor Teague Y Teper Y Tillman Y Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Yates Murphy, Speaker

On the passage of the Bills, the ayes were 139, nays 0. The Bills, having received the requisite constitutional majority, were 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.

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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 bills of the Senate:
SB 34. By Senators Hecht of the 34th, Fort of the 39th, Starr of the 44th, Kemp of the 3rd, Hamrick of the 30th and others:
A bill to be entitled an Act to amend numerous provisions of the O.C.G.A. so as to strengthen and clarify punishment provisions in various Code sections; to provide a short title; to amend Code Section 16-10-52 of the O.C.G.A., relating to the offense of escape; to amend Code Section 16-5-70 of the O.C.G.A., relating to the offense of cruelty to children; to amend Chapter 6 of Title 16 of the O.C.G.A., relating to sexual offenses; to provide a forfeiture procedure for violation of Code Section 16-6-10 involving minors; to amend Code Sections 17-10-1 and 42-8-34 of the O.C.G.A., relating to sentencing and probation, respectively; to amend Code Section 42-8-34.1 of the O.C.G.A., relating to revocation of probated or suspended sentences; to repeal conflicting laws; and for other purposes.
SB 72. By Senator Golden of the 8th:
A bill to be entitled an Act to amend Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to procedure for rehabilitation of insurers, so as to change the provisions relating to liability of reinsurers; to provide that reinsurance shall be payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the court issuing the order of liquidation, without diminution because of the insolvency of the ceding insurer; to provide that such payments shall be made directly to the ceding insurer or to its domiciliary liquidator except under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 94. By Senators Stokes of the 43rd, Hecht of the 34th and Kemp of the 3rd:
A bill to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in connection with a prosecution of a stalking offense or certain sex offenses for costs associated with the filing of criminal charges by an alleged victim of any

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such offenses or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of any such offense; to provide that no fee or cost shall be assessed for any service rendered by the clerk of superior court in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault; to repeal conflicting laws; and for other purposes.
SB 111. By Senator James of the 35th:
A bill to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to increase the amount for contracts which are required to be awarded by sealed bidding; to authorize the Department of Administrative Services to use reverse auctions as an alternative to sealed bidding; to authorize the use of electronic means for the state to receive bids and proposals; to increase the dollar limit for noncompetitive purchases from $2,500.00 to $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 114. By Senator James of the 35th:
A bill to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal "The Georgia Government Documents Act," to repeal conflicting laws; and for other purposes.
SB 132. By Senators Stokes of the 43rd, Tate of the 38th and Starr of the 44th:
A bill to be entitled an Act to amend Chapter 11 of Title 31 of the O.C.G.A., relating to emergency medical services, so as to provide for the transfer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Composite State Board of Medical Examiners; to provide for certification and recertification of emergency medical technicians, paramedics, and cardiac technicians by that department; to provide for revocations, investigations, subpoenas, and hearings by that department; to provide for that department to become the successor to the rules, regulations, policies, procedures, and administrative orders of the Composite State Board of Medical Examiners; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 170. By Senator James of the 35th:
A resolution creating the Joint Study Committee on Expanding Old National Highway (SR 279); and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.

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

SB 34.

By Senators Hecht of the 34th, Fort of the 39th, Starr of the 44th, Kemp of the 3rd, Hamrick of the 30th and others:
A bill to be entitled an Act to amend numerous provisions of the O.C.G.A. so as to strengthen and clarify punishment provisions in various Code sections; to provide a short title; to amend Code Section 16-10-52 of the O.C.G.A., relating to the offense of escape; to amend Code Section 16-5-70 of the O.C.G.A., relating to the offense of cruelty to children; to amend Chapter 6 of Title 16 of the O.C.G.A., relating to sexual offenses; to provide a forfeiture procedure for violation of Code Section 16-6-10 involving minors; to amend Code Sections 17-10-1 and 42-8-34 of the O.C.G.A., relating to sentencing and probation, respectively; to amend Code Section 42-8-34.1 of the O.C.G.A., relating to revocation of probated or suspended sentences; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 72.

By Senator Golden of the 8th: A bill to be entitled an Act to amend Article 3 of Chapter 37 of Title 33 of

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1135

the Official Code of Georgia Annotated, relating to procedure for rehabilitation of insurers, so as to change the provisions relating to liability of reinsurers; to provide that reinsurance shall be payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the court issuing the order of liquidation, without diminution because of the insolvency of the ceding insurer; to provide that such payments shall be made directly to the ceding insurer or to its domiciliary liquidator except under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 94.

By Senators Stokes of the 43rd, Hecht of the 34th and Kemp of the 3rd:
A bill to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in connection with a prosecution of a stalking offense or certain sex offenses for costs associated with the filing of criminal charges by an alleged victim of any such offenses or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of any such offense; to provide that no fee or cost shall be assessed for any service rendered by the clerk of superior court in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 111. By Senator James of the 35th:
A bill to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to increase the amount for contracts which are required to be awarded by sealed bidding; to authorize the Department of Administrative Services to use reverse auctions as an alternative to sealed bidding; to authorize the use of electronic means for the state to receive bids and proposals; to increase the dollar limit for noncompetitive purchases from $2,500.00 to $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.

1136

JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs.
SB 114. By Senator James of the 35th:
A bill to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal "The Georgia Government Documents Act," to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 132. By Senators Stokes of the 43rd, Tate of the 38th and Starr of the 44th:
A bill to be entitled an Act to amend Chapter 11 of Title 31 of the O.C.G.A., relating to emergency medical services, so as to provide for the transfer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Composite State Board of Medical Examiners; to provide for certification and recertification of emergency medical technicians, paramedics, and cardiac technicians by that department; to provide for revocations, investigations, subpoenas, and hearings by that department; to provide for that department to become the successor to the rules, regulations, policies, procedures, and administrative orders of the Composite State Board of Medical Examiners; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Ecology.
SR 170. By Senator James of the 35th:
A resolution creating the Joint Study Committee on Expanding Old National Highway (SR 279); and for other purposes.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 26, 2001

1137

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

HR 366. By Representative Skipper of the 137th:
A RESOLUTION commending the Americus High School Panthers football team; inviting the coaches and players to appear before the House of Representatives; and for other purposes.

HR 367. By Representative Bell of the 25th:
A RESOLUTION recognizing the Jefferson High School Wrestling Team and inviting them to appear before the House of Representatives; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", approved May 1, 2000 (Ga. L. 2000, p. 1732), so as to change certain appropriations for the State Fiscal Year 2000-2001; 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:

1138

JOURNAL OF THE HOUSE

Section 1.

An Act providing appropriations for the State Fiscal Year 2000-2001, as amended, known as the "General Appropriations Act" approved May 1, 2000 (Ga. L. 2000, p. 1732), is further amended by striking everything following the enacting clause through Section 64, 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, 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 $12,516,275,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2001.

PART I. LEGISLATIVE BRANCH Section 1. General Assembly.

State Funds 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

$

33,849,106

$

17,657,651

$

4,753,604

$

2,668,752

$

121,000

$

7,000

$

0

$

0

$

1,008,500

$

812,000

$

5,000

$

692,500

$

164,115

$

4,206,984

$

100,000

$

1,652,000

Total Funds Budgeted

$

33,849,106

State Funds Budgeted

$

33,849,106

MONDAY, FEBRUARY 26, 2001

1139

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office

Total Funds

State Funds

$

5,560,400 $

5,560,400

$

1,046,607 $

1,046,607

$

1,302,036 $

1,302,036

Total

$

7,909,043 $

7,909,043

House Functional Budgets

House of Representatives and Research Office $

Speaker of the House's Office

$

Clerk of the House's Office

$

Total Funds 12,713,690 $ 480,753 $ 1,703,289 $

State Funds 12,713,690 480,753 1,703,289

Total

$

14,897,732 $

14,897,732

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

Total Funds

State Funds

$

3,436,860 $

3,436,860

$

2,395,445 $

2,395,445

$

1,117,779 $

1,117,779

$

3,673,570 $

3,673,570

$

418,677 $

418,677

Total

$

11,042,331 $

11,042,331

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

1140

JOURNAL OF THE HOUSE

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.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

$

28,588,201

$

24,070,848

$

768,200

$

536,000

$

49,000

$

20,000

$

1,102,153

$

232,000

$

1,494,000

$

316,000

Total Funds Budgeted

$

28,588,201

State Funds Budgeted

$

28,588,201

PART II JUDICIAL BRANCH

MONDAY, FEBRUARY 26, 2001

Section 3. Judicial Branch.

State Funds 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

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

$

Section 4. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ $ $ $ $ $ $ $
$
$
Total Funds 7,922,514 $
10,939,148 $ 47,088,471 $ 39,065,780 $ 1,383,075 $ 1,208,126 $ 10,137,655 $
256,262 $ 5,909,388 $ 2,802,982 $
342,690 $
127,056,091 $
$ $ $ $ $

1141
124,059,697 16,324,110 104,372,984
3,186,950 1,837,763
34,284 700,000 600,000
127,056,091
124,059,697
State Funds 7,094,074
10,843,148 47,088,471 37,240,049 1,383,075 1,161,187
9,954,532 256,262
5,893,227 2,802,982
342,690
124,059,697
52,924,155 66,957,697 14,693,157
608,171 744,834

1142

JOURNAL OF THE HOUSE

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 Payments to Georgia Technology Authority Payments for Hazardous Materials Removal

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Support Services

$

Statewide Business Services

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings

$

Executive Administration

$

Customer Service

$

$ $ $ $ $ $ $ $ $
$
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 6,946,356 $
29,130,012 $ 3,654,108 $ 224,960,349 $ 3,951,132 $
736,486 $ 1,714,927 $ 4,686,156 $ 10,633,703 $ 5,221,150 $

5,610,945 2,456,010 4,423,116
430,283 47,100,118 26,525,204
0 0 650,000
563,793
84,209,325 683,484
26,939,840 496,375 35,000 48,500 75,000 500,000 0
7,783,527 100,000
291,634,379
52,924,155
State Funds 2,333,500 800,000 3,624,738
30,984,162 496,375 736,486 279,230
4,382,232 9,287,432
0

MONDAY, FEBRUARY 26, 2001

1143

Total

$

B. Budget Unit: Georgia Building Authority
State Funds 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

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Funds

291,634,379 $

52,924,155

$

0

$

19,913,392

$

15,468,544

$

13,000

$

200,000

$

90,000

$

322,000

$

15,071

$

261,916

$

767,389

$

0

$

0

$

0

$

0

$

37,051,312

$

0

Total Funds 13,183,366 $ 0$ 12,422,856 $ 6,487,113 $ 4,558,445 $ 399,532 $
37,051,312 $

State Funds 0 0 0 0 0 0
0

$

42,928,106

1144

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 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

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

$ $ $ $ $ $ $ $ $ $
$
$
$ $ $
$ $ $
$ $
$
$
$
Total Funds 9,065,216 $ 16,865,644 $ 7,412,575 $ 8,353,672 $ 3,659,546 $

34,471,818 4,338,335 1,028,145
690,948 462,673 667,341 814,475 406,380 1,713,241 1,143,240
3,487,158
3,122,613
265,000 30,000 425,000
918,598 0
650,000
100,000 40,000
0
54,774,965
42,928,106
State Funds 8,284,216 13,733,509 3,737,575 8,166,672 3,529,846

MONDAY, FEBRUARY 26, 2001

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

B. Budget Unit: State Funds - 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.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

Total Funds Budgeted

State Funds Budgeted

8,720,508 $ 697,804 $
54,774,965 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $
$
$

1145
5,476,288 0
42,928,106
0 1,153,218
230,880 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000
1,750,598
0
11,171,827 9,203,028
471,206 475,103 112,380
34,422 309,790 458,071
94,392 13,435
11,171,827
11,171,827

1146

JOURNAL OF THE HOUSE

Section 7. Department of Community Affairs.
State Funds 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 EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation
Total Funds Budgeted

$ 117,021,047

$

20,426,876

$

2,505,576

$

504,723

$

0

$

384,085

$

1,451,218

$

1,410,060

$

693,735

$

517,228

$

0

$

3,299,851

$

75,722,060

$

146,000

$

30,000,000

$

5,315,000

$

5,000,000

$

3,165,581

$

0

$

617,500

$

3,281,250

$

915,888

$

2,847,147

$

189,073

$

0

$

1,128,125

$

1,250,000

$

50,000,000

$

7,964,097

$

1,500,000

$ 220,235,073

MONDAY, FEBRUARY 26, 2001

1147

State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Environmental Management $

Division

Business and Financial Assistance Division $

Housing Finance Division

$

Finance Division

$

Administrative and Computer Support Division $

Georgia Music Hall of Fame Division

$

Community Services Division

$

Rural Development Division

$

Total

$

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services

State Funds

Tobacco Funds 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

$ 117,021,047

Total Funds 85,238,199 $ 5,736,237 $
36,780,513 $ 9,638,290 $ 8,404,398 $ 2,242,670 $ 1,874,857 $ 66,036,276 $ 4,283,633 $
220,235,073 $

State Funds 85,070,248 5,508,281
5,204,475 4,665,581 6,772,856
766,002 931,779 3,818,192 4,283,633
117,021,047

$ 1,379,678,215

$

18,463,913

$

31,314,590

$

7,239,208

$

407,279

$

14,500

$

77,292

$

50,513,800

$

1,368,942

$

808,391

$ 376,727,342

$ 3,648,756,497

$

1,097,500

$

64,732

$

183,244

$

764,826

1148

JOURNAL OF THE HOUSE

Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation 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

Commissioner's Office

$

Medicaid Benefits, Penalties and

$

Disallowances

Program Management - Medicaid

$

Systems Management - Medicaid

$

Office of General Counsel

$

Office of Communications

$

Office of Human Resources

$

General Administration

$

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

$

$ 1,009,000,000

$

27,000

$

400,000

$

762,000

$

4,137,000

$

2,202,803

$

175,000

$

3,889,600

$

19,308,766

$

7,894,890

$

488,700

$

474,240

$

120,000

$ 5,168,218,142

$

18,463,913

$ 1,379,678,215

Total Funds 1,346,821 $
3,648,756,497 $

State Funds 821,951
1,280,617,953

38,639,112 $ 58,256,312 $ 1,232,556 $
473,646 $ 429,236 $ 53,121,954 $ 498,406 $ 491,496 $ 1,314,032,148 $ 2,010,769 $ 39,189,015 $ 1,841,346 $ 1,461,177 $ 6,437,651 $

15,016,135 12,479,004
699,139 236,823 263,914 2,824,458 371,210 454,634 34,000,000 1,822,015 39,189,015 1,841,346 1,461,177 6,043,354

5,168,218,142 $ 1,398,142,128

MONDAY, FEBRUARY 26, 2001

1149

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem, Fees and Contracts Benefits
Total Funds Budgeted
State Funds Budgeted
C. Budget Unit: PeachCare for Kids
State Funds
Tobacco Funds 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. State Funds - Administration, Institutions and Probation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 148,828,880

$

8,200,000

$ 360,067,504

$ 368,267,504

$ 148,828,880

$

28,544,840

$

2,756,037

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$ 105,599,468

$ 111,721,664

$

2,756,037

$

28,544,840

$ 883,001,600

$ 567,562,576

$

65,759,791

$

2,642,109

$

1,316,670

$

3,625,775

1150

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund

Total Funds Budgeted Indirect DOAS Funding
State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

Section 10. Department of Defense.

State Funds Personal Services Regular Operating Expenses

$

5,933,316

$

6,909,819

$

8,133,571

$

66,159,707

$

248,000

$

23,954,905

$

1,300,000

$

31,587,595

$

5,550,695

$

0

$

1,093,624

$

4,568,025

$

1,627,150

$

577,160

$

1,527,120

$ 103,961,852

$

438,944

$

856,000

$ 905,334,404

$

450,000

$ 883,001,600

Total Funds 30,746,214 $ 26,700,008 $ 129,505,387 $ 67,970,854 $ 650,411,941 $
905,334,404 $

State Funds 29,939,214 26,700,008 121,041,178 67,490,854 637,830,346
883,001,600

$

8,245,850

$

14,564,948

$

16,204,308

MONDAY, FEBRUARY 26, 2001

1151

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

$

91,951

$

0

$

46,615

$

137,163

$

44,010

$

1,021,511

$

933,830

$

0

Total Funds Budgeted

$

33,044,336

State Funds Budgeted

$

8,245,850

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard

Total Funds

$

2,401,954 $

$

6,181,344 $

$

24,461,038 $

State Funds 2,101,288 731,144 5,413,418

Total

$

33,044,336 $

8,245,850

Section 11. State Board of Education A. Budget Unit: Department of Education

State Funds

$ 5,610,614,724

Tobacco Funds 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

$

30,000,000

$

41,855,662

$

8,292,824

$

1,620,426

$

207,000

$

412,972

$

1,643,484

$

77,416,239

$

17,230,761

$

2,455,803

$

800,452

$

161,600

$ 1,552,419,232

1152

JOURNAL OF THE HOUSE

Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants 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

$ 1,298,553,037

$ 675,565,846

$

38,351,788

$

61,298,842

$ 173,931,719

$ 610,533,308

$ 117,053,487

$

66,770,363

$

38,583,203

$ 145,302,703

$ 826,922,327

$ 164,594,503

$ (931,728,915)

$ 113,358,381

$

0

$ 222,603,372

$

3,158,000

$

620,134

$

500,000

$

4,340,000

$

49,509,799

$

27,650,639

$

293,520

$ 236,086,129

$

4,025,312

$ 133,835,313

$

5,508,750

$

1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$

12,492,000

$

15,509,931

$

20,872,540

$

1,250,000

MONDAY, FEBRUARY 26, 2001

1153

Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) Mentoring Program - Middle School Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Troops To Teachers Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Grants For School Nurses

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

$

151,000

$

2,309,000

$

1,042,976

$

11,625,943

$

36,293,488

$

500,000

$

7,236,638

$

3,261,446

$

57,092,685

$

25,793,090

$ 107,826,070

$

4,539,410

$

1,690,215

$

7,466,425

$

274,395

$

11,474,763

$

61,982,014

$

3,827,248

$

3,884,639

$

2,077,344

$

1,087,500

$

111,930

$

6,018,289

$

350,000

$

763,580

$

0

$

5,967,000

$

30,000,000

$ 6,428,770,542

$

0

$

30,000,000

$ 5,610,614,724

Total Funds 12,975,123 $ 65,006,907 $ 1,368,652 $

State Funds 10,293,516 49,683,645 1,291,063

1154

JOURNAL OF THE HOUSE

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

$

16,384,844 $

10,911,377

$

9,887,037 $

544,407

$

28,104,960 $

19,180,574

$ 6,277,073,319 $ 5,532,178,394

$

6,087,661 $

5,545,787

$

5,442,266 $

5,058,609

$

6,439,773 $

5,927,352

$ 6,428,770,542 $ 5,640,614,724

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 Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$ 157,306,836

$

29,485,875

$

0

$

4,500,000

$

0

$

0

$

1,710,000

$

0

$

0

$

0

$ 121,610,961

$

0

$

0

$ 157,306,836

$ 157,306,836

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

$

1,269,256

$ 222,194,380

$

2,235,591

$

5,215,957

$

3,642,166

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$

1,186,947

MONDAY, FEBRUARY 26, 2001

1155

Computer Charges Telecommunications Utilities Capital Outlay Federal Nutrition Grants Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds 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.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

225,693

$

31,724

$

0

$

0

$ 129,817,711

$

134,500

$ 365,188,939 $ 229,645,928

$

1,269,256

$

2,992,000

$

2,872,542

$

488,800

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

2,807,000

$

2,992,000

$

10,899,242

$

2,992,000

$

37,628,116

$

30,824,082

$

6,007,411

$

179,793

$

1,296,822

$

2,091,933

$

358,525

$

7,736

$

1,091,041

1156

JOURNAL OF THE HOUSE

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
Reforestation Field Services General Administration and Support

Total Funds

$

2,167,586 $

$

36,886,568 $

$

3,939,592 $

Total

$

42,993,746 $

Section 14. Georgia Bureau of Investigation.

State Funds

$

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 Administration

Total Funds

$

5,658,722 $

1,047,903 60,000 28,500 0 0
42,993,746
37,628,116
State Funds 0
33,856,679 3,771,437
37,628,116
63,918,136 46,411,326 7,646,747
527,379 437,010 1,650,395 1,087,426 418,425 1,059,319 4,256,442 423,667
0
63,918,136
63,918,136
State Funds 5,658,722

MONDAY, FEBRUARY 26, 2001

Investigative

$

Georgia Crime Information Center

$

Forensic Sciences

$

Total

$

Section 15. Office of the Governor.
State Funds 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

Total Funds Budgeted

State Funds Budgeted

26,653,006 $ 10,770,386 $ 20,836,022 $
63,918,136 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$

1157
26,653,006 10,770,386 20,836,022
63,918,136
52,080,776 21,317,128 2,426,119
383,185 0
171,241 516,375 1,409,116 626,440 8,681,558 4,670,081 40,000 12,116,172 408,595 4,147,581 274,194 275,000
0 250,000 1,697,750 1,500,000 684,400 1,085,000
0 57,000
0 0
62,736,935
52,080,776

1158

JOURNAL OF THE HOUSE

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 Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of Child Advocate Office of Education Accountability

Total Funds

$

17,234,848 $

$

1,151,969 $

$

11,141,462 $

$

5,808,176 $

$

4,916,242 $

$

0$

$

3,643,138 $

$

2,557,690 $

$

530,358 $

$

5,658,618 $

$

7,019,434 $

$

300,000 $

$

2,775,000 $

State Funds 17,184,848 848,998 11,141,462 5,110,331 4,718,242 0
395,162 635,690 530,358 5,658,618 2,782,067 300,000 2,775,000

Total

$

62,736,935 $

52,080,776

Section 16. Department of Human Resources.
State Funds

$ 1,284,473,553

Tobacco Funds 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

$

37,352,837

$

80,222,927

$

3,070,801

$

2,212,440

$

0

$

167,457

$

4,559,125

$

15,185,233

$

58,845,529

$

16,157,417

$

0

$

49,063,157

$

74,577,470

$

163,451

MONDAY, FEBRUARY 26, 2001

Postage

$

Payments to DCH-Medicaid Benefits

$

Grants to County DFACS - Operations

$

Operating Expenses

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Commissioner's Office Office of Planning and Budget Services Office of Adoptions Children's Community Based Initiative Troubled Children's Placements Human Resources and Organization Development Technology and Support Computer Services Facilities Management Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Office of Financial Services Office of Audits Human Resource Management Transportation Services Indirect Cost Policy and Government Services Aging Services DDSA Council

Total Funds

$

1,109,629 $

$

4,421,831 $

$

12,609,767 $

$

10,506,906 $

$

49,063,157 $

$

1,389,990 $

$

33,831,966 $

$

75,441,963 $

$

5,462,443 $

$

714,862 $

$

3,428,310 $

$

11,284,372 $

$

6,847,859 $

$

9,994,788 $

$

2,931,715 $

$

7,259,938 $

$

12,915,452 $

$

0$

$

1,327,486 $

$

84,443,581 $

$

1,595,332 $

Total

$

336,581,347 $

2. Public Health Budget:

Personal Services

$

1159
823,383 29,607,957 1,925,000
0
336,581,347 3,982,840 8,211,528
190,496,940
State Funds 1,109,629 4,421,831 6,618,946 10,231,906 35,585,726 1,389,990
33,489,567 32,770,050 4,162,410
704,862
3,401,741 5,474,974 2,301,122 5,615,155 2,931,715 7,259,938 3,136,841 (16,637,451) 1,327,486 53,394,193
17,837
198,708,468
52,520,153

1160

JOURNAL OF THE HOUSE

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

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

$

77,894,814

$

942,113

$

0

$

195,367

$

1,509,862

$

14,461,098

$

0

$

1,052,180

$

574,000

$

23,202,591

$ 155,026,313

$

0

$

190,927

$

5,222,222

$ 332,791,640

$

324,160

$

23,385,201

$ 166,425,151

Total Funds 13,216,105 $ 1,305,211 $ 2,749,155 $ 2,036,524 $ 6,657,164 $ 5,423,901 $ 3,189,205 $ 13,998,499 $ 84,557,361 $ 73,752,577 $ 13,168,451 $ 4,072,839 $ 428,060 $ 2,164,928 $ 1,629,400 $ 5,782,846 $ 1,925,492 $ 901,593 $

State Funds 13,089,170 1,091,380 2,423,980 923,912 5,890,345 5,423,901 1,031,192 5,987,183 0 72,828,928 6,338,939 2,629,491 326,832 1,673,286 0 4,274,329 1,076,537 692,742

MONDAY, FEBRUARY 26, 2001

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

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

$

Injury Control

$

Public Health - Division Indirect Cost

$

Total

$

3. Budget Unit: Division Of Rehabilitation Services
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

2,841,919 $ 1,567,494 $
163,524 $ 7,462,500 $ 2,517,143 $ 2,056,339 $
643,228 $ 2,033,322 $ 7,331,823 $
202,226 $ 16,544,508 $ 10,713,458 $ 12,531,753 $
115,041 $ 12,858,217 $ 15,562,890 $
686,944 $ 0$
332,791,640 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $

1161
1,199,699 1,567,494
163,524 7,462,500 2,239,550 1,789,476
643,228 1,501,847 7,061,823
202,226 9,854,829 2,640,380 2,933,885
97,544 10,367,903 15,562,890
544,306 (1,724,899)
189,810,352
87,939,589 12,168,243
1,814,584 50,582
2,133,277 5,370,911 11,451,853
302,541 2,491,137 41,304,191
945,245 12,410,883
305,000 909,650 747,878
180,345,564 100,000

1162

JOURNAL OF THE HOUSE

State Funds Budgeted

Departmental Functional Budgets

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

$

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

$

27,348,825

Total Funds 69,950,705 $ 948,949 $ 511,903 $ 10,778,695 $ 2,034,196 $ 934,540 $ 54,148,315 $ 12,248,139 $ 28,790,122 $
180,345,564 $

State Funds 13,793,006 433,969 511,903 3,158,205 608,421 934,540 0 1,191,899 6,716,882
27,348,825

$

24,103,150

$

3,851,014

$

993,807

$

0

$

542,213

$

3,695,697

$

30,808,524

$

0

$

1,596,679

$

4,633,038

$ 124,425,510

$

7,287,433

$ 325,768,802

$

37,626,463

$

3,870,136

$ 377,708,829

$ 946,911,295

$

0

$

3,341,218

$ 386,177,909

MONDAY, FEBRUARY 26, 2001

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

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

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

Total Funds 1,141,802 $ 5,329,155 $ 4,743,479 $ 3,905,620 $ 13,967,852 $ 2,460,085 $ 2,789,549 $ 3,801,931 $ 44,614,931 $
114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $
124,602,963 $ 116,557,469 $
3,190,752 $ 9,102,536 $
74,173,127 $
27,151,950 $
26,395,784 $
45,418,684 $ 4,290,503 $ 40,715,074 $ 21,740,976 $ 7,849,656 $ 36,881,820 $ 17,244,504 $ 174,820,622 $ 4,111,923 $ 4,633,038 $
0$
946,911,295 $

1163
State Funds 1,141,802 4,817,114 2,757,650 3,905,620 1,791,369 2,460,085 1,783,758 3,801,931 5,488,958 48,247,444 1,122,012 0 0 60,017,286 45,979,087 0 2,983,382
37,757,959
10,576,743
9,463,311
15,861,742 2,520,990 27,064,980 13,498,975 4,891,413 22,122,444 10,431,388 51,686,937 4,071,923 4,633,038 (11,360,214)
389,519,127

1164

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
Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

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

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

Program Direction and Support

$

Regional Offices

$

Total

$

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 286,885,148

$

56,534,028

$

200,000

$

9,483,000

$

1,991,161

$ 374,598,416

$ 729,691,753

$

1,406,400

$

2,414,890

$ 514,024,728

Total Funds 32,772,718 $ 17,026,758 $ 28,267,529 $ 40,282,598 $ 118,486,543 $ 17,815,505 $ 52,823,773 $ 19,892,370 $ 4,159,987 $ 185,338,609 $ 95,661,003 $ 95,557,636 $ 14,438,057 $ 7,168,667 $
729,691,753 $

State Funds 19,427,444 15,340,064 19,016,662 31,253,058 72,118,413 16,896,517 23,764,739 17,814,928 3,220,417 178,127,285 60,309,524 44,208,468 9,111,659 5,830,440
516,439,618

$ 531,670,967

$

96,984,872

$

5,962,944

$

250,582

$

3,038,314

MONDAY, FEBRUARY 26, 2001
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 Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism.
State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

1165

$

15,135,595

$

71,906,708

$

59,148,070

$

21,297,413

$

56,534,028

$ 374,598,416

$

41,304,191

$

4,633,038

$ 124,425,510

$

8,806,678

$ 374,831,959

$ 147,817,407

$ 155,026,313

$

2,459,612

$

10,392,650

$

5,632,324

$

29,607,957

$ 379,633,829

$

5,222,222

$ 2,526,321,599

$

5,813,400

$

37,352,837

$ 1,284,473,553

$

29,792,419

$

79,953,629

$

12,598,152

$

1,311,323

$

605,806

$

60,000

$

93,724

$

391,336

$

818,323

$

422,215

$

1,561,387

1166

JOURNAL OF THE HOUSE

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

$

One Georgia Fund

$

Total Funds Budgeted

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research One Georgia Fund

Total Funds

$

95,006,259 $

$

6,695,733 $

$

3,920,556 $

$

4,123,500 $

$

0$

$

0$

$

0$

Total

$

109,746,048 $

Section 18. Department of Insurance.

State Funds

$

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

$

250,600 11,629,553
0 0 50,000 0 0 79,953,629
109,746,048 79,953,629
29,792,419
State Funds 95,006,259 6,695,733 3,920,556 4,123,500 0 0 0
109,746,048
15,850,323 14,635,404
725,179 435,414 185,100
42,327 313,272 796,248 405,207 96,658
0
17,634,809

MONDAY, FEBRUARY 26, 2001

1167

State Funds Budgeted

$

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund

Total Funds

$

5,394,775 $

$

5,673,324 $

$

567,024 $

$

5,433,970 $

$

565,716 $

Total

$

17,634,809 $

Section 19. Department of Juvenile Justice.

State Funds

$

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

Regional Youth Development Centers

$

Youth Development Centers

$

Total Funds 64,863,090 $ 84,432,932 $

15,850,323
State Funds 5,394,775 5,673,324 567,024 3,649,484 565,716
15,850,323
272,437,058 163,788,517 16,365,904
2,025,260 228,444
1,054,874 3,002,748 2,377,856 2,143,205 18,222,054 3,490,764
697,800 0
33,410,003 32,173,210
0 0
278,980,639
272,437,058
State Funds 63,359,130 81,838,578

1168

JOURNAL OF THE HOUSE

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.
State Funds 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.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

27,030,680 $ 27,870,457 $
527,095 $ 1,203,970 $ 44,316,737 $ 2,703,120 $
740,493 $ 4,056,561 $ 18,335,067 $ 2,900,437 $
278,980,639 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $

26,291,282 27,407,962
527,095 1,203,970 43,183,961 2,703,120
740,493 3,966,561 18,314,469 2,900,437
272,437,058
14,836,213 88,441,273 7,355,346
1,444,617 0
1,148,245 2,301,374 2,477,791 2,040,140 54,500,000 4,243,299
0 1,287,478
0
165,239,563
14,836,213
15,398,545 14,679,711
724,211 199,322
0

MONDAY, FEBRUARY 26, 2001

Equipment

$

Compter 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.

State Funds

$

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

$

Deferred Compensation

$

State Funds Budgeted

$

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources

1169
14,375 304,337 825,793 196,787 19,500,000 147,000
36,591,536
15,398,545
0 7,495,132
985,269 95,263 23,127 767,856
1,220,574 2,124,165
214,277
12,925,663 0
1,172,184 11,240,106
513,373
0

State Funds Personal Services Regular Operating Expenses

$ 155,273,461

$

84,191,657

$

14,814,902

1170

JOURNAL OF THE HOUSE

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 Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority

$

718,983

$

1,590,997

$

3,053,198

$

2,691,333

$

13,716,833

$

889,418

$

1,381,799

$

0

$

675,000

$

1,326,056

$

1,035,176

$

3,311,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

341,000

$

0

$

0

$

0

$

0

$

170,047

$

212,646

$

300,000

$

0

$

566,000

$

14,245,022

$

6,685,603

$

1,179,200

$

2,107,309

MONDAY, FEBRUARY 26, 2001

Payments to McIntosh County

$

Payments to Baker County

$

Payments to Calhoun 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
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance

Total Funds

$

36,140,605 $

$

6,179,502 $

$

3,753,089 $

$

40,350,414 $

$

2,626,631 $

$

39,894,868 $

$

59,827,006 $

$

837,057 $

Total

$

189,609,172 $

1171
100,000 31,000 24,000
0 30,000,000
189,609,172 840,190
0
1,331,931 1,434,982
200,000
155,273,461
State Funds 36,125,605 6,179,502 3,263,089 22,213,974 2,455,769 34,582,897 49,615,568 837,057
155,273,461

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$

0

$

3,126,228

$

2,024,181

$

25,000

$

10,000

$

95,000

1172

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunic Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets
Georgia Agricultural Exposition Authority $
Section 24. State Board of Pardons and Parole.
State Funds 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
State Funds 1. Operations Budget:

$ $ $ $ $
$
$
Total Funds
6,215,409 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$

15,000 0
80,000 840,000
0
6,215,409
0
State Funds
0
50,290,529 40,029,564
1,697,625 530,000 230,199 190,000 591,200
3,148,958 1,065,000 2,014,983
773,000 20,000
50,290,529
50,290,529
113,243,386

MONDAY, FEBRUARY 26, 2001

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports

Total Funds Budgeted Indirect DOAS Service Funding

State Funds Budgeted

2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing

Total Funds Budgeted Indirect DOAS Service Funding

State Funds Budgeted

Departmental Functional Budgets

Administration

$

$ $ $ $ $ $ $ $ $ $ $ $
$ $
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 23,536,229 $

1173
68,188,165 9,557,257
206,439 4,632,350
461,690 3,169,210
28,962 2,775,929 1,329,300
176,100 0 0
90,525,402 1,650,000
88,875,402
19,721,181 1,112,113
20,000 0
62,343 0
47,262 273,300 59,000
0 303,651 34,900 2,734,234
24,367,984 0
24,367,984
State Funds 22,036,229

1174

JOURNAL OF THE HOUSE

Driver Services Field Operations

$

24,367,984 $

$

66,989,173 $

Total

$

114,893,386 $

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only

24,367,984 66,839,173
113,243,386

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 Firefighters Standards and Training $

Council

Georgia Public Safety Training Facility

$

Total

$

$

16,186,362

$

9,793,164

$

2,693,486

$

103,389

$

62,020

$

197,746

$

244,185

$

323,927

$

306,573

$

437,062

$

2,425,200

$

3,203,908

$

600,000

$

20,390,660

$

16,186,362

Total Funds 3,556,781 $ 1,594,540 $ 1,216,022 $ 1,553,988 $ 485,161 $
11,984,168 $
20,390,660 $

State Funds 626,483
1,594,540 1,126,022 1,443,988
485,161
10,910,168
16,186,362

MONDAY, FEBRUARY 26, 2001

Section 26. Public School Employees' Retirement System.

State Funds Payments to Employees' Retirement System Employer Contributions

Total Funds Budgeted

State Funds Budgeted

Section 27. Public Service Commission.

State Funds 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

Administration

$

Transportation

$

Utilities

$

$ $ $
$
$
$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 3,223,562 $ 4,332,877 $ 5,235,911 $

1175
17,642,000 625,000
17,017,000
17,642,000
17,642,000
9,947,341 9,124,706
594,856 263,062 207,184
61,236 378,286 439,157 220,072 1,503,791
12,792,350
9,947,341
State Funds 3,223,562 1,761,179 4,962,600

Total

$

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction

12,792,350 $

9,947,341

1176

JOURNAL OF THE HOUSE

State Funds
Tobacco Funds 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 Tobacco Funds Budgeted
State Funds Budgeted
C. Budget Unit: State Funds - 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

$ 1,503,252,525

$

37,099,895

$ 1,603,813,115 $ 256,440,564

$ 408,197,896

$ 740,373,595

$

54,079,707

$

1,147,473

$

370,842

$

1,009,322

$

89,346,785

$

55,286,797

$ 3,210,066,096

$ 116,021,107

$ 996,814,158

$ 553,838,911

$

3,039,500

$

37,099,895

$ 1,503,252,525

$ 250,914,362

$ 129,089,253

$

65,746,167

$

90,526,579

$ 225,355,657

$

2,784,785

$

21,887,323

$

0

MONDAY, FEBRUARY 26, 2001

Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System

Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding

State Funds Budgeted

Regents Central Office and Other Organized Activities

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

$

Public Libraries

$

State Data Center

$

$ $ $ $ $ $
$
$ $
$ $ $ $ $
$
Total Funds 2,516,306 $ 5,204,604 $ 1,878,491 $
112,348,319 $
21,887,323 $ 73,740,974 $ 60,527,405 $ 230,375,431 $
3,569,225 $ 5,353,607 $ 3,625,810 $ 3,443,781 $ 35,301,089 $ 35,628,283 $ 35,153,617 $

1177
798,000 6,304,720 1,379,525
600,000 1,390,021
0
22,316,428
32,375,807 30,000,000
630,554,265 7,633,100
301,016,038 70,447,265
543,500
250,914,362
State Funds 1,646,559 1,853,484 1,110,858 10,248,495
9,280,323 45,600,255 37,511,168 35,961,155
3,569,225 576,097 0 89,811
35,194,240 33,119,075 35,153,617

1178

JOURNAL OF THE HOUSE

Total

$

D. Budget Unit: State Funds - 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 Technology Equipment Initiative Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue.
State Funds
Tobacco Funds Personal Services Regular Operating Expenses

630,554,265 $ 250,914,362

$

0

$

10,661,987

$

14,875,994

$

4,040,278

$

4,855,685

$

34,433,944

$

34,433,944

$

0

$

54,011,222

$

15,000,000

$

4,371,000

$

1,500,000

$

7,466,000

$

2,964,222

$

800,000

$

20,000,000

$

1,910,000

$

54,011,222

$

54,011,222

$ 298,805,287

$

0

$

69,266,747

$

7,273,513

MONDAY, FEBRUARY 26, 2001

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
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

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

$

Section 30. Secretary of State. A. Budget Unit: Secretary of State

State Funds Personal Services

$ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 25,250,650 $ 8,570,473 $ 15,264,364 $ 24,379,893 $ 8,893,616 $ 34,634,721 $ 170,504,262 $ 5,672,039 $ 20,000 $ 8,002,255 $ 2,991,469 $
304,183,742 $
$ $

1179
1,205,983 293,267 581,994
28,955,299 2,991,514 3,751,952 1,852,450 4,272,795
0 9,027,550 3,738,010 4,972,668 166,000,000
304,183,742 3,845,000 0
298,805,287
State Funds 25,250,650 8,420,473 14,249,164 24,239,893 8,593,616 33,334,721 168,970,807 5,572,039 20,000 7,162,455 2,991,469
298,805,287
33,850,597 18,790,954

1180

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

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

$

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$

2,954,861

$

234,150

$

191,357

$

69,986

$

3,108,446

$

3,005,529

$

851,920

$

2,034,856

$

640,900

$

3,012,638

$

34,895,597

$

33,850,597

Total Funds 4,888,489 $ 5,109,479 $ 2,532,021 $ 2,312,818 $ 4,996,638 $ 1,353,596 $ 588,821 $
12,872,840 $ 240,895 $
34,895,597 $

State Funds 4,858,489 5,034,479 1,812,021 2,262,818 4,976,638 1,353,596 588,821
12,722,840 240,895
33,850,597

$

2,336,433

$

1,431,003

$

175,000

$

18,000

$

0

$

10,000

$

318,945

$

170,085

$

69,400

$

144,000

MONDAY, FEBRUARY 26, 2001

1181

Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Section 32. Student Finance Commission. A. Budget Unit: Student Finance
Commission
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$
$
State Funds 2,336,433 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $

2,336,433
2,336,433
Cost of Operations
2,376,433
2,854,699 1,632,926
300,900 40,515 124,741 20,033 12,128 123,852 27,195
1,055,702 87,000
350,000
3,774,992
2,854,699
35,041,906 542,191 26,355 21,257 0

1182

JOURNAL OF THE HOUSE

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

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $
$
$
Total Funds 34,314,735 $
727,171 $
35,041,906 $

6,300 20,233 50,438 13,691 46,706
0 4,669,455 27,886,156
0 68,000
337,500 60,500 40,000 739,412
0 513,712
35,041,906
35,041,906
State Funds 34,314,735
727,171
35,041,906

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

$ 270,279,309

$ 149,901,564

$

32,612,621

$

40,216,466

$

0

$

38,757,070

$

657,426

$

232,330

$

3,496,800

$

1,960,000

MONDAY, FEBRUARY 26, 2001
Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted
Section 33. Teachers' Retirement System.
State Funds 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
Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical
and Adult Education
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

1183

$

1,845,032

$

600,000

$ 270,279,309

$ 270,279,309

$

3,270,000

$

8,527,740

$

489,044

$

20,500

$

0

$

15,000

$

1,100,409

$

622,335

$

359,698

$

425,000

$

0

$

3,100,000

$

170,000

$

0

$

14,829,726

$ 254,305,576

$

6,275,876

$

413,890

$

132,000

$

0

$

57,741

$

550,846

$

392,265

$

836,328

$

115,980

1184

JOURNAL OF THE HOUSE

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

Administration

$

Institutional Programs

$

Total

$

$ $ $ $ $ $ $
$
$
Total Funds 8,774,926 $
321,277,767 $
330,052,693 $

5,913,907 211,482,640
61,499,037 6,454,757 19,888,214 3,698,828 12,340,384
330,052,693
254,305,576
State Funds 6,715,138
247,590,438
254,305,576

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite DishesAdult 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.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

12,500,000

$

0

$

0

$

0

$

12,500,000

$

0

$

12,500,000

$

12,500,000

$ 661,880,424

$ 273,837,814

$

63,813,492

$

2,188,931

$

2,000,000

MONDAY, FEBRUARY 26, 2001

1185

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

$

10,345,685

$

12,829,146

$

1,335,963

$

4,492,508

$

94,896,742

$ 1,056,184,631

$

7,071,616

$

18,777,963

$

710,855

$

555,666

Total Funds Budgeted

$ 1,549,041,012

State Funds Budgeted

$ 661,880,424

Departmental Functional Budgets
Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration

Total Funds

$ 1,239,840,287 $

$

229,902,266 $

$

19,606,694 $

$

24,472,369 $

State Funds 384,783,921 212,919,211
18,874,694 23,672,369

Total

$ 1,513,821,616 $ 640,250,195

General Funds Budget

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities $

191,154 $ 0$
22,753 $ 3,630,535 $ 30,664,099 $
710,855 $

191,154 0
22,753 3,093,324 17,612,143
710,855

Total

$

35,219,396 $

21,630,229

Section 36. Department of Veterans Service.
State Funds Personal Services

$

20,382,816

$

5,732,166

1186

JOURNAL OF THE HOUSE

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
Veterans Assistance Education and Training Veterans Nursing Home-Augusta

Total Funds

$

21,941,480 $

$

0$

$

8,143,660 $

Total

$

30,085,140 $

297,803 100,000
0 295,957 27,080 264,941
83,660 14,810,500 7,840,660
0 196,373
436,000
30,085,140
20,382,816
State Funds 15,861,820 0 4,520,996
20,382,816

Section 37. Workers' Compensation Board.
State Funds 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

$

11,949,645

$

9,847,042

$

434,815

$

140,600

$

0

$

9,288

$

200,320

$

1,232,524

$

211,656

$

133,400

$

0

MONDAY, FEBRUARY 26, 2001

1187

Total Funds Budgeted

$

12,209,645

State Funds Budgeted

$

11,949,645

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)

$ 502,115,553

$

50,000,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 552,115,553

$

67,413,195

$

0

$

67,413,195

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

1188

JOURNAL OF THE HOUSE

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 Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 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 selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 41. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

MONDAY, FEBRUARY 26, 2001

1189

RECIPIENT Pierce County
Sumter County
City of Atlanta Lowndes County
City of Dawsonville City of Hartwell
DeKalb County Convention Center Authority
Pulaski County Cobb County
City of Albany Georgia Mountains RDC Clayton County
Columbia County Library Trustees Gwinnett County
Wayne County Board of Education
City of Smyrna
Bibb County
Clayton County
City of Albany
Banks County

DESCRIPTION Lee Street Resource Center

AMOUNT $ 125,000

Continue restoration effort at the Rylander Theater in Americus

$

Martin Luther King, Jr. Boulevard revitalization $

Construct Valdosta/Lowndes County Conference Center

$

Thunder Road/NASCAR Hall of Fame, Dawsonville

$

Hartwell Conference Center and wastewater treatment facilities

necessary

$

Feasibility study for planning and design for

DeKalb County Convention and Visitor's Bureau cultural center

$

450,000 100,000 1,000,000 150,000 1,000,000
50,000

Restoration of the Pulaski County Courthouse Feasibility study and implementation of the South Cobb redevelopment initiative Civil Rights Museums in Albany Feasibility study for Lake Lanier water quality council

$ 400,000

$ 1,000,000

$

75,000

$

32,000

Preservation/renovation of first brick house in historic Jonesboro in Clayton County

$

Feasibility study for planning and design of the Columbia County library

$

Train and rehabilitate workers in Gwinnett County

$

Purchase additional seating and equipment for

the Wayne

$

County High School Auditorium

Construction and land improvements for Cobb Veterans' Memorial in Smyrna

$

Contract for services with Harriet Tubman Museum in Bibb County

$

Contract for services with Clayton County Greenway Council

$

Conduct a feasibility study on water usage planning for South Georgia at Albany State

$

Construct a multi-purpose agricultural building in Banks County

$

50,000 50,000 50,000
50,000
250,000 150,000 68,000 750,000 200,000

1190

JOURNAL OF THE HOUSE

City of Tifton

To provide funds for an agricultural facility in Tifton

$

Stephens County Provide funds for a high school cannery in

Board of

Stephens County

$

Education

City of Cairo

Contract with Southwest Georgia Community Foundation for Performing Arts Center in Cairo

$

City of Augusta Contract for services with National Legacy Foundation in Augusta

$

Alcovy Shores Improvements to Alcovy Shores Public Water

Water and

System in Jasper County

Sewerage

$

Authority

(Jasper County)

Appling County Improvements to the Long Branch Community Center building in Appling County

$

Athens-Clarke Contract for services with Northeast Georgia

County

Health Center for the Patient Cardiovascular Disease Prevention Project in East Athens-Clarke

$

County

Athens-Clarke County

Contract for services with Food Bank of Northeast Georgia in Athens-Clarke County

$

Athens-Clarke Purchase van for the Athens Regional Library

County Library System in Athens-Clarke County

$

Trustees

Athens-Clarke County

Contract for services with Athens Child Development, Inc. for emergency child care

$

Athens-Clarke County

Upgrade computers and expand services at the Athens Neighborhood Health Center

$

Atkinson County Improvements to jail including safety and security in Atkinson County

$

Atkinson County Purchase/install playground equipment, tractor

and finishing mower for Axson, Willocoochee $

and Pierson Parks in Atkinson County

Atkinson County Repair high school bleachers and fencing at

Board of

football field and repair roof at Pearson

$

Education

Elementary and Atkinson County High

Augusta/Richmond Contract for services with the Shiloh

County

Comprehensive Community Center in

$

Augusta/Richmond County

Augusta/Richmond Contract for services with the Lucy C. Laney

County

Museum in Augusta/Richmond County

$

100,000 200,000 190,000 150,000
15,000
5,000 25,000 25,000 25,000 30,000 20,000 10,000 15,000 20,000 2,500 2,500

MONDAY, FEBRUARY 26, 2001

1191

Augusta/Richmond Contract for services with Beulah Grove

County

Resources in Augusta/Richmond County

$

Augusta/Richmond Contract for services with the CSRA

County

Transitional Center, Inc. in Augusta/Richmond $

County

Augusta/Richmond County

Repair and purchase/install new seating for the Imperial Theater in Augusta/Richmond County

$

Augusta/Richmond Landscaping and flowers for Augusta/

County

Richmond County

$

Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education

Contract for services with Belle-Terrace

Community Center for summer programs in

$

Augusta/Richmond County

Technology improvements for East Georgia Easter Seals in Augusta/Richmond County

$

Contract for services with the Neighborhood

Improvement Project, Inc. in Augusta/

$

Richmond County

Contract for services with the Augusta/ Richmond Opportunities Center, Inc.

$

Contract for services with Good Hope Social

Services summer school program in

$

Augusta/Richmond County

Improvements to a recreation facility and adjacent facilities in Augusta/Richmond County

$

Contract for services with Augusta Arsenal and Carriage Works Museum

$

Purchase band equipment for Richmond

Academy High School

$

Improvements to baseball field fence and

dugout for girls softball team at Westside Comprehensive High School in Augusta/

$

Richmond County

Purchase equipment for Terrace Manor

Elementary School in Augusta/Richmond

$

County

Purchase equipment for Wilkinson Gardens

Elementary School in Augusta/Richmond

$

County

2,500 12,500 25,000 25,000 5,000 5,000 10,000 10,000 20,000 45,000 40,000 5,000
15,000
7,500 2,500

1192

JOURNAL OF THE HOUSE

Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Bacon County
Baldwin County
Baldwin County
Baldwin County
Baldwin County
Baldwin County Board of Education Banks County
Ben Hill County
Ben Hill County
Ben Hill County
Berrien County
Berrien County
Berrien County
Bibb County
Bibb County

Purchase equipment and furnishings for the technical program at Glenn Hills High School $ in Augusta/Richmond County Purchase technology improvements for Tutt Middle School in Augusta/Richmond County $

Purchase athletic equipment and uniforms for

the Glenn Hills High School in Augusta/

$

Richmond County

Purchase equipment for Bacon County Extension Service

$

Safety improvements to a county road in Baldwin County

$

Pave a parking lot at Walter B. Williams, Jr. Park in Baldwin County

$

Purchase equipment for East Baldwin Fire Station

$

Develop a countywide prioritized transportation plan in Baldwin County

$

Installation of lighting project including

scoreboard control cables for high school

$

baseball field in Baldwin County

Upgrade computers for foster homes' programs in Banks County

$

Construct a new facility for the Fire Station #5 in Ben Hill County

$

Purchase/install lighting for new ballfield in Ben Hill County

$

Contract for services for monitoring Enrichment Program in Ben Hill County

$

Purchase/install road identification traffic signs in Berrien County

$

Purchase life saving emergency equipment for the West Berrien Volunteer Fire Department

$

Purchase fire fighting emergency equipment in Berrien County

$

Planting and beautification of southern gateway in Bibb County

$

Operation and staff development of the Douglas Theater in Bibb County

$

7,500
20,000
10,000 3,000 10,000 40,000 15,000 10,000 25,000 2,000 5,000 10,000 20,000 5,000 10,000 10,000 30,000 10,000

MONDAY, FEBRUARY 26, 2001

1193

Bibb County
Bibb County Bibb County Bibb County
Bleckley County Board of Education
Bleckley County Bleckley County Brantley County
Brantley County Brooks County Bryan County
Bryan County Bryan County Bryan County
Board of Education Bryan County Board of Education Bulloch County
Bulloch County

Contract for services and purchase medical

assistance for indigent HIV patients at Bibb

$

County Health Clinic

Contract for services with the Hope initiative in Bibb County

$

Contract for services with Disabilities Connections in Bibb County

$

Purchase/install lighting for soccer field for

Middle Georgia Soccer Association, Inc. in $

Bibb County

Purchase/install lighting for Bleckley County

Schools

$

Purchase technology equipment for Bleckley County public safety

$

Bleckley County Fire Department

$

Operating expenses for Department of

Intergovernmental Relations in Brantley

$

County

Purchase equipment for Brantley County volunteer fire departments

$

Purchase firefighting equipment for the Talloakes Road Volunteer Fire Department

$

Renovate pier and bathroom facilities and

purchase/install picnic tables at the Tivoli River $

recreation area in Bryan County

Renovate Pembroke Senior Citizen's Center in Bryan County

$

Purchase emergency fire equipment for Bryan County Fire Department

$

Purchase playground equipment for Bryan

County Elementary

$

Purchase/install stand for the Bryan County

High School Football field

$

Improvements to picnic pavilion in Brooklet

Park for the Statesboro/Bulloch County

$

Recreation Department

Renovate and rewire Brooklet Elementary School in Bullock County

$

15,000 20,000 20,000 25,000
10,000 10,000 10,000 10,000 5,000 3,000 3,000 5,000 5,000 10,000
10,000
10,000 25,000

1194

JOURNAL OF THE HOUSE

Bulloch County
Burke County Board of Education Burke County Board of Education Butts County
Calhoun County Board of Education Candler County Board of Education Carroll County Board of Education Carroll County Board of Education Charlton County Board of Education Charlton County
Chatham County
Chatham County
Chattahoochee County Chattahoochee Board of Education Chattooga County
Clayton County

Remodel and renovate livestock center in Bulloch County

$

Transportation costs and training fees for

distance learning classes in Burke County

$

Purchase a computerized reading program

(Waterford Program) for primary schools in

$

Burke County

Construct and operate animal shelter in Butts County

$

Purchase athletic equipment for Calhoun

County schools

$

Purchase furniture for a new high school in the

City of Metter, Candler County

$

Upgrade athletic facilities at Central High

School in Carroll County

$

Improvements to Temple High School Athletic

facilities in Carroll County

$

Purchase playground equipment for Folkston

Elementary School in Charlton County

$

Purchase equipment for Charlton County volunteer fire departments

$

Contract for services with Senior Citizens, Inc. in Chatham County

$

Contract for services from Savannah/Chatham

Humane Society requiring repairs, renovation $

and new cages

Drill groundwater well and replace pump in Chattahoochee County

$

Renovate classrooms for in Chattahoochee

County schools

$

Purchase automatic defibrillators for the Chattooga County Mutual Aid Association

$

Contract for services from the Rainbow House,

Inc. requiring facility improvements in Clayton $

County

50,000 15,000 50,000 15,000 10,000 20,000 15,000 15,000 25,000 5,000 15,000 5,000 40,000 30,000 10,000 50,000

Clayton County
Clayton County
Clayton County
Clayton County Clayton County
Clayton County Board of Education Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education Clayton County Board of Education
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education

MONDAY, FEBRUARY 26, 2001

Landscaping for the Clayton County Department of Transportation

$

Purchase new furniture and laptop computer for

the Clayton County Aging Program Advisory $

Board

Contract for services with the Calvary Refuge

Center shelter for the homeless in Clayton

$

County

Restore the Old Mundy Mill in Clayton County $

Contract for services with Clayton Clean and Beautiful program for educational information

$

Repair/renovate P.E. Athletic Field and

purchase uniforms and athletic equipment for $

Lovejoy Middle School in Clayton County

Improvements to the marching band practice

field at Lovejoy High School in Clayton

$

County

Construct an outdoor pavilion at Lee Street

Elementary in Clayton County

$

Purchase projection device for the M.D.

Roberts Middle School technology addition in $

Clayton County

Complete student services for M.D. Roberts

Middle School in Clayton County

$

Purchase audio/visual equipment for computer

technology instruction at Jonesboro Middle

$

School in Clayton County

Purchase books for the Jonesboro Middle

School library in Clayton County

$

Purchase playground equipment for Northcutt

Elementary School in Clayton County

$

Purchase equipment for the athletic, fine arts

and band programs at North Clayton Middle $

School in Clayton County

Purchase equipment for fine arts and band

programs at North Clayton High School in

$

Clayton County

1195 10,000 10,000 50,000
5,000 15,000 2,500 3,000 10,000 4,800 8,000 2,500
4,800 5,000 10,000 10,000

1196

JOURNAL OF THE HOUSE

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 Board of Education Clayton County Board of Education Clayton County Board of Education Clinch County Cobb County
Cobb County

Purchase equipment for the athletic program at North Clayton High School in Clayton County $

Athletic program, fine arts and band programs at Riverdale Middle School in Clayton County $

Purchase playground equipment at Riverdale

Elementary School in Clayton County

$

Purchase equipment for the athletic, fine arts

and band programs at Riverdale High School in $

Clayton County

Purchase equipment for the athletic program at

Riverdale High School in Clayton County

$

Purchase playground equipment for West Clayton Elementary School in Clayton County $

Purchase playground equipment for Pointe

South Elementary in Clayton County

$

Purchase equipment and security monitors for Pointe South Middle School in Clayton County $

Purchase playground and outdoor fitness equipment for the new Hawthorne Elementary $ School in Clayton County Purchase playground equipment for E. W. Oliver Elementary School in Clayton County $

Complete a walking track for the students at Brown Elementary School in Clayton County $

Purchase playground equipment for Church Street Elementary School in Clayton County $

Improvements to Clinch County recreation park $

Repair and renovate South Cobb Community Center

$

Purchase van for Cobb/Douglas Regional Board and Service Board in Cobb County

$

10,000 5,000 5,000
10,000 10,000
5,000 9,000 10,000 7,500 5,000 2,500 5,000 15,000 30,000 10,000

MONDAY, FEBRUARY 26, 2001

1197

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 Board of Education Cobb County Board of Education Cobb County Board of Education Colquitt County
Columbia County
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education

Expand Pebblebrook High School football

stadium in Cobb County

$

King Springs Elementary School Language

Development Program in Cobb County

$

Purchase/install educational class sound system

at Nickajack Elementary School in Cobb

$

County

Purchase/install technology connections,

wiring, security systems at Powers Ferry

$

Elementary School in Cobb County

Improvements to the Campbell High School

storage restroom facility in Cobb County

$

Purchase/install 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

Environmental class improvements for Addison

Elementary School in Cobb County

$

Upgrade lab and equipment for Cobb County

Schools

$

Construct a building and purchase equipment

for the Crossland Fire Department in Colquitt $

County

Beautify five entrances of Harlem with trees and shrubs in Columbia County

$

Purchase classroom computers for Stevens

Creek Elementary in Columbia County

$

Purchase classroom computers for Blue Ridge

Elementary in Columbia County

$

Create a nature learning trail for Martinez

Elementary in Columbia County

$

30,000 5,000 5,000
25,000 25,000 15,000 40,000
5,000 14,000 10,000 6,000 5,000
5,000 5,000

1198

JOURNAL OF THE HOUSE

Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education 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

Athletic improvements at Lakeside High

School in Columbia County

$

Purchase classroom computers for Riverside

Elementary School in Columbia County

$

Purchase/install lighting for softball fields at

Harlem, Lakeside, and Greenbrier High

$

Schools in Columbia County

Improve landscaping and install an irrigation

system at Evans Elementary School in

$

Columbia County

Refurbish football stadium and field houses at

Evans Middle School in Columbia County

$

Improvements to band room at Evans High in

Columbia County

$

Health Center in South Columbus $

Contract for services with the Urban League of

Greater Columbus for "Youth Alive 2000"

$

Renovation, maintenance and operation of

Memorial Stadium for the Adahalia Mack Park $

Community Center

Play and Learn Together program for

Columbus Extension Service

$

Contract for services with Outreach Programs

at Boys and Girls Clubs of Columbus, Inc.

$

Contract for services with Two Thousand

Opportunities, Inc. in Columbus/Muscogee

$

County

Contract for services with Project Rebound/

Family Institute in Columbus/Muscogee

$

County

Contract for services with the Easter Seals of

West Georgia, Inc. day care center in

$

Columbus/Muscogee County

25,000 5,000
30,000 4,000 10,000 25,000 25,000 25,000 50,000 25,000 120,000 50,000 25,000 40,000

MONDAY, FEBRUARY 26, 2001

Columbus/

Match challenge grants for the Human

Muscogee

Experience Theater in Columbus/Muscogee

$

County

County

Columbus/

Columbus Community Center Outreach

Muscogee

tutoring and outreach programs

$

County

Columbus/

Contract for services with Metropolitan

Muscogee

Columbus Task Force for the Homeless

$

County

Columbus/

Purchase a shelter facility for the Children's

Muscogee

Emergency Shelter and Assessment Center in $

County

Columbus

Columbus/

Contract for services with the Combined

Muscogee

Communities of Southeast Columbus for a

$

County

summer tutorial program

Cook County

Purchase fire fighter emergency equipment in Cook County

$

Crawford County Purchase equipment and operation of the Crawford County Chamber of Commerce

$

Crawford County Construct a covered pavilion at Crawford

Board of

County High School

$

Education

Crawford County Expansion and improvements to athletic

Board of

facilities for Crawford County High School

$

Education

Crisp County

Operating and maintenance funds for Crisp Area Art Alliance

$

Dawson Downtown Creation of park area for Main Street for the

Development

Dawson Downtown Development Authority $

Authority

DeKalb County

Renovations at the Art Station Inc. in DeKalb County

$

DeKalb County Renovate/repair entrances, beautification and

maintenance of community common areas and $

landscaping in DeKalb County

DeKalb County Contract for services with Art Station, Inc. after

school and summer programs in DeKalb

$

County

DeKalb County Purchase music education and workshops for

the South DeKalb Youth Choir in DeKalb

$

County

1199
25,000 20,000 25,000 100,000 20,000 15,000 20,000 20,000 35,000 20,000 30,000 30,000 28,000 25,000 10,000

1200

JOURNAL OF THE HOUSE

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 DeKalb County
DeKalb County DeKalb County

Contract for services Mr. Kenyada's

Neighborhood, Inc. for computer literacy

$

programs in DeKalb County

Contract for services with Black Women

Coalition of Atlanta for tutorial program and $

scholarships in DeKalb County

Improvements and purchase equipment for the Central DeKalb Youth Football program

$

Construct additional fields for Central DeKalb Sports Association

$

Purchase van, insurance and maintenance for

Scottdale Child Development and Family

$

Resource Center, Inc. DeKalb County

Contract for services Iam, Inc. for tutorial

program and leadership academy in DeKalb $

County

Purchase signs for the Belvedere Little League

Program located on Glenwood Road in DeKalb $

County

SLAM (Students Learning and Advancing in Math) Plus Reading program in DeKalb County

$

Expand and renovate Exchange Park for the

Glenwood Hills Youth Association in DeKalb $

County

Redan High Touchdown Club for athletic field house

$

Contract for services with DeKalb Clean and Beautiful projects

$

Maintenance of Lithonia Women's Club in DeKalb County

$

Contract for services for athletic activities for Browns Mill Park in DeKalb County

$

Development of Wonderland Gardens in South DeKalb County

$

Construct picnic pavilion and repave main

service drive at the Gresham Park Baseball and $

Youth Football fields in DeKalb County

Contract for services with Clarkston Community Center in DeKalb County

$

Construct a facility for Senior Connections in DeKalb County

$

7,500
10,000 25,000 25,000 40,000
15,000
7,500 5,000 50,000 1,000 19,000 5,000 20,000 25,000 30,000 20,000 60,000

MONDAY, FEBRUARY 26, 2001

1201

DeKalb County
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
Dodge County
Dodge County
Dougherty County
Dougherty County
Dougherty County
Douglas County

Purchase/implement youth programs and services in DeKalb

$

Contract for services with Push Push Theater in DeKalb County

$

Contract for services Green Forest Community

Development Corp. for after school and

$

computer literacy programs in DeKalb County

Purchase equipment, uniforms and supplies for

Lithonia High School in DeKalb County

$

Implementation of brain-based layered

curriculum at Shamrock Middle School in

$

DeKalb County

Purchase materials and equipment, construct an

indoor habitat and fund field trips for Cedar

$

Grove Middle School in DeKalb County

Purchase/install school sign at the Hooper-

Alexander Elementary School in DeKalb

$

County

Programs complimenting elementary school

PTA activities in DeKalb County

$

Contract for services for an accelerated reading

program at Forest Hills Elementary School in $

DeKalb County

Purchase band uniforms and instruments for

each DeKalb County High School

$

Repair Dodge County courthouse and purchase computers

$

Contract for services with the Dodge County Recreation Commission

$

Construct a memorial to Confederate soldiers

including landscaping of a one acre park in

$

Dougherty County

Contract for services with River Rd Inc., d/b/a

SAFEC-South Albany Family Enrichment

$

Collaborative in Dougherty County

Contract for services with the Dougherty County Community Coalition

$

Improvements to the emergency 911 dispatch system in Douglas County

$

20,000 40,000 21,000 5,000 10,000 10,000 6,000 9,000 8,000 18,000 55,000 10,000 25,000 10,000 25,000 40,000

1202

JOURNAL OF THE HOUSE

Douglas County Board of Education
Echols County
Effingham County
Effingham County
Effingham County Board of Education
Elbert County
Elbert County Board of Education
Elbert County Board of Education
Emanuel County
Emanuel County Library Trustees Emanuel County
Emanuel County
Fannin County
Fannin County
Floyd County
Floyd County Board of Education
Franklin County Franklin County
Board of Education

Purchase/install integrated information systems

technology lab at Alexander High School in $

Douglas County

Construct a building for Echols County Volunteer Fire Department

$

Purchase Jaws of Life and additional fire-

fighting equipment for Faulkville Volunteer $

Fire Department in Effingham County

Construct a pavilion at the Meldrim Community Park in Effingham County

$

Purchase playground equipment for Springfield

Central Elementary in Effingham County

$

Purchase building and equipment for the Petersburg Fire Department in Elbert County

$

Purchase equipment for Elbert County High

Band

$

Purchase playground equipment for Bowman

Elementary School in Elbert County

$

Renovate and purchase equipment for the Emanuel County volunteer fire departments

$

Purchase equipment for Emanuel County Library

$

Downtown development including repair/ renovation to county park in Emanuel County

$

Planning and repairs for Emanuel County Airport

$

Renovations/repairs to Fannin County courthouse

$

Renovations/repairs to the Epworth Community Club in Fannin County

$

Contract for services with Rome/Floyd Recreation Authority

$

Purchase equipment for technology programs

for Coosa High School Technology Education $

Center in Floyd County

Gum Log Fire Department in Franklin County $

Complete interior and furnish new Agriculture

Center at the Franklin County High School Ag $

Department

5,000 50,000 5,000 5,000 10,000 15,000 3,500
2,500 15,000 10,000 50,000 10,000 25,000 35,000 10,000 30,000 5,000 20,000

MONDAY, FEBRUARY 26, 2001

1203

Fulton County

Contract for services with Holistic Stress Control, Inc. in Fulton County

$

Fulton County

Implement/improve Senior Citizens Services of

Metropolitan Atlanta Adult Day Care Center in $

Fulton County

Fulton County

Implement/improve programs and services at the Dogwood Senior Center in Fulton County

$

Fulton County

Inter-generational Resources Center in Fulton County

$

Fulton County

Improvements to a multipurpose facility for

Harriett G. Darnell, Senior Center in Fulton

$

County

Fulton County

Fulton County Sheriff's Department for a jobs programs

$

Fulton County

Contract for services with the Concerned Citizens of Atlanta, Inc. in Fulton County

$

Fulton County

Purchase equipment for the Georgia

Association of Homes and Services for Children for Information Management Systems

$

in Fulton County

Fulton County

Contract for services with the Old National

Merchants Association/ WrapAround Collaborative for an after school program in

$

Fulton County

Fulton County

Contract for services with Straight Talk Counseling Services, Inc. in Fulton County

$

Fulton County

Purchase technology and equipment for

Board of Education

Spalding, Woodland, Roberts Road, Heards Ferry, and High Point Elementary Schools in

$

Fulton County

Fulton County

Contract for services with the "Georgia Garden

Board of

of Opportunity" outdoor classroom at Webb $

Education

Bridge Middle School in Fulton County

Fulton County

Construction and purchase supplies for the

Board of

"Science Fair Project" classroom at Medlock $

Education

Bridge Elementary School

Georgia Mountains RDC

Contract for services with the Elachee Nature Science Center for the Georgia Mountains RDC

$

Gilmer County

Renovate Civic Center/ambulance service quarters in Gilmer County

$

Glascock County

Renovate courthouse annex and purchase fire equipment for Glascock County

$

25,000 20,000 20,000 30,000 100,000 25,000 30,000 25,000
50,000 15,000 50,000
10,000 40,000 25,000 25,000 10,000

1204

JOURNAL OF THE HOUSE

Glynn County

Construct a county owned basketball court in Glynn County

$

Glynn County

Purchase/install lights for the North Glynn Recreation Park Ballfield

$

Glynn County

Purchase/install playground equipment at Massengale Park in Glynn County

$

Gordon County

Purchase playground equipment and repairs at Salacoa Park in Gordon County

$

Grady County

Purchase/install computer systems for the

Grady County "All" Volunteer Fire Department $

in each fire station

City of Union Point Purchase of portable speed control monitor

$

Greene County

Renovate Historic Greene County Jail

$

Gwinnett County

Purchase equipment for Creative Enterprises, Inc. in Gwinnett County

$

Gwinnett County

Restore the Lawrenceville-Gwinnett Historical Cemetery

$

Gwinnett County Purchase educational material and gym

Board of

enhancements for Rockbridge Elementary

$

Education

School in Gwinnett County

Gwinnett County Improvements for athletic facilities at Shiloh

Board of

High School in Gwinnett County

$

Education

Gwinnett County Improvements to the Duluth Youth Softball

Board of

field at Duluth High School in Gwinnett

$

Education

County

Gwinnett County Renovate stadium at Central Gwinnett High

Board of

School

$

Education

Gwinnett County Purchase communications and electronic

Board of

equipment for Nesbit Elementary School in

$

Education

Gwinnnett County

Gwinnett County Contract for services with Meadowcreek High

Board of

School in Gwinnett County

$

Education

Hancock County

Purchase turn-out gear and equipment for Hancock County Volunteer Fire Department

$

Hancock County

Purchase uniforms, tools, and equipment for the Hancock Emergency Management Agency

$

Hancock County Expand Summer Science Camp and Band

Board of

Program in Hancock County

$

Education

Haralson County Haralson recreation department

$

10,000 25,000 20,000 25,000 10,000 10,000 40,000 50,000 25,000 20,000
50,000
100,000
50,000
20,000
20,000 5,000 5,000 10,000 15,000

MONDAY, FEBRUARY 26, 2001

Haralson County Hart County
Board of Education Heard County Development Authority
Henry County
Henry County Board of Education
Henry County Board of Education
Houston County Board of Education
Houston County Board of Education
Houston County Library Board
Irwin County
Irwin County
Jackson County
Jasper County Board of Education
Jasper County
Jeff Davis County Board of Education
Jeff Davis County

Renovate Haralson County Courthouse

$

Renovate stadium at Hart County High School

$

Develop master plan for the Heard County

River Commission for a passive recreational greenway system along the Chattahoochee

$

River

Provide maintenance for the Flint Circuit Council on Family Violence in Henry County

$

Purchase equipment for Stockbridge Middle

School Technology Team in Henry County

$

Purchase/install lighting for the girl's softball

field at Stockbridge High School in Henry

$

County

Establishment of "Seamless" Education

program with Houston County Board of Education, Macon State College and Middle

$

Georgia Tech

Lighting and improvements to Perry High

School football field in Houston County

$

Repair/replace roof and other improvements at

Perry Library and Centerville Library in

$

Houston County

Renovation and lighting for the Irwin County girl's softball field

$

Purchase equipment and start-up for the new Pleasure Lake Fire Department in Irwin County

$

Standardize and replace 10 SCBA's for the North Jackson Fire Department

$

Purchase band/music program uniforms at

Jasper County schools

$

Improvements to athletic field/community amphitheater in Jasper County

$

Improvements to the Jeff Davis High School

Tennis Court

$

Provide for after school program specializing in the arts for Jeff Davis Arts Council

$

1205 50,000 15,000
25,000 10,000 10,000 10,000
50,000
100,000 95,000 10,000 5,000 10,000 10,000 20,000 25,000 10,000

1206

JOURNAL OF THE HOUSE

Jeff Davis County Development Authority Jeff Davis County
Jefferson County
Jenkins County
Johnson County
Jones County
Jones County Library Trustees Jones County
Jones County
Lamar County Board of Education
Lamar County
Lanier County Board of Education
Laurens County
Laurens County
Liberty County
Liberty County
Lincoln County Lincoln County

Completion of structural study of historic

residence for use as tourism complex for the $

Jeff Davis County Development Authority

Public Safety Park for the Jeff Davis County EMS

$

Remodel building for Chamber of Commerce

and Economic Development office in Jefferson $

County

Purchase equipment for the Jenkins County Hospital

$

Equip and renovate the Johnson County volunteer fire department

$

Study and plan for sewerage system improvements in Jones County

$

Purchase materials and labor for restoration and repair of the Jones County Public Library

$

Purchase van for the 4-H Club Program in Jones County

$

Develop a feasibility study and comprehensive

plan for sewer system improvements in Gray $

and Jones County

Construct athletic field for Lamar County

Middle School

$

Plan and construct an Agricultural Exposition Building in Lamar County

$

Improvements to Lanier County computer lab

$

Contract for services with the Stepping Stone, Inc. Child Advocacy Center in Laurens County

$

Improve and purchase property for the Dublin-

Laurens County Recreation Authority for

$

Springdale Park

Construct an outdoor classroom and restroom at

the LeConte - Woodmanston Foundation, Inc. $

Plantation

Construct and equip swimming pool for the Liberty County Recreation Department

$

Repairs to Lincolnton Clubhouse

$

Construct a group pavilion at Lincoln County Historical Park

$

5,000 5,000 25,000 20,000 11,000 15,000 8,000 28,000 25,000
15,000 50,000 15,000 20,000 25,000
25,000 20,000
5,000 5,000

MONDAY, FEBRUARY 26, 2001

Lincoln County
Lincoln County
Long County
Lowndes County
Lumpkin County
Marion County
McDuffie County Board of Education
Miller County Mitchell County
Monroe County
Montgomery County
Murray County
Newton County
Newton County Board of Education
Newton County Oglethorpe County
Peach County Board of Education
Pierce County
Pierce County

Purchase cardiac monitors for EMS in Lincoln County

$

Contract for services with the Midway

volunteer fire department building in Lincoln $

County

Modify courthouse to increase records storage space in Long County

$

Contract for services from Boy's and Girl's

Club of Valdosta, Inc. for an after school

$

learning lab

Purchase computer equipment for Lumpkin County Emergency Services

$

Recreation improvements and expansions in Marion County

$

Planning funds for McDuffie County

Environmental Education Center

$

Renovate Miller County Extension Building $

Purchase equipment for seven Mitchell County volunteer fire departments

$

Improvements to Monroe County courthouse electrical systems

$

Renovate a county-owned recreation

department softball field in Montgomery

$

County

Purchase furniture, equipment, and transportation for Murray County Senior Center

$

Develop a park located in Covington in Newton County

$

Outdoor centers, counseling project, and DARE

program in Newton County

$

Covington Senior Center in Newton County $

Renovate the Crawford Clubhouse at the Oglethorpe County Recreation Department

$

Replace current heating and air-conditioning

system in the Spruce Street School Complex in $

Peach County

Promote membership, economic development and tourism in Pierce County

$

Completion of Lakeview Community Center in Pierce County

$

1207
10,000 10,000 20,000 15,000 25,000 15,000 10,000 25,000 14,000 15,000 10,000 40,000 10,000 25,000 25,000 20,000 35,000 2,000 15,000

1208

JOURNAL OF THE HOUSE

Polk County
Pulaski County Board of Education
Quitman County
Randolph County Board of Education
Richmond County
Richmond County
Richmond County
Richmond County
Rockdale County
Screven County
Seminole County Board of Education
Stephens County
Stephens County
Stewart County Board of Education
Stewart County
Sumter County
Talbot County Library Trustees

Purchase equipment and training for Polk County Fire Departments

$

Purchase uniforms and equipment for

Hawkinsville High School Band in Pulaski

$

County

Prepare site for Welcome Center in Quitman County

$

Carpet and floor replacement in flooded areas

at Randolph County Elementary

$

Food for the poor by Harrisburg West End

Neighborhood Association, Inc. in Richmond $

County

Restoration of the Boyhood home of President

Woodrow Wilson and the Boyhood home of U.S. Supreme Court Justice Joseph Rucker

$

Lamar by Historic Augusta, Inc.

Continue hazardous materials investigation of

illegal dumping with the Marshal's Department $

in Richmond County

Promote collection and management efforts of the Augusta/Richmond County Museum

$

Renovate and repair the Olde Town Conyers Arts Center

$

Furnish additional jail beds for the Screven County Sheriff's Department

$

Construct and furnish weight room and field

house for Seminole County High School and $

Middle School

Contract for services with the Civil Defense ATV in Stephens County

$

Contract for services with Stephens County Volunteer Fire Departments

$

Purchase uniforms, instruments, and equipment

for the Stewart County School for the Arts

$

Purchase a rescue truck and equipment for the Stewart County EMS

$

Purchase firefighting and related equipment for the Lake Blackshear Volunteer Fire Department

$

Train school-age to college youths in basic computer skills in Talbot County

$

30,000 40,000 25,000 35,000
25,000
25,000
30,000 25,000 15,000 25,000 25,000 7,000 25,000 15,000 20,000 50,000 15,000

MONDAY, FEBRUARY 26, 2001

Taliaferro County Board of Education
Tattnall County
Tattnall County Board of Education
Taylor County
Telfair County Board of Education
Telfair County
Thomas County
Thomas County
Tift County
Tift County
Toccoa/Stephens County Airport Authority
Town of Mitchell
Towns County
Towns County Troup County
Twiggs County Union County
Upson County

Funds for land clearing/facilities for new

Taliaferro County school

$

Contract for services with the East Collins

Community Center for an after school program $

in Tattnall County

Expand/improve the canning plant at Tattnall

County High School

$

Purchase and install tornado warning sirens in Taylor County

$

Telfair County athletic program

$

Contract for services with the Telfair County Development Authority

$

Renovation and repairs to the Thomas County courthouse clock and tower

$

Purchase/install an acoustical ceiling and

purchase furniture and equipment at the Marguerite Neel Williams Boys and Girls Club

$

of Thomas County

Development of teen court program at the Tift County YMCA

$

Contract for services with the Red Cross in Tift County

$

Planning of an airport terminal in Toccoa/

Stephens County

$

Renovate and upgrade downtown sidewalk in the Town of Mitchell

$

Construction and purchase equipment for the new Towns County Jail

$

Purchase fire vehicle for Towns County

$

Purchase fixtures, furniture and equipment for

the W. J. Griggs recreation center in Troup

$

County

Renovate courthouse in Twiggs County

$

Purchase a Fire and Rescue A.T.V. vehicle in Union County

$

Improvements to the recreation facility in Upson County

$

1209
10,000
10,000
25,000 25,000 20,000 25,000 10,000
30,000
5,000 10,000 25,000 10,000 50,000 15,000 20,000 19,000 10,000 25,000

1210

JOURNAL OF THE HOUSE

Walker County Board of Education
Walker County
Walton County Board of Education
Ware County
Ware County
Ware County
Ware County Board of Education
Warren County
Wayne County
Wheeler County
White County
White County
Wilcox County
City of Abbeville
City of Acworth
City of Acworth
City of Adairsville City of Adel
City of Ailey

Purchase equipment for LaFayette High School

in Walker County

$

Preservation projects for Walker County Historic

$

Purchase uniforms and equipment for the

Monroe Area Comprehensive High School

$

Band in Walton County

Improvements at the Ware County Recreation Department

$

Joint Tourism Program for Ware and Pierce Counties

$

Drain tile installation at Pierce County

Industrial Park and site preparation for Ware $

County Industrial Park

Mobile classroom unit for Ware County

Magnet School and acoustical improvements at $

Ware County High Gym

Purchase furniture/fixtures for new Warren County Courthouse

$

Renovate Wayne County recreation and voting precinct building

$

Upgrade equipment for the Recreation Department of Wheeler County

$

Purchase equipment for Evening Star Music Series in White County

$

Purchase equipment for Station 5 Shoal Creek in White County

$

Construction of volunteer fire department for

the Cedar Creek Fire Department in Wilcox

$

County

Completion of construction of Abbeville Fire Department Building

$

Purchase playground equipment for Cauble Park in the City of Acworth

$

Improvements/repairs to the Mustang Baseball Field in the City of Acworth

$

Renovate the fire hall in the City of Adairsville $

Construction of Union Rd Veterans Park in the City of Adel

$

Renovate the historic Ailey Rosenwald School $

5,000 7,500 13,000 25,000 10,000 25,000
50,000 15,000 25,000 10,000 5,000 5,000 5,000 5,000 10,000 10,000 40,000
5,000 15,000

MONDAY, FEBRUARY 26, 2001

1211

City of Albany City of Albany City of Albany
City of Allentown City of Alma City of Ambrose City of Aragon City of Ashburn 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 Baldwin

Provide transportation for the Slater King Adult Rehab Day Center in the City of Albany

$

Contract for services with the Lamb Shelter Day Care Center, Inc. in Albany

$

Provide after school hour studies for the East

Albany area through the Greater Mt. Olive

$

Outreach Center, Inc.

Purchase a hitch tractor and lawn equipment for the City of Allentown

$

Purchase/install lighting for Linear Park in the City of Alma

$

Purchase of lighting, playground equipment and softball field/tennis court improvements

$

Recreational and parks improvements for the City of Aragon

$

Renovation and improvements to Old City recreation department park area in Ashburn

$

Contract for services with for Paradise After School Program in the City of Atlanta

$

Support a Southwest YMCA program in the City of Atlanta

$

Washington Park Ballfield Improvements in Atlanta

$

Enhance public safety for Martin Luther King,

Jr. Community Development in the City of

$

Atlanta

Provide housing residential improvement and

economic development for Pittsburgh Community Improvement Association in the

$

City of Atlanta

Contract for services with the Sickle Cell Foundation of Georgia in Atlanta

$

Contract for services with the Simpson Road House of Hope in the City of Atlanta

$

Kennedy Middle School After School Tutorial

Program in Atlanta

$

Pilot program for the Awareness of Prevention

of Substance Abuse for the Fulton Atlanta

$

Community Action Authority, Inc. in Atlanta

Purchase turn-out gear and fire fighting equipment in the City of Baldwin

$

30,000 20,000 20,000 20,000 10,000 5,000 20,000 15,000 15,000 25,000 10,000 50,000
50,000
100,000 40,000 60,000
10,000 10,000

1212

JOURNAL OF THE HOUSE

City of Baldwin
City of Barnesville
City of Baxley
Appling County
City of Blackshear
City of Bloomingdale
City of Bowdon
City of Bremen Board of Education
City of Buchanan City of Byron
City of Camilla
City of Canon
City of Carrollton Board of Education
City of Cartersville
City of Cave Springs
City of Cedartown
City of Chickamauga
City of Claxton
City of Cleveland

Purchase duty weapons and gear for the Baldwin Police Department

$

Repairs and improvements to City of Barnesville Fire Department

$

Rebuild and upgrade the picnic pavilion at Ernest J. Parker park in Baxley

$

Purchase breathing equipment for each fire department in the Appling County

$

Purchase/install lighting and other improvements in Blackshear City Park

$

Purchase emergency equipment and a used fire pumper truck for the City of Bloomingdale

$

Construct/improvements to a multi-purpose

recreation facility, auditorium and gymnasium $

in City of Bowdon

Purchase band equipment for the Sewell Middle

School in the City of Bremen

$

Buchanan recreation department

$

Renovate Gymnasium and Auditorium at Old Byron High School

$

Restoration of CSX train depot in Camilla for use as Welcome/Tourist Center

$

Improvements to the City of Canon public works water system

$

Upgrading athletic facilities for boys and girls

in the City of Carrollton

$

Improvements to the firing range at the Cartersville Police Department

$

Repair/replace roof for the city building and

purchase fire equipment for the City of Cave $

Springs

Recreational improvements for the City of

Cedartown at Northwest Field and Little

$

League

Purchase filtration equipment for City of Chickamauga water treatment plant

$

Purchase equipment for Claxton Police Department

$

Extend the County Sewer Line to a new school in the City of Cleveland

$

7,000 10,000 5,000 10,000 10,000 50,000 60,000
32,000 15,000 25,000 25,000 25,000 15,000 5,000 45,000
30,000 25,000 40,000 10,000

MONDAY, FEBRUARY 26, 2001

1213

City of Cochran

Recreation facility planning and renovation in the City of Cochran

$

City of Cochran Develop a master plan for the Cochran Airport $

City of Coleman

Replace/repair termite infestation damage at Coleman City Hall

$

City of Colquitt

Construct a new baseball/softball facility on Milford Road in Colquitt

$

City of Commerce Replace cabinets and purchase lab equipment

Board of

for Commerce High School

$

Education

City of Concord

Upgrade the City of Concord municipal water system

$

City of Conyers

Construct a Field of Dreams for the Miracle League Located in the City of Conyers

$

City of Culloden

Purchase fire truck and equipment for the City of Culloden

$

City of Dalton

Establishment of official visitors center through the Dalton Convention and Visitors Bureau

$

City of Darien

Purchase sewer vacuum truck for the City of Darien

$

City of Dawson Library Trustees

Restore Carnegie Library in the City of Dawson $

City of Decatur

Contract for services with Young Life South DeKalb mentoring program

$

City of Denton

Purchase/install lights for the recreational center in the City of Denton

$

City of Dillard

Renovate and repair Dillard Farmer s Market $

City of Doerun

Renovate building for use as a community center in the City of Doerun

$

City of Douglas

Construction of Historic Bell Tower, Eastside Park and Roundtree Park in the City of Douglas

$

Dublin City Schools

Purchase computers and equipment for Dublin City Schools

$

City of Dudley

Purchase equipment for Dudley Volunteer Fire Department

$

City of East Ellijay Renovation and repairs to City Hall in East Ellijay

$

City of East Point Start Up and Operations of Atlanta Fulton Council on Youth

$

City of East Dublin

Improvements to the water and sewer system in East Dublin

$

15,000 10,000 5,000 5,000
15,000
25,000 75,000 15,000 2,500 25,000 40,000 15,000 10,000 25,000 20,000 15,000 5,000 25,000 15,000 50,000 15,000

1214

JOURNAL OF THE HOUSE

City of Eatonton Development and construction/improvement

for the Historic Madison Avenue School

$

Project in the City of Eatonton

City of Euharlee

Recreation and parks improvements for the City of Euharlee

$

City of Fargo

Purchase and install steam serving table in the City of Fargo

$

City of Fayetteville

Restore the historic Hollingsworth House in the City of Fayetteville

$

City of Folkston

Purchase/install promotional signs for the City of Folkston

$

City of Folkston Improvements to the electrical system and air-

conditioning system at the historic Mizell

$

House in Folkston

City of Folkston

Planning and design of Okefenokee Research Center in City of Folkston

$

City of Fort Valley

Improvements to Boys and Girls Club of Peach County facility in the City of Fort Valley

$

City of Franklin Springs

Purchase/install public works lift station for sewer system in the City of Franklin Springs

$

City of Ft. Oglethorpe

Improve sidewalk and road improvements and Calvary museum in City of Ft. Oglethorpe

$

City of Gainesville Contract for services with Friends of the Parks in Gainesville

$

City of Gillsville

Construct and rebuild sidewalks in the City of Gillsville

$

City of Guyton

Purchase/install air conditioning and acoustics for City of Guyton gym

$

City of Hahira

Replace Hahira Main Street sidewalk

$

City of Harrison

Renovate old building and construct new City Hall for the City of Harrison

$

City of Hazelhurst Purchase property for Hazelhurst Community Center

$

City of Helen

Contract for services with the River Walk in the City of Helen

$

City of Hinesville Equip fire station in the City of Hinesville

$

City of Hoboken

Improvements to the walking track in the City of Hoboken

$

City of Homeland

Improvements to the outdoor walking track in the City of Homeland

$

City of Jenkinsburg Develop a city park in the City of Jenkinsburg $

40,000
30,000 15,000 10,000 5,000
20,000
10,000 60,000 25,000 10,000 50,000 10,000 10,000 30,000 75,000 25,000 20,000 20,000 5,000 5,000 10,000

MONDAY, FEBRUARY 26, 2001

1215

City of Jesup

Improvements to a city recycling area fence and shelter in City of Jesup

$

City of Kingsland Purchase emergency equipment for the Kingsland Volunteer Fire Department

$

City of Kingston

Contract for services with the museum in the City of Kingston

$

City of Kite

Renovate and repair community center in the City of Kite

$

City of LaFayette Purchase equipment for Nana's House in the city of LaFayette

$

City of LaFayette Purchase additional playground equipment at the Linwood Memorial park in LaFayette

$

City of LaFayette

Improvements to the walking trail at the City of LaFayette Recreation Center

$

City of Ludowici Install water meter and repair station for the City of Ludowici

$

City of Luthersville Repairs and renovations to the old Luthersville Elementary School

$

City of Lyons

Purchase and pave a lot at the Lyons Recreation Department

$

City of Macon

Replace/repair roof of the Booker T.

Washington Community Center facility in

$

Macon

City of Macon

Contract for services with the Macon Police Athletic League youth program

$

City of Madison Construct wheelchair accessible paved area for

the J.E. Owen Memorial Arboretum, Inc. in the $

City of Madison

City of Manchester Renovate and expand the capacity of the public

day care center for day care slots in the City of $

Manchester

City of Marietta Purchase of elementary school music

Board of

keyboarding labs in City of Marietta schools $

Education

City of Marshallville

Construct a sewer service for the proposed Post Office in Marshallville

$

City of

Purchase/install lighting for recreation

McDonough

ballfields at Alexander Park in the City of

$

McDonough

City of Menlo

Construct a community center for the Menlo Housing Authority

$

10,000 25,000 10,000 5,000 5,000 2,500 5,000 10,000 30,000 5,000 15,000 10,000 9,000
25,000
50,000 15,000 10,000 10,000

1216

JOURNAL OF THE HOUSE

City of Montrose Improvements to City of Montrose water system

$

City of Moultrie

Construction of community center to serve Northwest Moultrie

$

City of Mount Zion Renovate of City of Mt. Zion Activity Center $

City of Nahunta

Complete the City Volunteer Fire Department Building in Nahunta

$

City of Nashville

Renovation project for multi- purpose building in the City of Nashville

$

City of Newnan

Remodel the Newnan Community Theater County, Inc. building

$

City of Odum

Repair and renovate facilities adjacent to Odum City Hall

$

City of Offerman Purchase equipment for City of Offerman

$

City of Patterson Patterson Recreation Department in Patterson $

City of Patterson Renovate and purchase equipment for the

Edward (Bud) Newton Recreation Community $

Center in the City of Patterson

City of Pearson

Recreation and utility needs for the City of Pearson

$

City of Pelham

Purchase composting equipment in the City of Pelham

$

City of Pine Lake

Safety and maintenance of public buildings in the City of Pine Lake

$

City of Pinehurst

Renovate the Old Depot in City of Pinehurst for Community Gathering Center

$

City of Pineview Expansion of building occupied by the Clerk's

office, Council, Chamber, Municipal Courtroom and Police Headquarters in the City

$

of Pineview

City of Pitts

Construction of a spec building for the Industrial Park in the City of Pitts

$

City of Pitts

Planning of Industrial Complex in Wilcox County

$

City of Plains

Purchase/install emergency water well for City of Plains

$

City of Quitman

Repairing and upgrading of Humane Society Animal Shelter in Quitman

$

City of Quitman Repair to the former City Hall of Quitman

$

City of Ray City

Construct a multi-purpose recreation facility in Ray City

$

10,000 25,000 15,000 10,000 20,000 10,000 5,000
5,000 5,000 5,000
10,000 25,000 20,000 15,000
10,000
25,000 10,000 34,000 10,000 40,000 10,000

MONDAY, FEBRUARY 26, 2001

1217

City of Rayle City of Rebecca City of Riverdale
City of Rochelle City of Rockmart City of Rome
City of Rome
City of Rome City of Roswell City of Savannah City of Savannah City of Savannah City of Savannah City of Savannah City of Screven City of Smyrna City of Smyrna City of Social Circle City of Soperton

Repair water system and purchase equipment for fire department in Rayle

$

Construction, equipment and supplies for the City of Rebecca recreation area

$

Improvements for city park including repairs

and purchasing equipment in the City of

$

Riverdale

Renovation and repair to City Hall in the City of Rochelle

$

Provide recreational funds for the City of Rockmart

$

Purchase automatic defibrillators and train

personnel at the Rome Floyd County Fire

$

Department

Contract for services with the National Creative

Society for "Children Helping Children" in the $

City of Rome

Renovate Rome Area History Museum to meet ADA requirements

$

Promote the Chattahoochee River Trail System for the Roswell Convention and Visitors Center

$

Replace all lights in the W.W. Law Regional Center, a multi-recreational center.

$

Improvements to the Cultural Affairs Commission building in Savannah

$

Purchase equipment and medical supplies for Savannah Health Mission clinic

$

Repair exterior of the Economic Opportunity Authority Building

$

Purchase green space/park for Liberty City Community in the City of Savannah

$

Construct tennis court and purchase defibrillators for the City of Screven

$

Construct an arboretum walking trail for the Keep Smyrna Beautiful, Inc.

$

Promote the Smyrna Revitalization Authority Project

$

Repair of sewer line in the City of Social Circle $

Renovate/repair and purchase equipment for City of Soperton Fire Department

$

14,000 7,500 10,000 10,000 30,000 15,000
30,000 20,000 10,000 10,000 10,000 15,000 75,000 50,000 10,000 5,000 10,000 30,000 17,000

1218

JOURNAL OF THE HOUSE

City of Sparta

Revitalization of downtown business district and sidewalks in the City of Sparta

$

City of Sumner

Renovate the sprinkler system in the Old Sumner School auditorium

$

City of Sycamore

Improvements to City Park and purchase recreation equipment in the City of Sycamore

$

City of Sylvester Library Trustees

Improvements and purchases for the Margaret Jones Public Library

$

City of Sylvester

Renovation and improvements to historic Jeffords park in Sylvester

$

City of Talbotton

Improvements to the Kiddie Park in the City of Talbotton

$

City of Tallapoosa Contract for services with the City of Tallapoosa recreation department

$

City of Thomasville

Contract for the services for the Genesis Food Park

$

City of Thunderbolt Operating expenses for the Thunderbolt

Council for assistance for two major drinking $

water projects

City of Tiger

Purchase fire and rescue equipment for the City of Tiger

$

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

$

City of Tybee

Funds for educational beach walks and

Island

ecosystem tours for school children for the City $

of Tybee Island

City of Tybee Island

Purchase/install snow fencing for Tybee Island beach work

$

City of TyTy

Improvements to the Central park walking area

and recreation equipment purchase for the City $

of TyTy

City of Valdosta

Contract for services with the Valdosta Food Bank

$

City of Valdosta

Repair Lowndes County Historical Society and Museum building

$

City of Valdosta

Maintenance and repairs for Valdosta/Lowndes Arts Commission

$

City of Vidalia

Construct a walking trail and resurface tennis courts at the Vidalia Recreation Department

$

10,000 10,000 10,000 10,000 20,000 35,000 15,000 50,000 45,000 10,000 15,000 29,000 25,000 50,000 7,500 35,000 5,000 5,000 20,000

MONDAY, FEBRUARY 26, 2001

1219

City of Villa Rica

Develop ballfields and soccer fields for the City of Villa Rica

$

City of Walthourville

Purchase equipment for the City of Walthourville

$

City of Warner Robins

Operating expenses for Warner Robins Convention and Visitors Bureau

$

City of Warner Robins

Acquisition and development of greenway corridor in the City of Warner Robins

$

City of

Renovate the old school building into arts

Watkinsville

facility for the Oconee County Arts Foundation, $

Inc. in the City of Watkinsville

City of Whigham

Renovate Voting Precinct / Court Room in the City of Whigham

$

City of Woodland Purchase/install lighting for Woodland Community Park

$

City of Wrightsville Repair and renovate the City of Wrightsville Fire Department

$

Appling County

Construct two buildings for the Appling County Fire Department

$

Athens-Clarke County

Improvements to the Clarke County recreational facilities

$

Athens-Clarke County

Pave parking lot for the Athens Boys and Girls Club

$

Baker County

Pave lot and construct playground for Baker

Board of

County Schools

$

Education

Baldwin County Purchase/install lighting for Baldwin High

Board of

School ball field

$

Education

Barrow County

Improvements to the Barrow County recreational facilities

$

City of Kingston Construct a street in the City of Kingston

$

Bartow County

Improvements to several athletic fields for Bartow County Recreation Department

$

Bartow County

Upgrade Pine Log Fire Department in Bartow County

$

Bartow County

Purchase equipment for Folsom Fire Department in Bartow County

$

Bartow County

Renovate/construct Kingston Elementary School Outdoor Campus in Bartow County

$

Bartow County

Purchase equipment for Bartow County Fire Department

$

15,000 10,000 25,000 25,000
15,000
10,000 10,000 28,000 16,000 8,000 21,000
20,000
20,000
8,000 28,000 35,000 8,000 8,000 9,000 7,000

1220

JOURNAL OF THE HOUSE

Berrien County
Bryan County
Bryan County
Camden County
Chatham County
Chatham County Library Trustees
Chattahoochee County
Chattahoochee County Board of Education
Chickamauga City Board of Education
Clarke County
Clay County Development Authority
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Board of Education Cobb County
Cobb County

Maintain Connell Confederate Cemetery in Berrien County

$

Purchase equipment for the Baconton Fire Station in Bryan County

$

Purchase equipment for the Mill Creek Fire Station in Bryan County

$

Upgrade the Fire Safety House in Camden County

$

Purchase outdoor equipment for Chatham

County Recreation Department for Lake Mayer, $

Scott Stell, and Tom Tripplett Parks

Purchase books and materials for Chatham County main library

$

Drill groundwater well and replace pump in Chattahoochee County

$

Renovate classrooms for in Chattahoochee

County schools

$

Resurface Gordon Lee High School track in

Chickamauga

$

Contract for services with the Food Bank of Northeast Georgia in Clarke County

$

Develop feasibility study and plan for proposed

Clay County retirement facility

$

Purchase playground equipment for International Park in Clayton County

$

Construct/repair sidewalks and drainage system for the City of Forest Park

$

Purchase equipment for the Forest Park Athletic Association in the City of Forest Park

$

Contract for services with the Economic

Development and Training Program, Inc. in

$

Clayton County

Purchase/install lighting for Lovejoy High

School softball field in Clayton County

$

Contract for services for Sweetwater Valley Camp in Cobb County

$

Improvements to Fuller Park Recreational Facility in Cobb County

$

15,000 12,000 12,000 32,000 24,000 40,000 60,000 60,000
24,000 20,000 90,000 30,000 100,000 25,000 8,000
33,000 100,000 20,000

MONDAY, FEBRUARY 26, 2001

1221

Coffee County Columbia County Cook County Library Trustees Crisp County
Board of Education Dade County Dawson County Decatur 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

Construct activity room for Concerted Services, Inc. in Coffee County

$

Replace radio communications for Columbia County Sheriff's Office

$

Replace roof of Cook County Library

$

Purchase equipment for the Crisp County High

School JROTC

$

Improvements to recreational facilities in Dade County

$

Construct the Dawson County High School stadium facility

$

Contract for services with Albany ARC in Decatur County

$

Contract for services with The Legacy Program in DeKalb County

$

Furnish rooms at the Women's Resource Center in DeKalb County

$

Expand services provided by Mary Lin Mentoring Program in DeKalb County

$

Contract for services with Project Impact Atlanta/DeKalb, Inc.

$

Purchase an emergency lift for the City of Chamblee Public Works Department

$

Contract for services with Operation Peace in DeKalb County

$

Contract for services with the DeKalb Teen Pregnancy Program

$

Expand/renovate Leigh Cottage of the Children's Home in DeKalb County

$

Purchase a van in DeKalb County

$

Purchase/install computers and software for the Neighborhood Playhouse in DeKalb County

$

Expand public awareness campaign for the

Georgia Association for Prader-Willi

$

Syndrome, Inc. in DeKalb County

Contract for services with the Building Young Families in DeKalb County

$

Construct a senior service facility for Senior Connections, Inc. in DeKalb County

$

40,000 15,000 65,000
4,000
48,000 40,000 34,000 40,000 8,000 4,000 40,000 13,000 40,000 120,000 72,000 20,000 8,000
20,000
32,000 48,000

1222

JOURNAL OF THE HOUSE

DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County Board of Education Dodge County Albany/Dougherty County Payroll Development Authority Dougherty County
Douglas County
Douglas County Board of Education Douglas County Board of Education Effingham County
Effingham County
Elbert County

Contract for services with Georgia Gives Back, Inc. in DeKalb County

$

Contract for services with the AIDS Epidemic program in DeKalb County

$

Purchase and renovate Transitional Home for Women and Girls facility in DeKalb County

$

Purchase van and maintenance for Scottsdale

Child Development and Family Resource

$

Center in DeKalb County

Contract for services with the Positive Growth Youth Home for Boys in DeKalb County

$

Contract for services with the Scottdale

Community Planning Council for improved

$

housing and programs

Contract for services with the "Shop With A Cop" program in DeKalb County

$

Purchase/install computers and software for the

DeKalb Board of Education

$

Upgrade Dodge County fire stations

$

E-commerce study for Albany/Dougherty

County Payroll Development Authority

$

Contract for services for early intervention

programs for preschool at Albany ARC in

$

Dougherty County

Purchase playground equipment for park in City of Palmetto in Douglas County

$

Purchase equipment for Lithia Springs High

School College and Career Center in Douglas $

County

Purchase/install computers and software for the

Douglas County schools

$

Construct shelter in community park in Effingham County

$

Purchase/install communications system for Effingham County Fire Department

$

Construct a softball field at Elbert County High School

$

75,000 64,000 80,000 20,000 20,000 40,000 8,000 4,000
8,000 50,000
33,000 20,000 16,000
38,000 12,000 24,000 8,000

MONDAY, FEBRUARY 26, 2001

1223

Elbert County
Evans County
Evans County Board of Education Fayette County Board of Education Floyd County
Floyd County Floyd County
Floyd County
Franklin County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County

Renovate the Elbert Theater in the City of Elberton

$

Purchase equipment for Evans County Fire Department

$

Repair/replace roof for Clayton Head Start for

Evans County Board of Education

$

Joseph Sams School in Fayette County $

Construct ballfield for Horace Anthony Recreation Center in Floyd County

$

Restoration of Chieftain's Museum in Rome $

Contract for services with the 100 Black Men mentoring program in Floyd County

$

Contract for services with the Rome Area History Museum in Floyd County

$

Construct a little League Ballpark in Lavonia in Franklin County

$

Purchase equipment and furniture for Tuskegee Airmen, Inc. in Fulton County

$

Revitalize the Martin Luther King, Jr. Corridor in Fulton County

$

Contract for services with South Fulton Clean and Beautiful

$

Repair/replace plumbing in Foundation Facility and Program Operations in Fulton County

$

Contract for services with AUDIENCE, Inc. in Fulton County

$

Contract for services with the Old National Wrap-Around Collaborative in Fulton County

$

Contract for services with Nonprofits for Nonprofits, Inc. in Fulton County

$

Contract for services with The Metro Life Center, Inc. in Fulton County

$

Contract for services with KidsGym USA in Fulton County

$

Improve structure and purchase equipment for The Connector, Inc. in Fulton County

$

Contract for services with Alternative Choices Corporation in Fulton County

$

40,000 12,000
8,000
80,000
50,000 20,000 20,000 20,000 20,000 10,000 60,000 24,000 100,000 40,000 40,000 20,000 24,000 40,000 36,000 36,000

1224

JOURNAL OF THE HOUSE

Fulton County

Purchase/install lighting for Tri-Cities High

Board of

School ball field in Fulton County

$

Education

Gilmer County

Restore/repair court and real estate records of Gilmer County

$

Glascock County Renovate the People's House and purchase

equipment for Glascock County Fire

$

Department

Glynn County

Construct/renovate entrance and parking lot of Glynn County Animal Control Building

$

Glynn County

Implement plan for development of Altamaha Regional Park in Glynn County

$

Glynn County

Purchase/install lighting for North Glynn Recreation Park

$

Grady County

Purchase fire hose for Grady County

$

Gwinnett County Improvements to the Brookwood High School

Board of

Athletic Complex including refinishing the

$

Education

gym floor

Gwinnett County Improvements to the Shiloh High School

Board of

Athletic Complex in Gwinnett County

$

Education

Gwinnett County Renovate the Physical Education and Athletic

Board of

facilities in Gwinnett County

$

Education

Habersham County Purchase equipment for Habersham County Volunteer Fire Department

$

Habersham County Purchase building for the Habersham Soup Kitchen

$

Habersham County Develop feasibility study and plan to preserve

and protect the land and water known as

$

Habersham Mills in Habersham County

Hall County

Improvements to Johnson High School in Hall

Board of

County

$

Education

Hall County

Restoration of North Hall High School athletic

Board of

field in Hall County

$

Education

Hancock County Expand Summer Science and Summer Band

Board of

programs in Hancock County schools

$

Education

Heard County

Construct and pave the parking lot for the Heard County Mental Health Center

$

53,000 12,000 26,000 24,000 8,000 20,000 16,000 40,000
40,000
80,000 12,000 20,000 40,000
25,000
60,000
8,000 32,000

MONDAY, FEBRUARY 26, 2001

Jackson County

Construct an Agricultural Building at Jackson

Board of

County High School

$

Education

Jefferson County Contract for services with Jefferson County

Economical Development to attract, retain and $

expand businesses within the community

Jenkins County

Install ADF network for the Jenkins County Airport

$

Jenkins County

Expand Extension Education Center in Jenkins County

$

Jenkins County

Purchase equipment for Jenkins County

Hospital

Hospital Authority

$

Authority

Jones County

Develop feasibility study and plan for Jones County water system

$

Liberty County

Construct a multi-purpose education facility in Liberty County

$

Liberty County

Improvements to recreational facilities in Liberty County

$

Liberty County

Contract for services with the Eleven Black Men of Liberty County

$

Lincoln County

Resurface parking lot of the Lincolnton Clubhouse in Lincoln County

$

Lincoln County

Purchase/install lighting and fencing for Lincoln County Recreation Department

$

Lowndes County

Construct a Youth and Teen Center for the YMCA in Lowndes County

$

Lowndes County Repair/restore Lake Park Elementary School

Board of

gym in Lowndes County

$

Education

Lowndes County Resurface the track at Lowndes County High

Board of

School

$

Education

Lumpkin County

Purchase/install lighting for youth softball field in Lumpkin County

$

Lumpkin County

Purchase equipment for Lumpkin County Volunteer Fire Department

$

Lumpkin County

Contract for services for Community Care Shelter in Lumpkin County

$

Meriwether County Renovate the WPA Building in Meriwether County

$

1225
40,000
40,000 16,000 4,000 16,000 20,000 20,000 40,000 16,000 6,500 8,000 60,000 22,000
24,000 8,000 4,000 8,000 40,000

1226

JOURNAL OF THE HOUSE

Meriwether County Construct and purchase equipment for two

Board of

elementary schools in Meriwether County

$

Education

Miller County

Restore/refurbish agricultural "show barn" located in Miller County

$

Montgomery

Improvements to the Montgomery County

County Board of

Middle/High School sports facilities

$

Education

Morgan County

Contract for services for the Morgan County African American Cultural Center

$

Oconee County

Improvements to the Oconee County recreational facilities

$

Oconee County

Renovate/restore the William Daniel House in Oconee County

$

Paulding County Purchase band uniforms and equipment for the

Board of

Paulding County Board of Education

$

Education

Polk County

Purchase equipment for the Polk County Fire Department

$

Quitman County

Develop feasibility study and plan for marina in Quitman County

$

Rabun County

Purchase equipment for Rabun County Volunteer Fire Department

$

Rabun County

Develop feasibility study and plan for a rural

Hospital

hospital in Rabun County

$

Authority

Richmond County Construct ball field for Master City Little League in Richmond County

$

Richmond County Contract for services with the Delta House,

Lucy Craft Laney Museum in Richmond

$

County

Richmond County Contract for services with Southeastern

Firefighters' Burn Foundation in Richmond

$

County

Richmond County Purchase equipment for Boxing Club in Richmond County

$

Richmond County

Contract for services with the CSRA Economic Opportunity Authority in Richmond County

$

Richmond County Improvements/construction for the Eastview Recreation Center in Richmond County

$

51,000 52,000
8,000
8,000 8,000 16,000 57,000 25,000 40,000 12,000 32,000 24,000 20,000
44,000 24,000 40,000 75,000

MONDAY, FEBRUARY 26, 2001

1227

Richmond County
Richmond County
Richmond County
Richmond County Board of Education Richmond County Board of Education Richmond County
Schley County Board of Education Screven County
Screven County Library Trustees Seminole County Board of Education Spalding County
Stephens County
Stewart County Board of Education Taliaferro County Board of Education Tattnall County Tattnall County
Tattnall County Board of Education

Contract for services with the Safe

Communities Coalition of Augusta in

$

Richmond County

Contract for services with the Southside Tutorial Program in Richmond County

$

Contract for services with the Delta Leadership Training Program in Richmond County

$

Purchase equipment for Lucy Laney High

School in Richmond County

$

Purchase equipment for Davidson School of

Fine Arts in Richmond County

$

Contract for services with the Augusta Ballet in Richmond County

$

Construct Schley County High School

$

Purchase/install equipment and fixtures for

Screven County Technical and Adult Education $

Center

Repair/replace roof and building at ScrevenJenkins Regional Library

$

Construct weight facility for Seminole County

Board of Education

$

Expand Griffin Tech Literacy Program in Spalding County

$

Purchase monitoring and security equipment for new courthouse in Stephens county

$

Construct relay tower to provide internet access

to Stewart County Schools

$

Purchase land for Taliaferro schools $

Expand meeting room for Tattnall County

$

Contract for services with the Tattnall County Hospital Authority

$

Construct teaching and canning facility for

Tattnall County Schools

$

20,000 32,000 16,000
8,000
50,000 20,000 80,000
20,000 16,000 20,000 40,000 20,000 10,000
8,000 16,000 40,000 20,000

1228

JOURNAL OF THE HOUSE

Terrell County
Terrell County
Thomas County
Thomas County Board of Education Tift County Board of Commissioners Town of Mitchell
Town of Tyrone Towns County
Treutlen County Treutlen County Twiggs County
Union County
Union County
Walker County Ware County
Warm Springs Downtown Development Authority Warren County
Wayne County
Wheeler County
White County

Repair/replace roof at Historic Hill & Hill

Preservation Society in Dawson in Terrell

$

County

Construct/paint building at the Dawson-Terrell County Airport

$

Restore clock and clock tower for Thomas County Courthouse

$

Asphalt area at Thomas County High School

$

Purchase rail car for the Tifton Terminal Railway Museum

$

Renovate/upgrade downtown sidewalks in Town of Mitchell

$

Construct ball field for Town of Tyrone

$

Purchase equipment for Towns County Volunteer Fire Department

$

Easter Seals in Treutlen County

$

Repair Treutlen County DFCS offices

$

Purchase furnishings for the Twiggs County Courthouse

$

Purchase equipment for Union County Volunteer Fire Department

$

Develop feasibility study and plan for Farmer's Market in Union County

$

Renovate Walker County courthouse

$

Purchase Fire Safety House and towing vehicle

for Ware County/City of Waycross Fire

$

Department

Construct the Warm Springs Welcome Center

$

Purchase equipment and furnishings for Warren County Courthouse

$

Purchase materials and construct fire station for

Madray Springs Volunteer Fire Department in $

Wayne County

Purchase equipment and maintenance for Wheeler County recreation facilities

$

Contract for services with White County Homework Centers

$

20,000
64,000 28,000
12,000
64,000 8,000 20,000 4,000 15,000 12,000 80,000 4,000 12,000 60,000 32,000
35,000
80,000
16,000
8,000 8,000

MONDAY, FEBRUARY 26, 2001

1229

White County White County
White County White County
Whitfield County Whitfield County Whitfield County Board of Education Wilkinson County
City of Acworth City of Acworth City of Acworth City of Alamo City of Alma City of Aragon City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta

Repair drainage problems and apply sod to White County High School baseball field

$

Develop feasibility study and plan and

marketing materials for economic development $

in White County

Renovate White County Courthouse

$

Purchase equipment, computers, books and

supplies to establish a Boys and Girls Club in $

White County

Construct parks and recreation area on Cleveland Highway

$

Purchase the Hamilton House for Whitfield/Murray Historical Society

$

Purchase of band uniforms for Whitfield High

School Band

$

Develop feasibility study and plan for Balls

Ferry Park on the Oconee River in Wilkinson $

County

Pave parking lot for City of Acworth Parks and Recreation Department

$

Construct multi-purpose court for the City of Acworth Parks and Recreation

$

Purchase police vehicle for the City of Acworth Police Department

$

Purchase/install HVAC system at the Alamo Civic Center

$

Improvements to two inner city parks in the City of Alma

$

Develop/construct city park in Aragon

$

Contract for services with Apex Museum in the City of Atlanta

$

Contract for services with the United Community Association, Inc. in Atlanta

$

Improvements to Adams and John H. White Park ballfields in Atlanta

$

Repair homes of Senior Citizens in Washington

Park and Washington High Neighborhoods in $

Atlanta

Develop feasibility study and plan for Morningside neighborhood in Atlanta

$

12,000 20,000 40,000 20,000 40,000 104,000 16,000
27,000 12,000 8,000 16,000 8,000 8,000 16,000 100,000 40,000 38,000 40,000 32,000

1230

JOURNAL OF THE HOUSE

City of Atlanta

Develop feasibility study and plan for Ansley Park Neighborhood in Atlanta

$

City of Atlanta

Contract for services with the Albert J.

Edmonds Leadership Development Program in $

the City of Atlanta

City of Atlanta

Contract for services with Atlanta Public Schools for a parent task force

$

City of Bartow

Purchase equipment and improve City of Bartow park

$

City of Blakely

Extend the water lines in the City of Blakely $

City of Broxton

Construct memorial for the Broxton Police Department

$

City of Buena Vista Purchase breathing apparatus for the City of Buena Vista Fire Department

$

City of Cartersville Renovate/upgrade recreational facilities in Cartersville

$

City of Cedartown

Construct multi-purpose facility for the City of Cedartown

$

City of Chester

Replace windows at Chester City Hall

$

City of Clarkston

Purchase sanitation truck and A-300 E-Z Pack for City of Clarkston

$

City of Cleveland Purchase/install water line for new school in City of Cleveland

$

City of Cleveland Purchase equipment for Cleveland Volunteer Fire Department

$

City of Climax

Renovate gym for the City of Climax

$

City of Colquitt

Establish the Community Development

Corporation of Southwest Georgia in the City $

of Colquitt

City of Columbus Contract for services with the Veterans' Life Action Center, Inc. in the City of Columbus

$

City of Columbus

Contract for services with the Drug Fighters of Columbus

$

City of Columbus Contract for services with Southwest Against Drugs in Columbus

$

City of Columbus Contract for services with Rediscovery for retraining in Columbus

$

City of Columbus Contract for services with the Columbus Literate Community Program, Inc.

$

City of Columbus Contract for services with Peabody in Columbus

$

32,000
96,000
20,000 2,500 12,000 4,000 12,000 32,000 56,000 4,000 61,000 4,000 4,000 12,000 8,000
8,000 15,000 12,000 12,000 16,000 12,000

MONDAY, FEBRUARY 26, 2001

1231

City of Columbus

Contract for services with the Columbus Teen Parenting Center

$

City of Columbus Contract for services with the Columbus Housing Authority for Welfare to Work

$

City of Columbus

Contract for services with the Columbus Youth Network

$

City of Columbus

Contract for services with the Columbus Police Department for training

$

City of Commerce Improvements to the Commerce Civic Center $

City of Cordele

Construct new Cordele animal shelter

$

City of Cusseta

Construct facility and purchase truck and generator for the Cusseta City Pound

$

City of Cuthbert

Design/construct community band shell in the Iris Garden in the City of Cuthbert

$

City of Cuthbert

Landscape the Music Mile Fletcher Henderson Jazz Festival

$

City of Dallas

Remodel Dallas City Hall complex

$

City of Dalton

Contract for services with the Northwest Georgia Girl's Home in Dalton

$

City of Darien

Purchase sewer vacuum truck for the City of Darien

$

City of

Beautify downtown Donalsonville including

Donalsonville

construction of a pavilion and purchase of

$

entrance signs

City of Dublin

Construct domestic violence shelter for WINGS in Dublin

$

City of Eatonton

Purchase/install lighting on Highway 16 for the City of Eatonton

$

City of Eatonton

Develop feasibility study and plan for city of Eatonton/Putnam County Project

$

City of Euharlee Remodel Euharlee City Hall complex

$

City of Fargo

Restore ballfields for the City of Fargo Recreation Departments

$

City of Fayetteville Restore Holliday-Dorsey-Fife House in City of Fayetteville

$

City of Flowery Branch

Improvements to the City of Flowery Branch $

City of Fort Valley Renovate the Groutman House in City of Fort Valley

$

City of Gainesville Develop and construct storm water retention

projects for Gainesville Parks and Recreation $

Agency

28,000 8,000 15,000 12,000 40,000 40,000 18,000 20,000 5,000 56,000 40,000 20,000
16,000
28,000 3,500 8,000 52,000 17,000 20,000 40,000 60,000
40,000

1232

JOURNAL OF THE HOUSE

City of Glennville Purchase equipment for Glennville Fire Department

$

City of Glennville Purchase/install lighting for Glennville Recreation Department

$

City of Hephzibah

Contract for services with Unlocking the Mind in Hephzibah

$

City of Helena

Upgrade the Helena Fire Department

$

City of Hiram

Renovate/upgrade recreational facilities in City of Hiram

$

City of Hoboken

Purchase computer software for Brantley County police and recreation departments

$

City of Hogansville Repair/replace the electricity service lines in Hogansville

$

City of Ideal

Renovate the City of Ideal police department $

City of Jacksonville Upgrade the Jacksonville Police Department $

City of Jesup

Purchase vehicle and establish fire prevention program for City of Jesup Fire Department

$

City of Jonesboro Develop family park in the City of Jonesboro $

City of Lake City Purchase equipment for Lake City Police Department

$

City of Lafayette

Develop feasibility study and plan for water distribution evaluation in Lafayette

$

City of Leary

Repair water system in the City of Leary

$

City of Ludowici Repair the Old Depot in Ludowici

$

City of Ludowici

Purchase/install water meters for the City of Ludowici

$

City of Macon

Repair Booker T. Washington Center in Macon $

City of Macon

Contract for services with the Adult Literacy Program in Macon

$

City of Macon

Promote movie making and recording industry in Macon

$

City of Metter

Purchase equipment for City of Metter Police Department

$

City of Milan

Purchase trash truck for City of Milan

$

City of Milledgeville

Contract for services with the Oconee Family Crisis Center, Inc. in Milledgeville

$

City of Millen

Improvements to City of Millen Cemetery

$

City of Monticello Develop Jasper County Farmer's Market Park in Monticello

$

City of Monticello Construct multi-purpose playing field for Funderburg Park in Monticello

$

City of Morrow

Contract for services with Prevention Plus Teen Center in Morrow

$

12,000
12,000
25,000 8,000
16,000
4,000
40,000 12,000 4,000 4,000 20,000 10,000
34,000 3,500
16,000 8,000 80,000 40,000
40,000
8,000 8,000 12,000 8,000 32,000
32,000
13,000

MONDAY, FEBRUARY 26, 2001

City of Morven

Renovate the former Morven High School building for office use

$

City of Ocilla

Upgrade City of Ocilla recreational facilities $

City of Odum

Purchase land for parking lot for Odum Community Center

$

City of Oglethorpe Restore Flint River Ferry in the City of Oglethorpe

$

City of Patterson

Renovate and upgrade playground at Patterson Recreation Department

$

City of Pavo

Repair/replace lunchroom roof for the Pavo Recreation Center

$

City of Pembroke Construction/improvements to the City of Pembroke recreational facilities

$

City of Pine Lake

Maintenance of existing generator and purchase of a generator

$

City of Pineview Expand Pineview city hall

$

City of Pooler

Purchase "Jaws of Life" for Pooler Fire Department

$

City of Powder Springs

Contract for services with the George Ford Center in Powder Springs

$

City of Reidsville Pave parking lot for Reidsville Recreation Department

$

City of Reidsville Pave parking lot for Reidsville Airport Authority

$

City of Remerton

Purchase/install culverts and gutters in the City of Remerton

$

City of Rhine

Pave parking lot for Rhine Community Center $

City of Richland

Renovate the old Railroad Depot in City of Richland

$

City of Rockmart

Construct multi-purpose facility for the City of Rockmart

$

City of Rossville

Construct handicapped accessible restrooms for the City of Rossville's recreation area

$

City of Sandersville

Revitalize downtown Sandersville city park and monument

$

City of Savannah

Purchase/install air conditioner at Frank Callen Boys and Girls Club gym in Savannah

$

City of Screven

Purchase police car for Screven Police Department

$

City of Smyrna

Construction and land improvements for Cobb Veterans' Memorial in Smyrna

$

City of Soperton Complete ballfields for the City Soperton

$

1233
16,000 4,000
12,000 16,000 8,000 12,000 12,000 20,000 40,000 25,000 150,000 12,000 20,000 40,000
4,000 24,000 68,000 24,000 11,000 56,000 8,000 50,000
8,000

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JOURNAL OF THE HOUSE

City of Sparks

Contract for services with Project Turn Around in City of Sparks

$

City of Sparta

Revitalize downtown Sparta business districts and sidewalks

$

City of Stapleton

Repair erosion problems for the City of Stapleton

$

City of Stone Mountain

Install HVAC system in gymnasium for City of Stone Mountain

$

City of Summerville

Develop feasibility study to determine long range water needs in the City of Summerville

$

City of Swainsboro Upgrade facilities at the Swainsboro recreation complex

$

City of Thomasville

Contract for services with the Genesis Food Park in the City of Thomasville

$

City of

Refurbish track and re-roof equipment storage

Thomasville Board of

building at Thomasville High School

$

Education

City of Thomson

Purchase multi-purpose vehicle for Thomson Fire Department

$

City of Thunderbolt Purchase/install lawn sprinkler system for the

Thunderbolt Community Improvement

$

Association

City of Thunderbolt Restore water well and upgrade water lines in the City of Thunderbolt

$

City of Thunderbolt Refurbish museum in Thunderbolt

$

City of Twin City Renovate recreation complex in Twin City

$

City of Tybee

Contract for services with Tybee Island Marine

Island

Science Center for educational tours for

$

children

City of Vienna

Contract for services for a day program for

older adults with disabilities at the Albany

$

ARC through the City of Vienna

City of Warrenton

Renovate the City of Warrenton sports complex and tennis courts

$

City of Warrenton

Purchase two emergency generators for City of Warrenton

$

City of Willahoochee

Purchase playground equipment for Willahoochee City Parks

$

City of Williamson Upgrade the City of Williamson water system $

City of Woodbury Improvements to the Woodbury sewer system $

24,000 8,000 40,000 20,000 28,000 12,000 62,000
12,000
24,000
1,500
52,000 16,000 12,000 20,000
33,000
12,000 32,000 4,000 12,000 40,000

MONDAY, FEBRUARY 26, 2001

1235

City of Wrightsville City of Yatesville Library Trustees City of Warner Robins Clayton County
City of Morrow
City of Lake City
Bleckley County
City of Hawkinsville City of Savannah Buchanan County
Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County City of Fargo
Effingham County
DeKalb County
Southwest Georgia Railroad Authority
City of St. George

Renovate/repair downtown sidewalks in Wrightsville

$

Construct Yatesville Community Library

$

Contract for services from the Aviation Museum in Warner Robins

$

Purchase/install playground system in Clayton County

$

Purchase supplies and equipment for the

Prevention Plus Teen Center in the City of

$

Morrow

Purchase voice analyzer and hire an operator to

assist in criminal investigations in the City of $

Lake City

Bleckley County Cochran Recreation Commission

$

Contract for services with the Arts Council in Hawkinsville

$

Economic development study for Savannah

$

Renovation/repair of Buchanan Historic County Courthouse

$

Contract for services with Springer Opera

House in Columbus

$

Contract for services with Woodruff Civil War

Museum in Columbus/Muscogee County

$

Contract for services with Liberty Theater in

Columbus/Muscogee County

$

Purchase/install playground equipment for the City of Fargo

$

Contract for services with the STARR Program in Effingham County

$

Contract for services with the Student Learning

and Achieving in Math program in DeKalb

$

County

Contract for services with the Southwest

Georgia Railroad Excursion Authority

$

Purchase fire knocker truck for St. George Volunteer Fire Department

$

8,000 40,000 80,000 30,000 13,000
10,000 25,000 15,000 65,000 450,000 125,000
100,000
125,000 20,000 10,000 40,000
150,000 60,000

1236

JOURNAL OF THE HOUSE

City of Leslie

Purchase fire knocker truck for Leslie Volunteer Fire Department

$

City of Homerville Purchase fire truck for Homerville Volunteer Fire Department

$

City of Chaserville Purchase fire knocker truck for ChaservilleMassee Volunteer Fire Department

$

City of Thomson

Purchase multi-purpose vehicle for Thomson Volunteer Fire Department

$

Glascock County

Renovate fire knocker truck for Glascock Volunteer Fire Department

$

Camden County

Convert 2 military surplus trucks to fire trucks for Camden County Volunteer Fire Department

$

Waycross Count

Completion of Fire Safety House for WaycrossWare County Fire Department

$

Hancock County Purchase ambulance for Hancock County

$

Hancock County Purchase fire truck for Hancock County

$

Burke County

Construct/operate a public fishing area in Burke County

$

City of Chatsworth Expand/repair the City of Chatsworth water/sewer system

$

City of Concord

Conduct a water supply study in the City of Concord

$

Fulton County

Contract for services with High Plains Center in Fulton County

$

DeKalb County

Contract for services with Project Impact, Atlanta/DeKalb County

$

City of Columbus

Feasibility study and planning for a trade center in Columbus

$

City of Lithia Springs

Construct Student Learning Center in Lithia Springs

$

Fayette County

Capital outlay for park or other recreational purposes in Fayette County

$

Miller County

Construct an agricultural facility in Miller County

$

Laurens County

Purchase right-of -way and construct roads for Laurens County

$

Cobb County

Repair/renovate roof for Cobb Senior Center $

Greene County

Construction and paving of all weather track

Board of

facility at the high school

$

Education

Ocmulgee Regional Purchase bookmobile for Ocmulgee Regional Library Trustees Library

$

70,000 60,000 60,000
25,000 15,000 30,000 30,000 75,000 50,000 250,000 280,000 25,000 100,000 150,000 265,000 450,000 350,000 65,000 800,000 25,000 25,000
100,000

MONDAY, FEBRUARY 26, 2001

1237

Mitchell County Board of Education
City of Columbus
Richmond County Development Authority
City of Augusta/ Richmond County
City of Albany
City of Albany
Haralson County Bibb County
Cobb County
City of Cairo
City of Cartersville
Hart County
City of St. Mary's
Taliaferro County BOE
DeKalb County
Stewart County City of Moultrie

Operation and storm repairs for Mitchell

County Schools

$

Improvements to the Convention Center and Liberty Theater in Columbus

$

Administration costs, land acquisition,

improvements and other capital outlay and

development costs to promote tourism,

community and economic development, housing $

and housing rehabilitation, medical research and

healthcare facilities in the City of

Augusta/Richmond County

Contract for services with the Augusta Mini

Theater

$

To provide funds for a stadium allowing a joint

use with Albany State University in the City of $

Albany

Construction of the Flint River Center in the City of Albany

$

Expand internet access in Haralson County

$

Contract for services with the Harriet Tubman Museum in Bibb County

$

Renovations/improvements to the Mable House in Cobb County

$

Renovate the City of Cairo Syrup City Arts Center

$

Construct a civic and economic center in the City of Cartersville

$

Contract for services with water and sewage facilities in Hart County

$

Improvements to park and construct pool and water center in the City of St. Mary's

$

Construction/renovations to a gym, library and

other infrastructure for Taliaferro County High $

School

Contract for services with the South DeKalb Senior Citizen's Center in DeKalb County

$

Renovations to the Stewart County Courthouse $

Construct a swimming and training facility at the Moultrie Diving Facility aquatic center

$

250,000 11,000,000
9,900,000
100,000
5,000,000 5,000,000 2,200,000 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000
985,000 830,000 150,000 250,000 100,000

1238

JOURNAL OF THE HOUSE

City of Tallapoosa Construction/improvements to museum facility in the City of Tallapoosa

$

City of Pooler

Purchase equipment for the City of Pooler Fire Department

$

Garden City

Purchase equipment for the Garden City Fire Department

$

City of Cochran

Thompson Street Community Center in the City of Cochran

$

Appling County

Renovation of the Defense building in Appling County

$

Cobb County BOE Landscaping for Argyle School in the Cobb County School System

$

Dodge County

Conference Center in Dodge County

$

City of Dallas

Restoration of the Dallas Theater in the City of Dallas

$

Murray County BOE Provide post-secondary courses after hours at Murray County High School

$

Stephens County BOE

Purchase computers for Stephens County High School

$

City of

Contract for services with the City of Augusta's

Augusta/Richmond FORE! Program

$

County

Pierce County

Contract for services with the Lee Street Resource Center in Pierce County

$

Cobb County BOE Purchase band uniforms and equipment for Walton High School in Cobb County

$

Fulton County BOE Purchase/install/renovate bleachers for Riverwood High School in Fulton County

$

City of Gainesville Purchase land, renovate property and existing

building for the North Georgia Community

$

Foundation in the City of Gainesville

City of Gainesville Purchase property, construct building and

purchase furnishings for the Georgia Mountains $

History Museum in the City of Gainesville

City of Newnan

Contract for services with Achievers International for Student Exchange Program

$

Stephens County BOE

Renovation of Stephens County High School stadium for handicap accessibility

$

City of Toccoa

Contract for services with Toccoa Rehabilitation Industries

$

City of Bloomingdale

Purchase equipment for the Bloomingdale Fire Department

$

50,000 150,000 150,000 189,000 150,000 25,000 500,000 250,000 125,460 63,000
250,000
125,000 75,000 73,000
250,000
250,000
20,000 50,000 60,000 25,000

MONDAY, FEBRUARY 26, 2001

Southeast Georgia RDC Jones County Bacon County Brooks County Douglas County Columbia County Carroll County Coweta County Bryan County Floyd County Paulding County Forsyth County Clay County Butts County Peach County Murray County Clark County Jackson County Cook County Ware County Thomas County

Purchase furniture for a new building for the Southeast Georgia RDC

$

Reimburse Jones County for capital felony expenses

$

Reimburse Bacon County for capital felony expenses

$

Reimburse Brooks County for capital felony expenses

$

Provide for local recreation programs in Douglas County

$

Provide for local recreation programs in Columbia County

$

Provide for local recreation programs in Carroll County

$

Provide for local recreation programs in Coweta County

$

Provide for local recreation programs in Bryan County

$

Provide for local recreation programs in Floyd County

$

Provide for local recreation programs in Paulding County

$

Provide for local recreation programs in Forsyth County

$

Provide for local recreation programs in Clay County

$

Provide for local recreation programs in Butts County

$

Provide for local recreation programs in Peach County

$

Provide for local recreation programs in Murray County

$

Provide for local recreation programs in Clark County

$

Provide for local recreation programs in Jackson County

$

Provide for local recreation programs in Cook County

$

Provide for local recreation programs in Ware County

$

Provide for local recreation programs in Thomas County

$

1239
50,000 100,000 200,000 150,000
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000

1240

JOURNAL OF THE HOUSE

Pike County Board Capitol Felony expenses of Commissioners Union County Board Contract services with Suches Library of Education City of Dawsonville Thunder Road/NASCAR Hall of Fame,
Dawsonville

$

50,000

$ 250,000 $ 250,000

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 Department of Education.

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 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to

MONDAY, FEBRUARY 26, 2001

1241

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 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

It is the intent of this General Assembly that the employer contribution rate for term life insurance for state employees who are members of the new retirement benefit plan shall not exceed .25%.

Funds are provided in this appropriation act for H.B. 654, H.B. 988, H.B. 1046, H.B. 543, H.B. 764, H.B. 767, H.B. 919, H.B. 859, H.B. 1031, and S.B. 45.

Section 45.

Provisions Relative to Section 15, Department of Human Resources.

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

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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 $79,939,939, 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.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46.

Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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 Resources.

MONDAY, FEBRUARY 26, 2001

1243

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. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 25, Department of Public Safety.

The Governor's Office of Highway Safety is hereby directed to utilize any and all available funds for the purpose of installing call boxes on rural interstate highways.

Section 49.

Provisions Relative to Section 26, Public School Employees' Retirement System.

It is the intent of this General Assembly that the employer contribution rate for members of the Public School Employees' Retirement System shall increase from $10.50 to $12.00.

Section 50.

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 51.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the

1244

JOURNAL OF THE HOUSE

Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2001. Funds are provided in this appropriation act for H.B. 999 and H.B. 908.

Section 52. Provisions Relative to Section 35, Department of Transportation.
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 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)(1), O.C.G.A., the Department is authorized to transfer position

MONDAY, FEBRUARY 26, 2001

1245

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 53.
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 54.
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.

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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 55.
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 56.
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 57.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 58.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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

MONDAY, FEBRUARY 26, 2001

1247

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 59.
(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.

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Section 60.

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 61.

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 62.

Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.

Provided, of the above appropriation relative to State of Georgia General Obligation Debt Sinking Fund, State funds appropriated for plans and design of a Coverdell Building at the University of Georgia shall be contingent upon matching federal and private funds.

Principal

Debt

Amount

Service

A.) Maturities not to exceed two hundred forty months.

Department of Education regular entitlements, regular advanced funding and low-wealth funding

$ 92,950,000 $ 8,272,550

Renovate boy's dorm at Georgia School for the Deaf

1,300,000 115,700

Renovate facilities at Georgia School for the Blind

685,000

60,965

Board of Regents, University System of Georgia projects:

91,325,000 8,127,925

Nursing/Health Sciences and Outreach complex at Macon

College - $15,500,000

Agricultural Sciences Building at Abraham Baldwin

Agricultural College - $7,005,000

Physical Education Building at Darton College -

$12,340,000

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1249

Health, Physical Education Building and Recreation, Athletic and Student Center at Georgia Southwestern State University - $18,590,000
Classroom and Convocation Center at Kennesaw State University - $19,000,000 Classroom Replacement - Phase II at Augusta State University - $18,890,000 Renovations and upgrades for Atlanta Metropolitan College campus road improvement Phase II of a Fine Arts Building at Georgia Southern University Library brick remediation at Georgia State University Board of Regents, University System of Georgia projects: O'Neal Veterinary addition at Fort Valley State University - $3,000,000 University of Georgia's Rural Development Center at Tifton - $4,900,000 Health, Physical Education Building and Recreation Building and Pool at South Georgia College $4,000,000 Classroom at South Georgia College - $800,000 Georgia Tech Regional Engineering Program at Savannah - $5,000,000 North Georgia College and State University Military Leadership Center - $5,000,000 Middle Georgia College Wellness Center and classrooms - $5,000,000 Renovations to Nevins Hall at Valdosta State University $400,000 Renovations at the Old Governors Mansion at Georgia College and State University - $1,500,000 Information Technology Building at Georgia Southern University Department of Technical and Adult Education projects: Griffin Technology Building - $11,160,000 Southeastern Allied Health - $7,870,000 Coosa Valley Health Occupation Building - $8,060,000 Swainsboro Technology Building - $3,920,000 Ogeechee Agribusiness/General Classroom Building $7,380,000 Moultrie Allied Health/Classroom Building - $9,695,000

1,000,000

89,000

4,500,000
3,700,000 29,600,000

400,500
329,300 2,634,400

33,000,000 2,937,000 54,545,000 4,854,505

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Sandersville-Jefferson County Technology Education Center - $1,700,000 East Central Child Development Center - $1,270,000 Flint River-Crawford County Workforce Development Center - $2,690,000 Land purchase for Coosa Valley Tech - $800,000 Renovation and improvement of the Columbus North Building (DTAE) Renovation and improvement of the Savannah Bookstore, Administration and Business Office (DTAE) Renovation and improvement of the Southeastern Glennville and Child Development Center Purchase 5.6 acres of building and property at Central Georgia Low interest water, sewer and wastewater loans to local governments Match federal funds for clean water and drinking water capitalization grants Match federal funds for remediation of underground storage tanks on state owned land Department of Natural Resources' projects: Develop a new park at Suwannee River - $5,600,000 Construct the Little White House Museum - $2,500,000 State match for trail projects at state parks - $250,000 Initial development of Resacca Battlefield historic site $750,000 Georgia's barrier island land preservation - $3,500,000 Renovate buildings for law enforcement boats and supplies - $300,000 Expand Gordonia-Altamaha golf course to 18 holes $500,000 Match private funds to acquire Chickasawhatchee tract $20,000,000 Match private funds for Hardman Farm restoration $2,000,000 Land acquisition of Arabia Mountain Greenway $3,500,000 Okefenokee Education and Visitors Center - $2,000,000 Lodge expansion at George T. Bagby State Park $3,370,000 Lodge expansion at Little Ocmulgee State Park $2,750,000

1,550,000 137,950

3,340,000 1,710,000

297,260 152,190

1,785,000 158,865

17,000,000 1,513,000

8,000,000 712,000

3,000,000 267,000 54,840,000 4,880,760

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1251

Hotel facility at Georgia Veterans State Park - $7,020,000 Administration building at Kolomoki Mounds State Park $300,000 Silver Comet Trail - $500,000 Paving and lighting decks at the Georgia World congress Center Northside Drive site Phase I of the golf course renovation plan (Jekyll Island) Freight rail line acquisitions and rehabilitation Maintain the Savannah harbor navigation channel Inter city bus passenger terminal Road widening and an interchange for Atlanta Speedway Construct a new technology building for Rehabilitative Services Orthotics Miscellaneous repairs and maintenance for Rehabilitative Services facilities Repair and modernize units at Augusta YDC Renovate buildings at Augusta YDC Expand classroom areas and construct a vocational training building at Sumter YDC Replace infrastructure of cottages at Bill Ireland YDC Replace roofs at Macon YDC Add space for food preparation and a freezer/cooler at Macon YDC Repairs that exceed local funding capability required at various RYDC's and YDC's Construct the proposed Muscogee County YDC Judicial complex in Muscogee County Construct RYDC in Crisp County Construct RYDC in Rome Construct RYDC in Macon Construct RYDC in Augusta Department of Human Resources' projects: Atlanta Regional Augusta Regional Central State Savannah Regional Southwestern State West Central Northwest Regional Various projects at the Georgia War Veterans Nursing Home in Milledgeville Construct 6 crime scene specialist garage laboratories at existing GBI regional offices

1,700,000
2,500,000 5,150,000 2,225,000 1,000,000 12,000,000
2,970,000

151,300
222,500 458,350 198,025
89,000 1,068,000
264,330

430,000
1,250,000 1,000,000
1,300,000
3,000,000 320,000
370,000

38,270
111,250 89,000
115,700
267,000 28,480
32,930

2,235,000
2,550,000 1,000,000
420,000 620,000 935,000 385,000

198,915
226,950 89,000 37,380 55,180 83,215 34,265

520,000 230,000 5,265,000 545,000 475,000 840,000 3,055,000
1,490,000

46,280 20,470 468,585 48,505 42,275 74,760 271,895
132,610

430,000

38,270

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Construct a North Georgia Regional Crime Laboratory and a Region 8 Investigative Office in White County
Construct a free standing morgue, medical examiner and toxicology annex adjacent to the existing South Regional Laboratory
Match $13.3 million in federal matching funds for: Construction of 200 beds for the Jackson Probation Detention Center - Turner County Construction of 500 beds for the Fulton County Detention Center
Department of Corrections' projects: Renovate and convert Wrightsville YDC to a state prison Central repair projects at various facilities Upgrade the wastewater system at various Department of Corrections' facilities Install 7 pump stations and 1 treatment plant at Department of Corrections' facilities Department of Corrections' roofing projects: Replace metal roofs at various facilities - $400,000 Reengineer the roof at Lee State Prison - $185,000 Repair roof at various facilities - $225,000 Replace membrane roofs - $250,000 Various security projects at Department of Corrections' facilities Renovate the basement of Building #5 and Building #1 for the Georgia Emergency Management Agency Renovate the electrical infrastructure at Lee Arrendale Replace the heating systems at Rivers State Prison Department of Corrections' projects: Pave and resurface roads and parking lots - $300,000 Repair lavatory fixtures - $250,000 Replace freezers and cooler units - $160,000 Replace 5 kitchen floors - $335,000 Repairs and renovations to Department of Defense armories and other facilities Design new State Patrol headquarters building at Georgia Public Safety Training Center Repairs and renovations at Farmers' Markets statewide Georgia Building Authority projects: Correct drainage problem at the Lower Wall Street
parking lot - $1,000,000 Roof replacement at the Twin Towers - $1,100,000 Complete renovation of the Annex Building - $2,000,000

4,880,000 2,345,000
410,000 1,310,000
500,000 700,000 1,165,000 125,000 1,060,000
2,955,000 625,000 175,000 300,000
1,045,000
2,000,000 1,000,000 2,000,000 4,100,000

434,320 208,705
36,490 116,590
44,500 62,300 103,685 11,125 94,340
262,995 55,625 15,575 26,700 93,005
178,000 89,000 178,000 364,900

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1253

Finish renovation of the #2 Peachtree Building Various ADA renovation projects throughout the state Rail line projects Purchase and rehabilitation of a rail spur in Crisp County
- $500,000 Turnaround facility for the Southwest Georgia Railroad
Excursion Authority at Georgia Veterans State Park $200,000 Purchase of railroad line properties associated with the Georgia Southwestern Railroad - $7,500,000 Rehabilitation of the railroad line from Rochelle to Preston - $6,000,000 Development and implementation of a voice and data radio system for troups "C" and "H" Total Twenty Year Projects (New)

12,000,000 3,000,000 14,200,000

1,068,000 267,000
1,263,800

20,150,000 1,793,350 $ 536,085,000 $ 47,711,565

B.) Maturities not to exceed sixty months. New vocational equipment for new programs and programs housed in new school facilities Board of Regents, University System of Georgia projects: Learning Center at Clayton College and State University -
$2,695,000 Technology and Commerce Center at Columbus State
University - $1,100,000 Science and Nursing Building at Georgia Southern
University - $2,030,000 Camden Center Facility at Coastal Georgia Community
College - $950,000 Russell Library and Information Center at Georgia College and State University - $1,370,000 Housing Residence Hall at Savannah State University $1,000,000 Georgia Radiation Center - $2,200,000 Design an Advance Computing Technology Building at Georgia Tech Design the Coverdell Building at the University of Georgia Renovations and upgrades at Armstrong State University Renovations and upgrades at Georgia College and State University Purchase equipment for Traditional Industries Department of Technical and Adult Education predesign projects: Chattahoochee Campus Master Plan - $75,000

10,790,000 2,524,860 11,345,000 2,654,730

660,000 50,000
3,000,000 4,200,000 1,800,000
570,000

154,440 11,700
702,000 982,800 421,200 133,380

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Chattahoochee Classroom Building - $90,000

DeKalb Classroom Building - $100,000

Southwest Georgia Classroom/Student Services Building

- $90,000

Valdosta Classroom/Laboratory Building - $80,000

North Georgia-Toccoa/Stevens County Technical

Training Center - $50,000

North Georgia Visual Communications Technology

Center - $85,000

Predesign and design of the Coosa Valley Economic

Development Building at the Polk County Campus

Department of Technical and Adult Education equipment

purchases:

Altamaha Polytechnical Building - $1,475,000

Griffin-Jasper County Technical Education Center -

$455,000

Augusta Aviation/Maintenance Program - $1,000,000

Central Georgia-Eatonton Center - $480,000

Coosa Valley Buildings A, B and C - $860,000

Southeastern Economic Development Center - $500,000

West Central-Haralson County Campus - $8,660,000

Central Georgia Adult Education Center - $1,150,000

Replace obsolete equipment at various sites - $12,500,000

Design and engineering of the new Container Berth 8 at

Georgia Ports Authority

Purchase furniture and equipment for Phase IV expansion

of the Georgia World Congress Center

Minor construction projects at various RYDC's and YDC's

Emergency power back-up systems at DJJ facilities

Predesign for 2 YDC's

Design a Public Health Laboratory in Tifton

Phase II of the Bainbridge Substance Abuse Treatment

Center

Construct a new facility for Coastal State Prison

Predesign the facility on 330 Ponce de Leon (GBA)

Predesign work for the Trinity/Washington Building

Total Five Year Projects (New)

$

210,000

49,140

27,080,000 6,336,720

6,000,000 1,404,000

15,000,000 3,510,000

1,860,000 760,000 150,000 70,000

435,240 177,840 35,100 16,380

75,000

17,550

75,000

17,550

250,000

58,500

250,000

58,500

84,195,000 $ 19,701,630

Section 63. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2001

$ 15,273,099,418

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1255

Section 64. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval. Section 65.
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 174.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 389. By Representative Murphy of the 18th: A RESOLUTION recognizing and commending the Bremen High School Competitive Cheerleaders and inviting them to appear before the House of Representatives; and for other purposes.
HR 394. By Representatives Stokes of the 92nd and Everett of the 163rd: A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.

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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 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Ways & Means:
HR 344. By Representatives Golick of the 30th, Wix of the 33rd, Parsons of the 40th, Johnson of the 35th, Cooper of the 31st and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the exemption by counties or municipalities of tangible personal property consisting of business inventory; and for other purposes.
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 385. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to promote safe operation of motor vehicles on public roads in this state; 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 instruction permits, graduated licensing and related restrictions, and

MONDAY, FEBRUARY 26, 2001

1257

temporary licenses; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation; and for other purposes.

The following Committee substitute was read:

A BILL
To promote safe operation of motor vehicles on public roads in this state; 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 implied consent to chemical tests; to change certain provisions relating to suspension or revocation of license of habitually negligent or dangerous driver and the point system; to change certain provisions relating to chemical tests to determine whether a driver is under the influence of alcohol or drugs, implied consent notices, rights of motorists, and administrative procedures; to change certain provisions relating to possession of an open container of alcoholic beverage while operating vehicle; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to chemical tests for alcohol or drugs; to define the offense of aggressive driving and provide punishment for such offense; to change certain provisions relating to surrender of license plates of habitual violators; to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new licenses following revocations; to change certain provisions relating to periods of suspension and conditions to return of drivers license; to change certain provisions relating to terms and conditions for suspension of drivers license under subsection (c) of Code Section 40-567.1; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices, completion of alcohol and drug reduction program, notice to the Department of Public Safety, and fees for drivers licenses; to change certain provisions relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary licenses and reporting requirements; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.

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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-55, relating to implied consent to chemical tests, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
SECTION 1-2. Said title is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and the point system, by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following:
"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
Reckless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
Unlawful passing of a school bus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
Improper passing on a hill or a curve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points

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Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
Exceeding the speed limit by 34 miles per hour or more . . . . . . . . . . . . . . 6 points
Disobedience of any traffic-control device or traffic officer . . . . . . . . . . . 3 points
Too fast for conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 points
Possessing an open container of an alcoholic beverage while driving . . . . 2 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident . . . . . . 2 points
Violation of child safety restraint requirements, first offense . . . . . . . . . . 1 point
Violation of child safety restraint requirements, second or subsequent offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
All other moving traffic violations which are not speed limit violations . . 3 points"
SECTION 1-3. Said title is further amended in Code Section 40-5-67.1, relating to chemical tests to determine whether a driver is under the influence of alcohol or drugs, implied consent notices, rights of motorists, and administrative procedures, by striking paragraph (2) of subsection (b), subsection (c), and subparagraph (g)(2)(E) and inserting in lieu thereof the following: "(2) Implied consent notice for suspects age 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia drivers license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 0.08 grams or more, your Georgia drivers license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing.

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Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'" "(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway 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 involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, the department shall suspend the persons drivers license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
"(E) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and"
SECTION 1-4. Said title is further amended by striking Code Section 40-6-253, relating to possession of open container of alcoholic beverage while operating vehicle, and inserting in lieu thereof the following: "40-6-253. (a) As used in this Code section, 'open the term: (1) 'Alcoholic beverage' means: (A) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; or

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(C) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. (2) 'Open alcoholic beverage container' means any container which is immediately capable of being consumed from or the seal of which has been broken bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and
(B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. (3) 'Passenger area' means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers. (b)(1) No person shall possess an open container of any alcoholic beverage while operating a vehicle in this state. A person shall not: (A) Consume any alcoholic beverage; or (B) Possess any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. (2) The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer. (3) For the purposes of this Code section, an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area. (c) Any person who violates this Code section is subject to a fine not to exceed $200.00. (d) A county or municipal corporation ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
SECTION 1-5. Said title is further amended in Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, by striking paragraph

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(5) of subsection (a), paragraphs (2) and (3) of subsection (c), and paragraph (4) of subsection (k) and inserting in lieu thereof the following: "(5) The persons alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or" "(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this subparagraph The judge shall probate at least a portion of such term of imprisonment, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than five days of actual incarceration unless the judge imposes a period of community service of 30 days or more pursuant to subparagraph (C) of this paragraph; (C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the persons alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

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(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph The judge shall probate at least a portion of such term of imprisonment, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than ten days of actual incarceration unless the judge imposes a period of community service of 60 days or more pursuant to subparagraph (C) of this paragraph; (C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the persons alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated." "(4) The drivers license of any person convicted of violating this subsection shall be revoked as provided by Code Section 40-5-57.1."
SECTION 1-6. Said title is further amended in Code Section 40-6-392, relating to chemical tests for alcohol or drugs, by striking subsection (b) and inserting in lieu thereof the following: "(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the persons blood at the time alleged, as shown by chemical analysis of the persons blood, urine, breath, or other bodily substance, shall may give rise to the following presumptions inferences: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (4) of subsection (a) of Code Section 40-6-391; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption inference that the

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person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (4) of subsection (a) of Code Section 40-6-391; and (3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (4) of subsection (a) of Code Section 40-6-391; and (4)(3) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391."
SECTION 1-7. Said title is further amended by adding a new Code Section 40-6-397 to read as follows:
"40-6-397. (a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-52, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent. (b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 1-8. Article 7 of Chapter 8 of Title 42, relating to ignition interlock devices as condition of probation, is amended by striking Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug reduction program, notice to the Department of Public Safety, and fees for drivers licenses, and inserting in lieu thereof the following: "42-8-111. (a) In addition to any other provision of probation, upon a second or subsequent conviction of a resident of this state for violating 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, for which such person is granted probation, the court shall order as a condition conditions of probation that: (1) Such such person shall have installed and shall maintain in a each motor vehicle registered in such persons name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, unless the court exempts the person from the requirements

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of this paragraph based upon the courts determination that such requirements would subject the person to undue financial hardship; and that such (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped; provided, however, that if a person subject to the provisions of this subsection is authorized under Code Section 40-5-63 to apply for reinstatement of his or her drivers license during the period of license suspension provided by said Code section, the court may in lieu of ordering such installation and use of an ignition interlock device order that such person shall not be eligible for any limited driving permit prior to license reinstatement. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under Code Section 40-6-391 shall be deemed a conviction of violating said Code section. (b) Any resident of this state who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device to the extent required by subsection (a) of this Code section. (c)(1) If use of an ignition interlock device is ordered In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Public Safety or its successor agency notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said subsection. The records of the Department of Public Safety or its successor agency shall contain a record reflecting mandatory use of such device and the persons drivers license or limited driving permit shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device. (2) In the case of any person subject to the provisions of subsection (a) of this Code section, unless and until the Department of Public Safety has received notice from the court that issuance of a limited driving permit prior to license reinstatement has been prohibited, the records of said department shall reflect that installation and use of an ignition interlock device has been required. (3) If an order prohibiting issuance of a limited driving permit prior to license reinstatement is issued pursuant to subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of such prohibition. The records of the Department of Public Safety shall contain a record reflecting such prohibition.

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(d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of drivers license suspension or revocation otherwise imposed by law. (e) The fee for issuance of any drivers license indicating that use of an ignition interlock device is required shall be as prescribed for a regular drivers license in Code Section 40-5-25, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed for a limited driving permit in Code Section 40-5-64; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section 40-5-58."
SECTION 1-9. Said article is further amended by striking Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary licenses and reporting requirements, and inserting in lieu thereof the following:
"42-8-112. (a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her drivers license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular drivers license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the courts record, the court shall revoke or terminate the probation.
(b)(1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Public Safety or its successor agency not later than the date on which such suspension or revocation concludes. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, the department shall not reinstate such persons drivers license and, absent a finding by the court of good cause for that failure, which finding is entered on the courts record, the court shall revoke or terminate the probation. (2) If the person subject to court ordered installation and use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-567.2 to apply for reinstatement of his or her drivers license during the period of

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suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-5-63.1, and proof of installation of an ignition interlock device on his or her a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 120 days 12 months after the suspension of the drivers license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular drivers license upon payment of the fee provided in Code Section 40-5-25. (3) If the person subject to court ordered installation and use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violators probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed, shall maintain such device and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where use installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violators probationary license or the immediate suspension or revocation of such license. (c) Each resident of this state who is required to use have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each interlocking required ignition interlock device in the persons vehicle or vehicles. If at any time it is determined that a person has tampered with the device, the probation officer or the court ordering use of such device or, in the case of a driver who is not on probation, the Department of Public Safety or its successor agency shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety or its successor agency, at the expense of the provider."

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PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-136, relating to surrender of license plates of habitual violators, and inserting in lieu thereof the following: "40-2-136. (a) If a person is convicted of violating Code Section 40-6-391 and the persons drivers 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 persons name. In the event a person was operating a motor vehicle not registered in such persons name at the time of violating Code Section 40-6-391 Upon any persons second or subsequent conviction of violating 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, the court shall issue an order requiring that the license plate of any motor vehicle registered in such persons name be surrendered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order, and the commissioner of revenue shall revoke any such license plate upon receiving such notice. 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. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction. (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 such person has been issued a limited driving permit or probationary drivers license in accordance with Code Section 42-8-112 or the drivers license of such person has been reissued or reinstated, whichever first occurs; and, except as provided in this subsection or subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates. (c)(1) 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 safety for 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 authorize the issuance of such a special license plate only if he or she determines that there is another member of such persons household who possesses a valid drivers license and that a co-owner of the vehicle or a member of the offenders family, other than the offender, is completely dependent upon the motor vehicle for the necessities

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of life and would be subjected to undue hardship without such special license plate;, and in no event shall such determination decision 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 safety 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 procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2-2. Said title is further amended by striking Code Section 40-5-57.1, relating to revocation of licenses of persons under age 21 for certain offenses and issuance of

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new licenses following revocations, and inserting in lieu thereof the following: "40-5-57.1. (a) Notwithstanding any other provision of this chapter, the drivers license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be revoked suspended by the department as provided by this Code section, and a drivers license revoked under this subsection shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. (b) A person whose drivers license has been revoked suspended under subsection (a) of this Code section shall:
(1) Except Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such revocation suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new drivers license have his or her drivers license reinstated six months from the date on which the revoked suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such revocation suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new drivers license have his or her drivers license reinstated 12 months from the date on which the revoked suspended license was surrendered to and received by the department; or (2) If the drivers license was revoked suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then: (A) If the drivers alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of 6 months; or

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(B) If and the drivers alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete be eligible to apply for and, subject to the examination requirements of Code Section 405-27 and payment of required fees, be issued a new drivers license 12 months from the date on which the revoked license was surrendered to and received by the department. (b.1) In any case where a persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been revoked suspended pursuant to this Code section, the administrative license suspension period and the license revocation suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license revocation suspension period provided by this Code section. (c) Any person whose drivers license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new drivers license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended drivers license under paragraph (1) of subsection (a) of Code Section 40-5-67.2; provided, however, that such fee shall not be required for the issuance of a new drivers license under this subsection if such persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been revoked pursuant to this Code section and the restoration fee was paid for such suspended drivers license. (d)(c) Any person whose drivers license is revoked suspended 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 drivers license without submitting become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the Department of Public Safety and payment of pays a fee equivalent to that required for restoration of a suspended drivers license under paragraph (1) of subsection (a) of Code Section 40-5-63; provided, however, that such fee shall not be required for the issuance of a new drivers license under this subsection if such persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been revoked suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended drivers license."
SECTION 2-3. Said title is further amended in Code Section 40-5-63, relating to periods of suspension and conditions to return of license, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:

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"(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 for reinstatement of said drivers license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of ten 18 months. 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 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 drivers 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"
SECTION 2-4. Said title is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following: "(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-567.1 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 for reinstatement of the persons drivers license; except that if such license was suspended as a result of a second arrest for violation of Code Section 406-391 within five years, the The person shall be eligible to apply to the department for license reinstatement not sooner than ten 18 months following the effective date of

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suspension. 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 drivers license suspended pursuant to Code Section 405-67.1 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."
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 40-2-136, relating to surrender of license plates of habitual violators, and inserting in lieu thereof the following:
"40-2-136. (a) If a person is convicted of violating Code Section 40-6-391 and the persons drivers 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 persons name. In the event a person was operating a motor vehicle not registered in such persons name at the time of violating Code Section 40-6-391 Upon any persons second or subsequent conviction of violating 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, the court shall issue an order requiring that the license plate of any motor vehicle registered in such persons name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke any such license plate upon receiving such notice. 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. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction. (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 such person has been issued a limited driving permit or probationary drivers license in accordance with Code Section 42-8-112 or the drivers license of such person has been reissued or reinstated, whichever first occurs; and, except as provided in this subsection or subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.
(c)(1) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be

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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 shall determine whether the applicant has a valid limited driving permit or probationary license or whether authorize the issuance of such a special license plate only if he or she determines that there is another member of such persons household who possesses a valid drivers license and that a co-owner of the vehicle or a member of the offenders family, other than the offender, is completely dependent upon the motor vehicle for the necessities of life and would be subjected to undue hardship without such special license plate;, and in no event shall such determination decision take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner, 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 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 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 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 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 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.

MONDAY, FEBRUARY 26, 2001

1275

(7) Any person aggrieved by a decision of the commissioner 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 procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 3-2. Said title is further amended by striking Code Section 40-5-57.1, relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new licenses following revocations, and inserting in lieu thereof the following: "40-5-57.1. (a) Notwithstanding any other provision of this chapter, the drivers license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be revoked suspended by the department as provided by this Code section, and a drivers license revoked under this subsection shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. (b) A person whose drivers license has been revoked suspended under subsection (a) of this Code section shall: (1) Except Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such revocation suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new drivers license have his or her drivers license reinstated six months from the date on which the revoked suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such revocation suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new drivers license have his or her drivers license reinstated 12 months from the date on which the revoked license was surrendered to and received by the department; or

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(2) If the drivers license was revoked suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then:
(A) If the drivers alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (B) If and the drivers alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete be eligible to apply for and, subject to the examination requirements of Code Section 405-27 and payment of required fees, be issued a new drivers license 12 months from the date on which the revoked license was surrendered to and received by the department. (b.1) In any case where a persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been revoked suspended pursuant to this Code section, the administrative license suspension period and the license revocation suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license revocation suspension period provided by this Code section. (c) Any person whose drivers license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new drivers license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended drivers license under paragraph (1) of subsection (a) of Code Section 40-5-67.2; provided, however, that such fee shall not be required for the issuance of a new drivers license under this subsection if such persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been revoked pursuant to this Code section and the restoration fee was paid for such suspended drivers license. (d)(c) Any person whose drivers license is revoked suspended 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 drivers license without submitting become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and payment of pays a fee equivalent to that required for restoration of a suspended drivers license under paragraph (1) of subsection (a) of Code Section 40-5-63; provided, however, that such fee shall not be required for the issuance of a new drivers license under this subsection if such persons drivers license was administratively suspended as a result of the

MONDAY, FEBRUARY 26, 2001

1277

offense for which the persons drivers license has been revoked suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended drivers license."
SECTION 3-3. Said title is further amended in Code Section 40-5-63, relating to periods of suspension and conditions to return of license, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following: "(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 for reinstatement of said drivers license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of ten 18 months. 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 or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers 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"
SECTION 3-4. Said title is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:

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"(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-567.1 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 for reinstatement of the persons drivers license; except that if such license was suspended as a result of a second arrest for violation of Code Section 40-6-391 within five years, the The person shall be eligible to apply to the department for license reinstatement not sooner than ten 18 months following the effective date of suspension. 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 drivers license suspended pursuant to Code Section 405-67.1 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."
PART IV SECTION 4-1.
(a) This Act shall become effective July 1, 2001, except as otherwise provided by subsection (b) of this section. (b) Each provision amended in Part III of this Act shall become effective and supersede that respective provision amended in Part II of this Act on July 1, 2001, or on such date thereafter as that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act, whichever is later.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative McCall of the 90th moves to amend the Committee substitute to HB 385 as follows:
Page 6, line 5, change $200.00 to $15.00

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

MONDAY, FEBRUARY 26, 2001

1279

N Allen N Amerson Y Anderson N Ashe N Bannister N Barnard Y Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash Y Channell N Childers N Coan N Coleman, B Y Coleman, T N Collins N Connell N Cooper

N Cox N Crawford N Cummings N Davis E Day N Dean N Deloach, B Y Deloach, G N Dix Y Dodson E Drenner N Dukes N Ehrhart N Epps N Everett N Floyd N Forster Y Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree E Henson N Hines N Holland N Holmes N Houston N Howard N Hudgens N Hudson, N

N Hudson, S N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord Y Lucas N Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee Y McCall N McClinton
McKinney N Millar N Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall Y Ray N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor N Sanders N Scheid N Scott N Seay N Shanahan
Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow Y Squires N Stallings N Stancil Y Stanley N Stanley-Turner N Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 16, nays 154. The amendment was lost.

The following amendment was read:

Representative Richardson of the 26th moves to amend the Committee substitute to HB 385 as follows:
On page 9, delete Section 1-7, lines 1-9. Renumber other sections accordingly.

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JOURNAL OF THE HOUSE

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

Y Allen Y Amerson Y Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd N Callaway N Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell
Cooper

N Cox N Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes N Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree E Henson N Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce Y Kaye N Keen Y Knox N Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills
Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter
Powell N Purcell Y Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert N Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Wiles N Wilkinson Y Willard N Williams N Wix Y Yates
Murphy, Speaker

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

The following amendment was read:

MONDAY, FEBRUARY 26, 2001

1281

Representative Richardson of the 26th moves to amend the Committee substitute to HB 385 as follows:
On page 9, after line 9, insert the following:
"(c) Any prosecution for a violation of this Section shall be commenced only upon a citation issued by a member of the Georgia State Patrol."

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

N Allen Y Amerson Y Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong Y Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

N Cox N Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G N Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S Y Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord Y Lucas Y Lunsford Y Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley
Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell N Purcell Y Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert N Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims Y Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes N Stuckey Y Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 61, nays 111.

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JOURNAL OF THE HOUSE

The amendment was lost.

The following amendment was read:

Representatives Barnard of the 154th and Stephens of the 150th move to amend the Committee substitute to HB 385 as follows:
By adding on page 5 to subsection (a) (2) the following:
(C) Provided, however, that "open alcoholic beverage container" shall not include bottles, cans, or other receptacles that are in the possession of a person who has possession thereof solely for the purpose of collecting such bottles, cans or other receptacles for recycling purposes, and it shall be conclusively presumed that such person has possession for recycling purposes where such bottles, cans, or other receptacles are in a plastic or other container in the possession of such person.

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

Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard N Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown Y Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway

N Cox N Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G N Dix N Dodson E Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard

N Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings N Johnson Y Jordan Y Joyce Y Kaye Y Keen N Knox N Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin

Y Mueller N Orrock N Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal Y Sailor Y Sanders

N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes N Stuckey Y Taylor Y Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L

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

MONDAY, FEBRUARY 26, 2001

Y Heckstall Y Hembree E Henson Y Hines N Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Massey Y McBee Y McCall N McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Scheid N Scott N Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield N Skipper Y Smith, B

1283
Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 128, nays 44. The amendment was adopted.

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 385 as follows:
Page 9, line 25 thru 27, after the "," strike new language

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch

Y Cox N Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford

Y Mueller N Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice N Richardson Y Roberts, D

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman

1284
Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree E Henson Y Hines
Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

On the adoption of the amendment, the ayes were 64, nays 106. The amendment was lost.

The following amendment was read and withdrawn:

N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

Representative Smith of the 91st moves to amend the Committee substitute to HB 385 as follows:
Restore stricken language on page 5, lines 24 thru 27 and page 6, lines 6 thru 8.
Strike new language on page 5, line 26 thru 37 and page 6, lines 1 thru 4.

The following amendment was read:

Representatives Lucas of the 124th, McCall of the 90th and DeLoach of the 172nd move to amend the Committee substitute to HB 385 as follows:
Page 5, line 33, after trailer, insert or customized vehicle that is designed to carry more than four passengers.

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

N Allen

N Cox

N Hudson, S

Y Mueller

N Smith, C

N Amerson Y Anderson N Ashe N Bannister Y Barnard Y Barnes N Bell N Birdsong Y Black N Boggs E Bohannon N Bordeaux N Borders N Bridges Y Brooks N Broome N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash Y Channell N Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell
Cooper

MONDAY, FEBRUARY 26, 2001

N Crawford Y Cummings N Davis E Day N Dean Y Deloach, B Y Deloach, G N Dix N Dodson E Drenner N Dukes N Ehrhart Y Epps
Everett N Floyd N Forster Y Franklin N Golick Y Graves N Greene N Hammontree N Hanner N Harbin N Harrell
Heard N Heckstall N Hembree E Henson N Hines N Holland N Holmes Y Houston N Howard N Hudgens N Hudson, N

Y Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson Y Jordan Y Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning N Martin N Massey N McBee Y McCall Y McClinton Y McKinney N Millar N Mills N Mobley N Morris N Mosley

N Orrock N Parham Y Parrish N Parsons Y Pelote N Pinholster N Poag N Porter
Powell N Purcell Y Ragas Y Randall N Ray N Reece N Reed N Reese N Reichert N Rice Y Richardson N Roberts, D Y Roberts, L N Rogers N Royal N Sailor N Sanders N Scheid N Scott Y Seay N Shanahan Y Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

1285
N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens E Stokes N Stuckey Y Taylor Y Teague N Teper N Tillman
Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 41, nays 126. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Everett of the 163rd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

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JOURNAL OF THE HOUSE

Representative Walker 87th moves to amend the Committee substitute to HB 385 as follows:
Strike line 24, page 7, inserting in lieu the following:
"than 90 days of actual incarceration. The judge may impose a period of community"

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers
Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings N Davis E Day N Dean Y Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter
Powell Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

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

MONDAY, FEBRUARY 26, 2001 The amendment was lost.

1287

Representative Coan of the 82nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Walker 87th moves to amend the Committee substitute to HB 385 as follows:
Strike lines 21-23 on page 5, inserting in lieu the following:
"include any locked glove compartment or the trunk of a passenger car."

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch
Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell

N Cox N Crawford N Cummings N Davis E Day N Dean N Deloach, B N Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd
Forster N Franklin Y Golick N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree E Henson

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan N Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee
McCall

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert N Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil N Stanley N Stanley-Turner N Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman N Walker, L Y Walker, R.L N Watson
West Y Westmoreland

1288
N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell N Cooper

JOURNAL OF THE HOUSE

Y Hines N Holland N Holmes N Houston N Howard N Hudgens N Hudson, N

N McClinton N McKinney N Millar Y Mills N Mobley Y Morris N Mosley

N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 35, nays 132. The amendment was lost.

The following amendment was read:

Representative Walker of the 87th moves to amend the Committee substitute to HB 385 as follows:
Strike lines 32 and 33 page 5, inserting in lieu the following:
"transportation of persons for compensation."
Insert between lines 33 and 34 a new paragraph (3) to read, "(3) the provisions of paragraph (1) of this subsection shall not apply to the living quarters of a motor home or house trailer, provided that, such motor home or house trailer is not on the roadway or shoulder of any public highway."
Renumber paragraph (3) as paragraph (4)

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

N Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs E Bohannon

N Cox N Crawford N Cummings N Davis E Day
Dean Y Deloach, B N Deloach, G N Dix N Dodson E Drenner N Dukes

N Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan N Joyce

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas

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

N Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch
Bunn N Burkhalter N Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers N Coan N Coleman, B
Coleman, T N Collins N Connell N Cooper

MONDAY, FEBRUARY 26, 2001

N Ehrhart N Epps N Everett N Floyd
Forster N Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree E Henson N Hines N Holland N Holmes N Houston N Howard N Hudgens N Hudson, N

N Kaye Y Keen N Knox N Lane Y Lanier N Lewis N Lord N Lucas N Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton Y McKinney N Millar Y Mills N Mobley Y Morris N Mosley

N Randall N Ray N Reece N Reed Y Reese N Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor N Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

1289
N Stanley N Stanley-Turner N Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 22, nays 146. The amendment was lost.

The following amendment was read:

Representative Rice of the 79th moves to amend the Committee substitute to HB 385 by striking lines 31 and 32 of page 6 and inserting in lieu thereof the following:
"of actual incarceration;".
By striking lines 24 and 25 of page 7 and inserting in lieu thereof the following:
"than ten days of actual incarceration;".

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

N Allen Y Amerson

Y Cox N Crawford

N Hudson, S Hugley

Y Mueller N Orrock

Y Smith, C Y Smith, C.W

1290
N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black Y Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Cummings Y Davis E Day N Dean Y Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

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

On the adoption of the amendment, the ayes were 77, nays 93. The amendment was lost.

The following amendment was read:

Representatives Westmoreland of the 104th and Ehrhart of the 36th move to amend the Committee substitute to HB 385 by striking lines 30 through 32 of page 6 and inserting in lieu thereof the following:
"provided, however, that the offender shall be required to serve not less than five days of actual incarceration unless the judge imposes a period of community service of 30

MONDAY, FEBRUARY 26, 2001

1291

days or more pursuant to subparagraph (C) of this paragraph, in which event the offender shall be required to serve not less than 48 hours of actual incarceration;"

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

N Allen Y Amerson N Anderson N Ashe
Bannister Y Barnard Y Barnes N Bell N Birdsong N Black Y Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis E Day N Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter N Powell Y Purcell N Ragas N Randall N Ray N Reece
Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 79, nays 91. The amendment was lost.

1292

JOURNAL OF THE HOUSE

Representative Kaye of the 37th 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 Reed of the 52nd 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 Wiles of the 34th moves to amend the Committee substitute to HB 385 by striking line 22 of page 15 and inserting in lieu thereof the following:
"this Code section, and a person whose driver's license has been suspended under this subsection shall be eligible for and may be issued a Class P instruction permit at any time during the suspension period provided by this Code section driver's license revoked under this subsection shall not be".
By striking line 14 of page 21 and inserting in lieu thereof the following:
"Code section, and a person whose driver's license has been suspended under this subsection shall be eligible for and may be issued a Class P instruction permit at any time during the suspension period provided by this Code section driver's license revoked under this subsection shall not be reinstated.".

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

Y Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes Y Bell N Birdsong Y Black Y Boggs E Bohannon Y Bordeaux N Borders Y Bridges N Brooks

Y Cox N Crawford N Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson E Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane

Y Mueller N Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster Y Poag N Porter
Powell Y Purcell Y Ragas N Randall Y Ray N Reece Y Reed

N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes

N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

MONDAY, FEBRUARY 26, 2001

Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes Y Houston N Howard Y Hudgens Y Hudson, N

Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee Y McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley

Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid N Scott Y Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

1293
N Stuckey N Taylor N Teague N Teper Y Tillman N Turnquest N Twiggs Y Unterman N Walker, L
Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 91, nays 79. The amendment was adopted.

Representative Manning of the 32nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 385 by inserting on line 11 of page 1, following the word and symbol "drugs;", the following:
"to provide that homicide by vehicle which occurs as a result of driving under the influence of alcohol or drugs shall be punishable by life imprisonment or death;"
By inserting on page 8, immediately following line 31, the following:
"SECTION 1-6A. Said title is further amended by striking in its entirety Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu thereof the following:
'40-6-393.

1294

JOURNAL OF THE HOUSE

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offenders alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, by imprisonment for life without parole, or by death. For purposes of the jury considering aggravating circumstances required for imposition of the sentence of death, said offense shall be considered murder, and an additional available aggravating circumstance relative to said offense shall be that the defendant knowingly and intentionally violated Code Section 40-6-391. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such persons license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offenders alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, by imprisonment for life without parole, or by death. For purposes of the jury considering aggravating circumstances required for imposition of the sentence of death, said offense shall be considered murder, and an additional available aggravating circumstance relative to said offense shall be that the defendant knowingly and intentionally violated Code Section 40-6-391. Adjudication, and adjudication of guilt or imposition of such sentence for a person so convicted and sentenced to a term of years or life may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary. (d) A person sentenced to life without parole for homicide by vehicle in the first degree shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person is innocent of the offense for which the sentence was imposed; and the term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections.'"

MONDAY, FEBRUARY 26, 2001

1295

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch N Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

N Cox N Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd
Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner
Stephens E Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 55, nays 114. The amendment was lost.

The following amendment was read:

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JOURNAL OF THE HOUSE

Representative Franklin of the 39th moves to amend the Committee substitute to HB 385 by inserting on line 2 of page 1, following the words "so as", 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 on page 2, immediately following line 3, the following: "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 (B) Feticide by vehicle, as defined by Code Section 40-6-393.1; and (2)(A) Violating Code Section 40-6-391 where the persons 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 drivers license of the person so charged. The drivers license shall be attached to the courts 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 drivers 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)(1) No temporary driving permit shall be issued to a person whose drivers 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 drivers license under subsection (a) of this Code section, the department shall suspend the persons drivers license, subject to review as provided in this chapter. (c)(1) 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 drivers license under subsection (a) of this Code section, the court shall, within ten days of such conviction or plea, forward the persons drivers license and the record of the disposition of the case to the department, and the department shall forthwith revoke the persons drivers license. The department shall not issue any new or renewal drivers 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

MONDAY, FEBRUARY 26, 2001

1297

grounds for seizure of a drivers license under subsection (a) of this Code section, and the court is in possession of the drivers license, the court shall upon adjudication or dismissal of the charges return the drivers license to the person and notify the department forthwith of the disposition of the case, and the suspension of the drivers 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.'

Said title is further".

SECTION 1-1A.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes Y Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd
Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree E Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner N Stephens E Stokes Y Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 60, nays 110. 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates

Y Cooper

MONDAY, FEBRUARY 26, 2001

Y Hudson, N

Y Mosley

Y Smith, B

1299
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Walker of the 141st moved that the House insist on its position in disagreeing to the Senate substitute to HB 174 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 Buck of the 135th, Coleman of the 142nd, and Walker of the 141st.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

1300

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 390. By Representative Byrd of the 170th:
A RESOLUTION commending Jeff Davis Middle School; and for other purposes.

HR 396. By Representatives Lunsford of the 109th and Jenkins of the 110th: A RESOLUTION commending Dewaine T. Bell; and for other purposes.

HR 397. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A RESOLUTION expressing regret at the passing of William Oscar "W.O." Reece; and for other purposes.

HR 398. By Representatives Lunsford of the 109th and Jenkins of the 110th:
A RESOLUTION recognizing and commending the Johnstonville Garden Club; and for other purposes.

HR 399. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Watson of the 70th:
A RESOLUTION commending the Eagle's Landing Middle School Lady Eagles basketball team; and for other purposes.

HR 400. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Watson of the 70th:
A RESOLUTION commending Adam Easey; and for other purposes.

MONDAY, FEBRUARY 26, 2001

1301

HR 401. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A RESOLUTION commending Charlotte Wilson; and for other purposes.

HR 403. By Representative Murphy of the 18th:
A RESOLUTION commending the North Georgia College and State University's Corps of Cadets; and for other purposes.

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black
Boggs Y Bohannon
Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell
Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Y Collins Y Connell Cooper

Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Holmes Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins
Jennings Y Johnson Y Jordan
Joyce Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Y Lord Lucas Lunsford Maddox Mangham E Mann Y Manning Martin Y Massey Y McBee McCall McClinton Y McKinney Y Millar Y Mills Mobley Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Powell Y Purcell Ragas Y Randall Ray Reece Reed Reese Y Reichert Y Rice Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Sholar Sims Sinkfield Y Skipper Y Smith, B

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires
Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Teague Teper Y Tillman Turnquest Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Wiles Y Wilkinson Y Willard Y Williams Wix Yates Murphy, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the Resolutions, the ayes were 110, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
Representatives Snow of the 2nd and Twiggs of the 8th 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 and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 287. By Representatives Pinholster of the 15th, Stancil of the 16th, Cummings of the 27th, McBee of the 88th and Porter of the 143rd:
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 Funk Heritage Center at Reinhardt College as the official state museum of southeastern Indian art and history; and for other purposes.
The following Committee substitute was read and adopted:
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 Funk Heritage/Bennett Center at Reinhardt College as Georgias official Frontier and Southeastern Indian Interpretive Center; to repeal conflicting laws; and for other purposes.
WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is a museum and pioneer village interpreting the history and culture of the southeastern Native Americans, the first inhabitants of our colony and state who contributed immeasurably to the cultural, economic, and social development of Georgia; and
WHEREAS, the center interprets and exhibits paintings, sculpture, and other creative

MONDAY, FEBRUARY 26, 2001

1303

works of contemporary southeastern Indian art and includes a permanent collection of antique hand tools used in trades from rope making and shipbuilding to bookbinding; and
WHEREAS, the center offers educational programs, performances, and demonstrations that encourage the study of Native American history and culture and enhance public awareness and understanding of the valuable contributions of our native people; and
WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College is truly an outstanding asset to the people of Georgia and the visiting public, and its mission should be properly recognized.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding at the end thereof a new Code Section 50-3-78 to read as follows:
"50-3-78. The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgias official Frontier and Southeastern Indian Interpretive Center."
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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall
Ray Y Reece
Reed

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes

1304
Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd
Callaway E Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lanier Y Lewis
Lord Lucas Y Lunsford Maddox Mangham E Mann Y Manning Martin Y Massey Y McBee McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

Y Stuckey Y Taylor
Teague N Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 645. By Representatives Floyd of the 138th, Ray of the 128th, Purcell of the 147th and Greene of the 158th:
A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relating to agriculture, so as to change the provisions relating to the annual license fee of grain dealers, commercial feed dealers, and grain warehousemen; to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to annual licenses; and for other purposes.

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

MONDAY, FEBRUARY 26, 2001

1305

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B
Coleman, T Y Collins Y Connell N Cooper

Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree E Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham E Mann Y Manning Martin N Massey Y McBee McCall McClinton Y McKinney Y Millar N Mills Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W
Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens E Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 138, nays 12. The Bill, having received the requisite constitutional majority, was passed.

HB 609. By Representatives Jackson of the 148th, Stephens of the 150th, Day of the 153rd and Heard of the 89th:
A BILL to amend Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic

1306

JOURNAL OF THE HOUSE
increases, so as to increase the amount of such credits; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic increases, so as to increase the amount of such credits; to remove certain limitations; 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 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic increases, is amended by striking subsections (b) and (c) and inserting in their place new subsections (b) and (c) to read as follows:
"(b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 for jobs added at any time between on or after January 1, 1998, and July 1, 2002, there shall be allowed an additional $500.00 $1250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 487-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time between on or after January 1, 1998, and July 1, 2002, there shall be allowed a credit against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall

MONDAY, FEBRUARY 26, 2001

1307

also be in lieu of and not in addition to the credit authorized under Code Sections 48-740.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9."
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, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bordeaux of the 151st, Jackson of the 148th and Stephens of the 150th move to amend the Committee substitute to HB 609 by inserting between "limitations;" and "to" on line 3 of page 1 the following:
"to provide for automatic repeal;".
By inserting between lines 7 and 8 of page 2 the following:
"SECTION 1A
Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
'(f) This Code section shall stand repealed in its entirety on January 1, 2008.'"

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow

1308
Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens E Stokes
Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 154. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be

MONDAY, FEBRUARY 26, 2001

1309

awarded as prizes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, is amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) It shall be unlawful to award prizes in excess of $1,100.00 $1,300.00 in cash or gifts of equivalent value during any calendar day or $2,200.00 $2,600.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or his such licensees agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game."
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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

1310
Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar
Mills Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 610. By Representatives Jamieson of the 22nd and Graves of the 125th:
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 film production equipment or services; to provide for an exemption with respect to the sale or use of certain digital broadcast equipment; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs

Y Cox Y Crawford Y Cummings N Davis E Day Y Dean
Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell

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

Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, FEBRUARY 26, 2001

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1311
Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 166, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 367. By Representative Byrd of the 170th:
A BILL to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury; to provide for reinstatement in certain circumstances; to provide for removal upon conviction and after exhaustion of appeals; and for other purposes.

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

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

Y Allen Y Amerson

Y Cox Y Crawford

Y Hudson, S Y Hugley

Y Mueller Y Orrock

Y Smith, C Y Smith, C.W

1312
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

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

On the passage of the Bill, the ayes were 164, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 530. By Representatives Martin of the 47th and Irvin of the 45th:
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 provisions relating to qualifications and salaries of solicitors; and for other purposes.

MONDAY, FEBRUARY 26, 2001

1313

The report of the Committee, which was favorable to the 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 35. By Senators Dean of the 31st, Starr of the 44th, Johnson of the 1st, Bowen of the 13th, Gillis of the 20th and others:

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JOURNAL OF THE HOUSE
A resolution authorizing the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through property owned by the State of Georgia in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal conflicting laws; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

MONDAY, FEBRUARY 26, 2001

1315

On the adoption of the Resolution, the ayes were 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hooks of the 14th, Starr of the 44th and Walker of the 22nd.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.
The following report of the Committee of Conference was read:

1316

JOURNAL OF THE HOUSE

COMMITTEE OF CONFERENCE REPORT ON HB 174

The Committee of Conference on HB 174 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 174 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Terrell Starr Senator, 44th District

/s/ Thomas B. Buck, III Representative, 135th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", approved May 1, 2000 (Ga. L. 2000, p. 1732), so as to change certain appropriations for the State Fiscal Year 2000-2001; 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 2000-2001, as amended, known as the "General Appropriations Act" approved May 1, 2000 (Ga. L. 2000, p. 1732), is further amended by striking everything following the enacting clause through Section 64, 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, 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 $13,457,000,000

MONDAY, FEBRUARY 26, 2001

1317

(excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2001.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.

State Funds 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

$

33,849,106

$

17,657,651

$

4,753,604

$

2,668,752

$

121,000

$

7,000

$

0

$

0

$

1,008,500

$

812,000

$

5,000

$

692,500

$

164,115

$

4,206,984

$

100,000

$

1,652,000

Total Funds Budgeted

$

33,849,106

State Funds Budgeted

$

33,849,106

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office
Total

Total Funds

State Funds

$

5,560,400 $

5,560,400

$

1,046,607 $

1,046,607

$

1,302,036 $

1,302,036

$

7,909,043 $

7,909,043

House Functional Budgets House of Representatives and Research Office $

Total Funds 12,713,690 $

State Funds 12,713,690

1318

JOURNAL OF THE HOUSE

Speaker of the House's Office Clerk of the House's Office
Total

$

480,753 $

480,753

$

1,703,289 $

1,703,289

$

14,897,732 $

14,897,732

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee
Total

Total Funds

State Funds

$

3,436,860 $

3,436,860

$

2,395,445 $

2,395,445

$

1,117,779 $

1,117,779

$

3,673,570 $

3,673,570

$

418,677 $

418,677

$

11,042,331 $

11,042,331

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.

MONDAY, FEBRUARY 26, 2001

1319

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.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

$

28,039,352

$

23,305,499

$

794,700

$

536,000

$

49,000

$

20,000

$

1,102,153

$

232,000

$

1,684,000

$

316,000

Total Funds Budgeted

$

28,039,352

State Funds Budgeted

Section 3. Judicial Branch.

PART II JUDICIAL BRANCH

State Funds 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

$

28,039,352

$ 121,556,485

$

16,049,110

$ 102,144,772

$

3,186,950

$

1,837,763

$

34,284

$

700,000

$

600,000

$ 124,552,879

1320

JOURNAL OF THE HOUSE

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

$

Section 4. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services

State Funds 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

$ 121,556,485

Total Funds 7,897,514 $
10,689,148 $ 44,988,959 $ 39,065,780 $ 1,383,075 $ 1,208,126 $ 10,090,955 $
246,262 $ 5,837,388 $ 2,802,982 $
342,690 $
124,552,879 $

State Funds 7,069,074
10,593,148 44,988,959 37,240,049 1,383,075 1,161,187
9,907,832 246,262
5,821,227 2,802,982
342,690
121,556,485

$

50,849,155

$

66,907,697

$

14,738,157

$

613,171

$

744,834

$

4,030,945

$

2,496,010

$

4,423,116

$

460,283

$

47,100,118

$

26,175,204

$

0

$

0

$

650,000

$

563,793

MONDAY, FEBRUARY 26, 2001
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 Payments to Georgia Technology Authority Payments for Hazardous Materials Removal
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

1321

$

83,994,325

$

683,484

$

26,939,840

$

496,375

$

35,000

$

48,500

$

75,000

$

500,000

$

0

$

7,783,527

$

100,000

$ 289,559,379

$

50,849,155

Administration Support Services Statewide Business Services Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Customer Service
Total
B. Budget Unit: Georgia Building Authority
State Funds Personal Services Regular Operating Expenses Travel

Total Funds

State Funds

$

7,046,356 $

2,433,500

$

29,130,012 $

800,000

$

3,654,108 $

3,624,738

$

222,785,349 $

28,809,162

$

3,951,132 $

496,375

$

736,486 $

736,486

$

1,714,927 $

279,230

$

4,686,156 $

4,382,232

$

10,633,703 $

9,287,432

$

5,221,150 $

0

$

289,559,379 $

50,849,155

$

0

$

19,913,392

$

15,468,544

$

13,000

1322

JOURNAL OF THE HOUSE

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

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage

Total Funds 13,183,366 $ 0$ 12,422,856 $ 6,487,113 $ 4,558,445 $ 399,532 $
37,051,312 $
$ $ $ $ $ $ $ $ $ $ $

200,000 90,000 322,000 15,071 261,916 767,389 0 0 0 0
37,051,312
0
State Funds 0 0 0 0 0 0
0
43,074,106 34,471,818 4,338,335
1,028,145 690,948 462,673 667,341 814,475 406,380
1,713,241 1,143,240

MONDAY, FEBRUARY 26, 2001

Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe 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

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

$ $ $
$ $
$ $
$ $ $
$
$
$
Total Funds 9,065,216 $ 17,111,644 $ 7,412,575 $ 8,353,672 $ 3,659,546 $ 8,620,508 $ 697,804 $
54,920,965 $

B. Budget Unit: State Funds Georgia

Agrirama Development

Authority

$

Personal Services

$

Regular Operating Expenses

$

1323
3,487,158 3,368,613
265,000
30,000 425,000
918,598 0
650,000 0
40,000
0
54,920,965
43,074,106
State Funds 8,284,216 13,979,509 3,737,575 8,166,672 3,529,846 5,376,288 0
43,074,106
0 1,153,218
213,180

1324

JOURNAL OF THE HOUSE

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.
State Funds 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.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

3,000

$

0

$

5,000

$

9,500

$

0

$

7,500

$

96,500

$

125,000

$

120,000

$

1,732,898

$

0

$

10,871,827

$

8,903,028

$

471,206

$

475,103

$

112,380

$

34,422

$

309,790

$

458,071

$

94,392

$

13,435

$

10,871,827

$

10,871,827

$ 119,543,047

$

20,511,876

$

2,530,576

$

524,723

$

8,000

MONDAY, FEBRUARY 26, 2001

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 EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Environmental Management $

Division

Business and Financial Assistance Division $

$ $ $ $ $ $ $
$ $
$
$
$ $ $ $ $ $ $
$ $ $ $ $ $ $
$
$
Total Funds 87,760,199 $ 4,641,237 $
37,780,513 $

1325
384,085 1,451,218 1,465,060
700,735 517,228
0 2,204,851
78,139,060 146,000
30,000,000
5,315,000
5,000,000 3,165,581
0 617,500 3,281,250 915,888 3,847,147
189,073 0
1,128,125 1,250,000 50,000,000 7,964,097 1,500,000
222,757,073
119,543,047
State Funds 87,592,248 4,413,281
6,204,475

1326

JOURNAL OF THE HOUSE

Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division
Total

$

9,638,290 $

4,665,581

$

8,404,398 $

6,772,856

$

2,242,670 $

766,002

$

1,874,857 $

$

66,036,276 $

$

4,378,633 $

931,779 3,818,192 4,378,633

$

222,757,073 $ 119,543,047

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services
State Funds
Tobacco Funds 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 Medical Student Capitation

$ 1,379,406,055

$

18,463,913

$

31,314,590

$

7,239,208

$

407,279

$

14,500

$

77,292

$

50,488,800

$

1,368,942

$

808,391

$ 376,727,342

$ 3,648,661,747

$

1,097,500

$

64,732

$

183,244

$

764,826

$ 1,009,000,000

$

27,000

$

400,000

$

762,000

$

4,137,000

$

2,202,803

$

175,000

$

3,889,600

MONDAY, FEBRUARY 26, 2001

1327

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

$

19,308,766

$

7,894,890

$

488,700

$

474,240

$

120,000

$ 5,168,098,392

$

18,463,913

$ 1,379,406,055

Departmental Functional Budgets

Commissioner's Office

$

Medicaid Benefits, Penalties and

$

Disallowances

Program Management - Medicaid

$

Systems Management - Medicaid

$

Office of General Counsel

$

Office of Communications

$

Office of Human Resources

$

General Administration

$

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

$

C. Budget Unit: State Funds - Indigent Trust Fund
Per Diem, Fees and Contracts Benefits
Total Funds Budgeted

Total Funds 1,346,821 $
3,648,661,747 $

State Funds 821,951
1,280,370,793

38,639,112 $ 58,231,312 $ 1,232,556 $
473,646 $ 429,236 $ 53,121,954 $ 498,406 $ 491,496 $ 1,314,032,148 $ 2,010,769 $ 39,189,015 $ 1,841,346 $ 1,461,177 $ 6,437,651 $

15,016,135 12,454,004
699,139 236,823 263,914 2,824,458 371,210 454,634 34,000,000 1,822,015 39,189,015 1,841,346 1,461,177 6,043,354

5,168,098,392 $ 1,397,869,968

$ 148,828,880

$

8,200,000

$ 360,067,504

$ 368,267,504

1328

JOURNAL OF THE HOUSE

State Funds Budgeted
C. Budget Unit: PeachCare for Kids
State Funds
Tobacco Funds 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. State Funds - 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

$ 148,828,880

$

28,544,840

$

2,756,037

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$ 105,599,468

$ 111,721,664

$

2,756,037

$

28,544,840

$ 882,706,600

$ 567,562,576

$

65,759,791

$

2,642,109

$

1,316,670

$

3,625,775

$

5,933,316

$

6,909,819

$

7,838,571

$

66,159,707

$

248,000

MONDAY, FEBRUARY 26, 2001

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 University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted Indirect DOAS Funding
State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

$ $ $ $ $ $ $ $
$ $ $
$ $
$ $
$
Total Funds 30,746,214 $ 26,700,008 $ 129,505,387 $ 67,675,854 $ 650,411,941 $
905,039,404 $

Section 10. Department of Defense.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

1329
23,954,905 1,300,000 31,587,595 5,550,695 0 1,093,624 4,568,025 1,627,150
577,160 1,527,120 103,961,852
438,944 856,000
905,039,404 450,000
882,706,600
State Funds 29,939,214 26,700,008 121,041,178 67,627,854 637,398,346
882,706,600
8,245,850 14,564,948 16,204,308
91,951 0
46,615 137,163

1330

JOURNAL OF THE HOUSE

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard

Total Funds

$

2,401,954 $

$

6,181,344 $

$

24,461,038 $

44,010 1,021,511
933,830 0
33,044,336
8,245,850
State Funds 2,101,288 731,144 5,413,418

Total

$

Section 11. State Board of Education A. Budget Unit: Department of Education
State Funds
Tobacco Funds 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

33,044,336 $

8,245,850

$ 5,608,692,474

$

30,000,000

$

41,505,662

$

8,292,824

$

1,620,426

$

207,000

$

393,972

$

1,643,484

$

76,212,989

$

17,230,761

$

2,455,803

$

800,452

$

161,600

$ 1,552,419,232 $ 1,298,553,037 $ 675,565,846

MONDAY, FEBRUARY 26, 2001
Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants 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

1331

$

38,351,788

$

61,298,842

$ 173,931,719

$ 610,533,308

$ 117,053,487

$

66,770,363

$

38,583,203

$ 145,302,703

$ 826,962,327

$ 164,594,503

$ (931,728,915)

$ 113,258,381

$

0

$ 222,603,372

$

3,158,000

$

620,134

$

500,000

$

4,340,000

$

49,509,799

$

27,650,639

$

293,520

$ 236,086,129

$

4,025,312

$ 133,835,313

$

5,508,750

$

1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$

12,492,000

$

15,509,931

$

20,872,540

$

1,250,000

$

151,000

$

2,309,000

1332

JOURNAL OF THE HOUSE

Serve America Program Drug Free School (Federal) School Lunch (State) Mentoring Program - Middle School Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Troops To Teachers Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Grants For School Nurses
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

$

1,042,976

$

11,625,943

$

36,143,488

$

500,000

$

7,236,638

$

3,261,446

$

57,092,685

$

25,793,090

$ 107,826,070

$

4,539,410

$

1,690,215

$

7,466,425

$

274,395

$

11,474,763

$

61,982,014

$

3,827,248

$

3,884,639

$

2,077,344

$

1,087,500

$

111,930

$

6,018,289

$

350,000

$

623,580

$

0

$

5,967,000

$

30,000,000

$ 6,426,848,292

$

0

$

30,000,000

$ 5,608,692,474

Total Funds 12,850,123 $ 64,806,907 $ 1,368,652 $ 16,272,344 $ 9,887,037 $

State Funds 10,168,516 49,483,645 1,291,063 10,798,877 544,407

MONDAY, FEBRUARY 26, 2001

1333

Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf
Total

$

26,985,960 $

18,061,574

$ 6,276,723,319 $ 5,531,828,394

$

6,087,661 $

5,545,787

$

5,442,266 $

5,058,609

$

6,424,023 $

5,911,602

$ 6,426,848,292 $ 5,638,692,474

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 Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$ 157,441,836

$

29,485,875

$

0

$

4,500,000

$

0

$

0

$

1,710,000

$

0

$

0

$

135,000

$ 121,610,961

$

0

$

0

$ 157,441,836

$ 157,441,836

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

$

1,269,256

$ 221,444,380

$

2,235,591

$

5,215,957

$

3,642,166

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$

1,186,947

$

225,693

1334

JOURNAL OF THE HOUSE

Telecommunications Utilities Capital Outlay Federal Nutrition Grants Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds 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.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

31,724

$

0

$

0

$ 129,817,711

$

134,500

$ 364,438,939 $ 228,895,928

$

1,269,256

$

2,992,000

$

2,872,542

$

488,800

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

2,807,000

$

2,992,000

$

10,899,242

$

2,992,000

$

37,628,116

$

30,824,082

$

6,007,411

$

179,793

$

1,296,822

$

2,091,933

$

358,525

$

7,736

$

1,091,041

MONDAY, FEBRUARY 26, 2001

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
Reforestation Field Services General Administration and Support
Total

Total Funds

$

2,167,586 $

$

36,886,568 $

$

3,939,592 $

$

42,993,746 $

Section 14. Georgia Bureau of Investigation.

State Funds

$

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

1335
1,047,903 60,000 28,500 0 0
42,993,746
37,628,116
State Funds 0
33,856,679 3,771,437
37,628,116
64,841,479 46,956,683 7,495,335
531,177 437,010 1,659,395 1,089,678 418,425 1,073,667 4,756,442 423,667
0
64,841,479
64,841,479

1336

JOURNAL OF THE HOUSE

Administration Investigative Georgia Crime Information Center Forensic Sciences
Total
Section 15. Office of the Governor.

Total Funds

$

5,169,256 $

$

27,840,349 $

$

11,259,852 $

$

20,572,022 $

$

64,841,479 $

State Funds 5,169,256
27,840,349 11,259,852 20,572,022
64,841,479

State Funds 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

$

52,559,276

$

20,803,428

$

2,653,219

$

383,185

$

0

$

156,741

$

516,375

$

1,396,516

$

626,440

$

7,821,558

$

4,670,081

$

40,000

$

13,568,372

$

408,595

$

4,347,581

$

274,194

$

275,000

$

0

$

250,000

$

1,697,750

$

1,500,000

$

684,400

$

1,085,000

$

0

$

57,000

$

0

$

0

MONDAY, FEBRUARY 26, 2001

1337

Total Funds Budgeted

$

63,215,435

State Funds Budgeted

$

52,559,276

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 Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of Child Advocate Office of Education Accountability
Total

Total Funds

$

18,687,048 $

$

1,151,969 $

$

10,571,462 $

$

5,583,176 $

$

4,916,242 $

$

0$

$

3,643,138 $

$

2,528,990 $

$

530,358 $

$

5,658,618 $

$

7,019,434 $

$

300,000 $

$

2,625,000 $

$

63,215,435 $

State Funds 18,637,048 848,998 10,571,462 4,885,331 4,718,242 0
395,162 606,990 530,358 5,658,618 2,782,067 300,000 2,625,000
52,559,276

Section 16. Department of Human Resources.
State Funds
Tobacco Funds 1. General Administration and Support
Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges

$ 1,281,806,053

$

37,102,837

$

80,222,927

$

3,070,801

$

2,212,440

$

0

$

167,457

$

4,559,125

$

15,185,233

$

58,845,529

1338

JOURNAL OF THE HOUSE

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Commissioner's Office Office of Planning and Budget Services Office of Adoptions Children's Community Based Initiative Troubled Children's Placements Human Resources and Organization Development Technology and Support Computer Services Facilities Management Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Office of Financial Services Office of Audits Human Resource Management Transportation Services Indirect Cost Policy and Government Services Aging Services

Total Funds

$

1,109,629 $

$

4,421,831 $

$

12,609,767 $

$

10,506,906 $

$

49,063,157 $

$

1,389,990 $

$

33,831,966 $

$

75,441,963 $

$

5,462,443 $

$

714,862 $

$

3,428,310 $

$

11,284,372 $

$

6,847,859 $

$

9,994,788 $

$

2,931,715 $

$

7,259,938 $

$

12,915,452 $

$

0$

$

1,327,486 $

$

84,443,581 $

16,157,417 0
49,063,157 74,577,470
163,451 823,383 29,607,957 1,925,000
0
336,581,347 3,982,840 8,211,528
190,496,940
State Funds 1,109,629 4,421,831 6,618,946 10,231,906 35,585,726 1,389,990
33,489,567 32,770,050 4,162,410
704,862
3,401,741 5,474,974 2,301,122 5,615,155 2,931,715 7,259,938 3,136,841 (16,637,451) 1,327,486 53,394,193

DDSA Council

MONDAY, FEBRUARY 26, 2001

$

1,595,332 $

1339 17,837

Total

$

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

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

$

336,581,347 $ 198,708,468

$

52,520,153

$

77,894,814

$

942,113

$

0

$

195,367

$

1,509,862

$

14,286,098

$

0

$

1,052,180

$

574,000

$

23,202,591

$ 155,026,313

$

0

$

190,927

$

5,222,222

$ 332,616,640

$

324,160

$

23,135,201

$ 166,500,151

Total Funds 13,216,105 $ 1,305,211 $ 2,749,155 $ 2,036,524 $ 6,657,164 $ 5,423,901 $ 3,189,205 $ 13,998,499 $ 84,557,361 $ 73,752,577 $ 13,168,451 $

State Funds 13,089,170 1,091,380 2,423,980 923,912 5,890,345 5,423,901 1,031,192 5,987,183 0 72,828,928 6,338,939

1340

JOURNAL OF THE HOUSE

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Smoking Prevention and Cessation

$

Injury Control

$

Public Health - Division Indirect Cost

$

Total

$

3. Budget Unit: Division Of Rehabilitation Services
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

4,072,839 $ 428,060 $
2,164,928 $ 1,629,400 $ 5,782,846 $ 1,925,492 $
976,593 $ 2,841,919 $ 1,567,494 $
163,524 $ 7,462,500 $ 2,517,143 $ 2,056,339 $
643,228 $ 2,033,322 $ 7,331,823 $
202,226 $ 16,544,508 $ 10,713,458 $ 12,531,753 $
115,041 $ 12,858,217 $ 15,312,890 $
686,944 $ 0$
332,616,640 $
$ $ $ $ $ $ $ $ $ $ $

2,629,491 326,832
1,673,286 0
4,274,329 1,076,537
767,742 1,199,699 1,567,494
163,524 7,462,500 2,239,550 1,789,476
643,228 1,501,847 7,061,823
202,226 9,854,829 2,640,380 2,933,885
97,544 10,367,903 15,312,890
544,306 (1,724,899)
189,635,352
87,939,589 12,168,243
1,814,584 50,582
2,133,277 5,370,911 11,489,353
302,541 2,491,137 41,304,191
945,245

MONDAY, FEBRUARY 26, 2001

Purchase of Services Contracts Major Maintenance and Construction Utilities Postage
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

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

$

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

$ $ $ $
$ $
$
Total Funds 69,950,705 $ 973,949 $ 511,903 $ 10,778,695 $ 2,034,196 $ 934,540 $ 54,148,315 $ 12,248,139 $ 28,827,622 $
180,408,064 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $

1341
12,435,883 305,000 909,650 747,878
180,408,064 100,000
27,411,325
State Funds 13,793,006 458,969 511,903 3,158,205 608,421 934,540 0 1,191,899 6,754,382
27,411,325
24,103,150 3,851,014
993,807 0
542,213 3,695,697 30,733,524
0 1,596,679 4,728,038 124,425,510 7,087,433 325,768,802 37,526,463 3,870,136

1342

JOURNAL OF THE HOUSE

Grants to County DFACS - Operations
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

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

$

$ 377,708,829

$ 946,631,295

$

0

$

3,341,218

$ 385,897,909

Total Funds 1,141,802 $ 5,154,155 $ 4,743,479 $ 3,905,620 $ 13,967,852 $ 2,460,085 $ 2,789,549 $ 3,801,931 $ 44,614,931 $
114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $
124,602,963 $ 116,557,469 $
3,190,752 $ 9,102,536 $
74,173,127 $
27,151,950 $
26,395,784 $
45,418,684 $ 4,290,503 $ 40,715,074 $ 21,740,976 $ 7,849,656 $ 36,881,820 $ 17,244,504 $

State Funds 1,141,802 4,642,114 2,757,650 3,905,620 1,791,369 2,460,085 1,783,758 3,801,931 5,488,958 48,247,444 1,122,012 0 0 60,017,286 45,979,087 0 2,983,382
37,757,959
10,576,743
9,463,311
15,861,742 2,520,990 27,064,980 13,498,975 4,891,413 22,122,444 10,431,388

MONDAY, FEBRUARY 26, 2001

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

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

174,820,622 $ 3,911,923 $ 4,728,038 $ 0$
946,631,295 $
$ $ $ $ $ $
$ $ $
$

Departmental Functional Budgets

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

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

Program Direction and Support

$

Regional Offices

$

Total

$

Total Funds 32,772,718 $ 17,026,758 $ 28,267,529 $ 40,282,598 $ 118,486,543 $ 17,815,505 $ 52,823,773 $ 19,892,370 $ 4,159,987 $ 185,338,609 $ 95,636,003 $ 95,557,636 $ 14,438,057 $ 7,168,667 $
729,666,753 $

1343
51,686,937 3,871,923 4,728,038 (11,360,214)
389,239,127
286,885,148 56,534,028
200,000 9,483,000 1,991,161 374,573,416
729,666,753 1,406,400 2,414,890
511,499,728
State Funds 19,133,691 14,640,064 18,803,861 31,128,813 71,608,491 16,451,180 23,664,972 17,700,753 3,220,417 178,127,285 60,284,524 44,208,468 9,111,659 5,830,440
513,914,618

1344

JOURNAL OF THE HOUSE

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 Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism.
State Funds
Tobacco Funds Personal Services

$ 531,670,967

$

96,984,872

$

5,962,944

$

250,582

$

3,038,314

$

15,135,595

$

71,694,208

$

59,148,070

$

21,297,413

$

56,534,028

$ 374,573,416

$

41,304,191

$

4,728,038

$ 124,425,510

$

8,606,678

$ 374,831,959

$ 147,742,407

$ 155,026,313

$

2,459,612

$

10,392,650

$

5,632,324

$

29,607,957

$ 379,633,829

$

5,222,222

$ 2,525,904,099

$

5,813,400

$

37,102,837

$ 1,281,806,053

$

29,987,419

$

79,953,629

$

12,598,152

MONDAY, FEBRUARY 26, 2001

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

$

One Georgia Fund

$

Total Funds Budgeted

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research One Georgia Fund
Total

Total Funds

$

95,006,259 $

$

6,695,733 $

$

3,920,556 $

$

4,318,500 $

$

0$

$

0$

$

0$

$

109,941,048 $

Section 18. Department of Insurance.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

1345
1,311,323 605,806 60,000 93,724 391,336 818,323 422,215
1,561,387 250,600
11,824,553 0 0
50,000 0 0
79,953,629
109,941,048 79,953,629
29,987,419
State Funds 95,006,259 6,695,733 3,920,556 4,318,500 0 0 0
109,941,048
15,650,323 14,435,404
725,179 435,414

1346

JOURNAL OF THE HOUSE

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
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund
Total

Total Funds

$

5,344,775 $

$

5,623,324 $

$

517,024 $

$

5,433,970 $

$

515,716 $

$

17,434,809 $

Section 19. Department of Juvenile Justice.

State Funds

$

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

$

185,100 42,327
313,272 796,248 405,207
96,658 0
17,434,809
15,650,323
State Funds 5,344,775 5,623,324 517,024 3,649,484 515,716
15,650,323
269,049,715 163,243,160 16,853,316
2,221,462 228,444
1,045,874 3,000,496 2,377,856 2,128,857 14,522,054 3,490,764
697,800 0
33,410,003 32,373,210
0

MONDAY, FEBRUARY 26, 2001

Juvenile Justice Reserve Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Regional Youth Development Centers

$

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

$
$
$
Total Funds 64,863,090 $ 85,032,932 $ 27,230,680 $ 27,870,457 $ 527,095 $ 1,203,970 $ 40,616,737 $ 2,015,777 $ 740,493 $ 4,056,561 $ 18,335,067 $ 3,100,437 $
275,593,296 $

Section 20. Department of Labor.

State Funds

$

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

$

1347
0
275,593,296
269,049,715
State Funds 63,359,130 82,438,578 26,491,282 27,407,962 527,095 1,203,970 39,483,961 2,015,777 740,493 3,966,561 18,314,469 3,100,437
269,049,715
14,885,389 88,441,273 7,355,346
1,444,617 0
1,148,245 2,350,550 2,477,791 2,040,140 54,500,000 4,243,299
0 1,287,478
0

1348

JOURNAL OF THE HOUSE

Total Funds Budgeted
State Funds Budgeted
Section 21. Department of Law.
State Funds 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.
State Funds 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

$ 165,288,739

$

14,885,389

$

15,398,545

$

14,679,711

$

724,211

$

199,322

$

0

$

14,375

$

304,337

$

825,793

$

196,787

$

19,500,000

$

147,000

$

36,591,536

$

15,398,545

$

0

$

7,495,132

$

985,269

$

95,263

$

23,127

$

767,856

$

1,220,574

$

2,124,165

$

214,277

$

12,925,663

$

0

$

1,172,184

MONDAY, FEBRUARY 26, 2001
Agency Assessments Deferred Compensation
State Funds Budgeted
Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources
State Funds 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

1349

$

11,240,106

$

513,373

$

0

$ 155,728,461

$

84,166,552

$

14,779,005

$

719,083

$

1,626,889

$

3,066,198

$

2,691,333

$

14,479,333

$

893,428

$

1,382,299

$

0

$

675,000

$

1,326,056

$

1,185,176

$

3,161,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

341,000

$

0

$

0

$

0

$

0

1350

JOURNAL OF THE HOUSE

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

$

Wildlife Endowment Fund

$

Payments to Georgia Agricultural Exposition

Authority

$

Payments to McIntosh County

$

Payments to Baker County

$

Payments to Calhoun 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
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources

Total Funds

$

35,990,605 $

$

6,179,502 $

$

3,303,089 $

$

40,655,414 $

$

2,551,631 $

$

40,094,868 $

170,047
212,646
300,000 0
266,000 14,245,022
6,685,603 1,179,200
2,107,309 100,000 31,000 24,000 0
30,000,000
190,064,172
840,190
0
1,331,931 1,434,982
200,000
155,728,461
State Funds 35,975,605 6,179,502 2,813,089 22,518,974 2,380,769 34,782,897

MONDAY, FEBRUARY 26, 2001

Environmental Protection

$

Pollution Prevention Assistance

$

Total

$

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunic Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Agricultural Exposition Authority $

60,452,006 $ 837,057 $
190,064,172 $
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds
6,215,409 $

Section 24. State Board of Pardons and Parole.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

1351
50,240,568 837,057
155,728,461
0 3,126,228 2,024,181
25,000 10,000 95,000 15,000
0 80,000 840,000
0
6,215,409
0
State Funds
0
50,253,029 40,029,564
1,697,625 530,000 230,199 190,000 591,200
3,148,958 1,065,000

1352

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

State Funds 1. Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted
2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$

2,014,983

$

735,500

$

20,000

$

50,253,029

$

50,253,029

$ 113,115,775

$

68,071,239

$

9,541,257

$

181,036

$

4,632,350

$

411,690

$

3,169,210

$

26,462

$

2,758,147

$

1,329,300

$

277,100

$

0

$

0

$

90,397,791

$

1,650,000

$

88,747,791

$

19,721,181

$

1,112,113

$

20,000

$

0

$

62,343

$

0

$

47,262

MONDAY, FEBRUARY 26, 2001

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

Administration

$

Driver Services

$

Field Operations

$

Total

$

C. Budget Unit: State Funds - 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

$ $ $ $ $ $
$ $
$
Total Funds 23,536,229 $ 24,367,984 $ 66,861,562 $
114,765,775 $
$
$ $ $ $ $ $ $ $ $ $ $ $
$
$

1353
273,300 59,000
0 303,651 34,900 2,734,234
24,367,984 0
24,367,984
State Funds 22,036,229 24,367,984 66,711,562
113,115,775
16,326,962
9,793,164 2,693,486
103,389 62,020 197,746 244,185 323,927 306,573 437,062 2,425,200 3,203,908 750,000
20,540,660
16,326,962

1354

JOURNAL OF THE HOUSE

Departmental Functional Budgets

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

$

Section 26. Public School Employees' Retirement System.

Total Funds 3,556,781 $ 1,594,540 $ 1,216,022 $ 1,703,988 $ 485,161 $
11,984,168 $
20,540,660 $

State Funds 617,083
1,594,540 1,126,022 1,593,988
485,161
10,910,168
16,326,962

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted
Section 27. Public Service Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

$

17,642,000

$

625,000

$

17,017,000

$

17,642,000

$

17,642,000

$

9,847,341

$

9,024,706

$

594,856

$

263,062

$

207,184

$

61,236

$

378,286

$

439,157

$

220,072

$

1,503,791

$

12,692,350

MONDAY, FEBRUARY 26, 2001

1355

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction
State Funds

Tobacco Funds 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 Tobacco Funds Budgeted
State Funds Budgeted

$

9,847,341

Total Funds 3,123,562 $ 4,332,877 $ 5,235,911 $
12,692,350 $

State Funds 3,123,562 1,761,179 4,962,600
9,847,341

$ 1,495,604,010

$

37,099,895

$ 1,603,596,600 $ 256,440,564

$ 408,265,896

$ 740,373,595

$

54,329,707

$

1,147,473

$

370,842

$

1,009,322

$

75,346,785

$

61,536,797

$ 3,202,417,581

$ 116,021,107

$ 996,814,158

$ 553,838,911

$

3,039,500

$

37,099,895

$ 1,495,604,010

1356

JOURNAL OF THE HOUSE

D. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
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 Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research
Institute Direct Payments to the Georgia Public Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

Regents Central Office and Other Organized Activities

Marine Resources Extension Center

$

Skidaway Institute of Oceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

$ 251,860,362

$ 129,035,253

$

65,746,167

$

90,776,579

$ 225,355,657

$

2,784,785

$

22,137,323

$

0

$

1,298,000

$

6,304,720

$

1,379,525

$

600,000

$

1,390,021

$

0

$

22,316,428

$

32,375,807

$

30,000,000

$ 631,500,265

$

7,633,100

$ 301,016,038

$

70,447,265

$

543,500

$ 251,860,362

Total Funds 2,516,306 $ 5,204,604 $ 1,878,491 $
112,348,319 $

State Funds 1,646,559 1,853,484 1,110,858
10,248,495

MONDAY, FEBRUARY 26, 2001

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

$

Public Libraries

$

State Data Center

$

Total

$

22,137,323 $ 74,490,974 $ 60,527,405 $ 230,375,431 $
3,569,225 $ 5,353,607 $ 3,625,810 $ 3,443,781 $ 35,301,089 $ 35,628,283 $ 35,099,617 $
631,500,265 $

1357
9,530,323 46,350,255 37,511,168 35,961,155
3,569,225 576,097 0 89,811
35,194,240 33,119,075 35,099,617
251,860,362

E. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

$

0

$

10,661,987

$

14,875,994

$

4,040,278

$

4,855,685

$

34,433,944

$

34,433,944

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Technology Equipment Initiative Equipment - Public Libraries

$

54,626,222

$

15,000,000

$

4,371,000

$

1,500,000

$

7,466,000

$

3,579,222

$

800,000

1358

JOURNAL OF THE HOUSE

Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue.
State Funds
Tobacco Funds 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
Tobacco Funds Budgeted
State Funds Budgeted

$

20,000,000

$

1,910,000

$

54,626,222

$

54,626,222

$ 303,662,287

$

250,000

$

69,528,319

$

11,119,243

$

1,207,821

$

375,243

$

910,924

$

29,133,469

$

2,991,514

$

3,760,736

$

2,252,450

$

4,272,795

$

0

$

9,027,550

$

3,738,010

$

4,972,668

$ 166,000,000

$ 309,290,742

$

3,845,000

$

250,000

$ 303,662,287

Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Total Funds
29,475,650 $ 8,570,473 $ 15,134,364 $

State Funds
29,475,650 8,420,473 14,119,164

MONDAY, FEBRUARY 26, 2001

Compliance Division

$

Income Tax Unit

$

Motor Vehicle Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

$

Total

$

Section 30. Secretary of State. A. Budget Unit: Secretary of State

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

24,379,893 $ 8,893,616 $ 35,396,721 $ 170,504,262 $ 5,672,039 $
20,000 $ 8,002,255 $ 3,241,469 $
309,290,742 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 4,816,489 $ 5,109,479 $ 2,532,021 $ 2,312,818 $ 4,996,638 $ 1,353,596 $ 588,821 $
12,872,840 $

1359
24,239,893 8,593,616
34,096,721 168,970,807
5,572,039 20,000
7,162,455 3,241,469
303,912,287
33,785,597 18,793,954 3,236,861
234,150 191,357
69,986 3,108,446 3,005,529
851,920 1,684,856
640,900 3,012,638
34,830,597
33,785,597
State Funds 4,786,489 5,034,479 1,812,021 2,262,818 4,976,638 1,353,596 588,821
12,722,840

1360

JOURNAL OF THE HOUSE

Holocaust Commission

$

Total

$

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

247,895 $
34,830,597 $
$ $ $ $ $ $ $ $ $ $

247,895
33,785,597
2,336,433 1,431,003
175,000 18,000 0 10,000 318,945 170,085 69,400 144,000

Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$
$
State Funds 2,336,433 $
$ $ $ $ $ $ $ $ $ $

2,336,433
2,336,433
Cost of Operations
2,376,433
2,823,699 1,601,926
320,900 40,515
124,741 20,033 12,128
123,852 27,195
1,055,702

MONDAY, FEBRUARY 26, 2001

1361

County Conservation Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

87,000

$

330,000

$

3,743,992

$

2,823,699

Section 32. Student Finance Commission. A. Budget Unit: Student Finance
Commission
State Funds 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

$

35,041,906

$

542,191

$

26,355

$

21,257

$

0

$

6,300

$

20,233

$

50,438

$

13,691

$

46,706

$

0

$

4,669,455

$

27,886,156

$

0

$

68,000

$

337,500

$

60,500

$

40,000

$

739,412

$

0

$

513,712

$

35,041,906

$

35,041,906

Departmental Functional Budgets

1362

JOURNAL OF THE HOUSE

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

Total Funds 34,314,735 $
727,171 $
35,041,906 $

State Funds 34,314,735
727,171
35,041,906

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 Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted
Section 33. Teachers' Retirement System.
State Funds 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

$ 270,279,309

$ 149,901,564

$

32,612,621

$

40,216,466

$

0

$

38,757,070

$

657,426

$

232,330

$

3,496,800

$

1,960,000

$

1,845,032

$

600,000

$ 270,279,309

$ 270,279,309

$

3,270,000

$

8,527,740

$

489,044

$

20,500

$

0

$

15,000

$

1,100,409

$

622,335

$

359,698

$

425,000

$

0

$

3,100,000

MONDAY, FEBRUARY 26, 2001

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
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications 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

Administration

$

Institutional Programs

$

Total

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 8,774,926 $
321,907,767 $
330,682,693 $

1363
170,000 0
14,829,726
3,270,000
254,935,576 6,275,876 413,890 132,000 0 57,741 550,846 392,265 836,328 115,980 6,543,907
211,482,640 61,499,037
6,454,757 19,888,214 3,698,828 12,340,384
330,682,693
254,935,576
State Funds 6,715,138
248,220,438
254,935,576

1364

JOURNAL OF THE HOUSE

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite DishesAdult 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.
State Funds 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

$

12,500,000

$

0

$

0

$

0

$

12,500,000

$

0

$

12,500,000

$

12,500,000

$ 662,512,674

$ 270,837,814

$

63,813,492

$

2,188,931

$

2,000,000

$

10,345,685

$

12,829,146

$

1,335,963

$

4,492,508

$

94,896,742

$ 1,059,184,631

$

7,034,116

$

19,447,713

$

710,855

$

555,666

$ 1,549,673,262 $ 662,512,674

MONDAY, FEBRUARY 26, 2001

Departmental Functional Budgets
Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration
Total
General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities
Total

Total Funds

$ 1,239,840,287 $

$

229,902,266 $

$

19,606,694 $

$

24,472,369 $

$ 1,513,821,616 $

$

191,154 $

$

0$

$

22,753 $

$

3,630,535 $

$

31,296,349 $

$

710,855 $

$

35,851,646 $

Section 36. Department of Veterans Service.

State Funds

$

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

$

1365
State Funds 384,783,921 212,919,211 18,874,694
23,672,369
640,250,195
191,154 0
22,753 3,093,324 18,244,393
710,855
22,262,479
20,247,816 5,468,166
297,803 100,000
0 295,957 27,080 264,941
83,660 14,675,500 8,104,660
0 196,373
436,000
29,950,140

1366

JOURNAL OF THE HOUSE

State Funds Budgeted

$

Departmental Functional Budgets
Veterans Assistance Education and Training Veterans Nursing Home-Augusta
Total

Total Funds

$

21,542,480 $

$

0$

$

8,407,660 $

$

29,950,140 $

Section 37. Workers' Compensation Board.

State Funds

$

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)

$

$

20,247,816
State Funds 15,462,820 0 4,784,996 20,247,816
11,949,645 9,847,042
434,815 140,600
0 9,288 200,320 1,232,524 211,656 133,400
0 12,209,645
11,949,645
501,706,729 50,000,000 551,706,729

MONDAY, FEBRUARY 26, 2001

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New)

$

Motor Fuel Tax Funds (New)

$

$

Section 39.

Provisions Relative to Section 3, Judicial Branch.

1367
78,163,090 0
78,163,090

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 Services.

1368

JOURNAL OF THE HOUSE

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 selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41.

Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

RECIPIENT Pierce County Sumter County
City of Atlanta Lowndes County
City of Dawsonville
City of Hartwell
DeKalb County Convention Center Authority Pulaski County

DESCRIPTION

AMOUNT

Lee Street Resource Center

$ 125,000

Continue restoration effort at the Rylander Theater in Americus

$ 450,000

Martin Luther King, Jr. Boulevard revitalization $ 100,000

Construct Valdosta/Lowndes County Conference Center

$ 1,000,000

Thunder Road/NASCAR Hall of Fame, Dawsonville

$ 150,000

Hartwell Conference Center wastewater treatment facilities

and

necessary

$

1,000,000

Feasibility study for planning and design for

DeKalb County Convention and Visitor's

$ 50,000

Bureau cultural center

Restoration of the Pulaski County Courthouse $ 400,000

MONDAY, FEBRUARY 26, 2001

1369

Cobb County
City of Albany Georgia Mountains
RDC Clayton County
Columbia County Library Trustees Gwinnett County
Wayne County Board of Education
City of Smyrna
Bibb County
Clayton County
City of Albany
Banks County
City of Tifton
Stephens County Board of Education
City of Cairo
City of Augusta
Alcovy Shores Water and Sewerage Authority (Jasper County)
Appling County
Athens-Clarke County

Feasibility study and implementation of the South Cobb redevelopment initiative

$ 1,000,000

Civil Rights Museums in Albany

$ 75,000

Feasibility study for Lake Lanier water quality council

$

32,000

Preservation/renovation of first brick house in historic Jonesboro in Clayton County

$

50,000

Feasibility study for planning and design of the Columbia County library

$

50,000

Train and rehabilitate workers in Gwinnett County

$ 50,000

Purchase additional seating and equipment for

the Wayne County High School Auditorium $ 50,000

Construction and land improvements for Cobb Veterans' Memorial in Smyrna

$

Contract for services with Harriet Tubman Museum in Bibb County

$

Contract for services with Clayton County Greenway Council

$

Conduct a feasibility study on water usage planning for South Georgia at Albany State

$

Construct a multi-purpose agricultural building in Banks County

$

To provide funds for an agricultural facility in Tifton

$

Provide funds for a high school cannery in

Stephens County

$

250,000 150,000 68,000 750,000 200,000 100,000
200,000

Contract with Southwest Georgia Community Foundation for Performing Arts Center in Cairo

$

Contract for services with National Legacy Foundation in Augusta

$

Improvements to Alcovy Shores Public Water

System in Jasper County

$

190,000 150,000
15,000

Improvements to the Long Branch Community Center building in Appling County

$

Contract for services with Northeast Georgia

Health Center for the Patient Cardiovascular $

Disease Prevention Project in East Athens-

5,000 25,000

1370

JOURNAL OF THE HOUSE

Athens-Clarke County Athens-Clarke County Library Trustees Athens-Clarke County Athens-Clarke County Atkinson County
Atkinson County
Atkinson County Board of Education Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County

Clarke County

Contract for services with Food Bank of Northeast Georgia in Athens-Clarke County

$

Purchase van for the Athens Regional Library

System in Athens-Clarke County

$

Contract for services with Athens Child Development, Inc. for emergency child care

$

Upgrade computers and expand services at the Athens Neighborhood Health Center

$

Improvements to jail including safety and security in Atkinson County

$

Purchase/install playground equipment, tractor

and finishing mower for Axson, Willocoochee $

and Pierson Parks in Atkinson County

Repair high school bleachers and fencing at

football field and repair roof at Pearson

$

Elementary and Atkinson County High

Contract for services with the Shiloh

Comprehensive Community Center in

$

Augusta/Richmond County

Contract for services with the Lucy C. Laney Museum in Augusta/Richmond County

$

Contract for services with Beulah Grove Resources in Augusta/Richmond County

$

Contract for services with the CSRA

Transitional Center, Inc. in Augusta/Richmond $

County

Repair and purchase/install new seating for the Imperial Theater in Augusta/Richmond County

$

Landscaping and flowers for

Augusta/Richmond County

$

Contract for services with Belle-Terrace

Community Center for summer programs in

$

Augusta/Richmond County

Technology improvements for East Georgia Easter Seals in Augusta/Richmond County

$

Contract for services with the Neighborhood

Improvement Project, Inc. in Augusta/

$

Richmond County

Contract for services with the Augusta/Richmond Opportunities Center, Inc.

$

25,000 25,000 30,000 20,000 10,000 15,000
20,000
2,500 2,500 2,500 12,500 25,000 25,000
5,000 5,000 10,000 10,000

MONDAY, FEBRUARY 26, 2001

Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Bacon County
Baldwin County
Baldwin County
Baldwin County

Contract for services with Good Hope Social

Services summer school program in Augusta/ $

Richmond County

Improvements to a recreation facility and adjacent facilities in Augusta/Richmond County

$

Contract for services with Augusta Arsenal and Carriage Works Museum

$

Purchase band equipment for Richmond

Academy High School

$

Improvements to baseball field fence and

dugout for girls softball team at Westside Comprehensive High School in

$

Augusta/Richmond County

Purchase equipment for Terrace Manor

Elementary School in Augusta/Richmond County

$

Purchase equipment for Wilkinson Gardens

Elementary School in Augusta/Richmond County

$

Purchase equipment and furnishings for the

technical program at Glenn Hills High School in Augusta/Richmond County

$

Purchase technology improvements for Tutt Middle School in Augusta/Richmond County $

Purchase athletic equipment and uniforms for

the Glenn Hills High School in Augusta/ Richmond County

$

Purchase equipment for Bacon County Extension Service

$

Safety improvements to a county road in Baldwin County

$

Pave a parking lot at Walter B. Williams, Jr. Park in Baldwin County

$

Purchase equipment for East Baldwin Fire Station

$

1371 20,000 45,000 40,000 5,000
15,000
7,500
2,500
7,500
20,000
10,000 3,000 10,000 40,000 15,000

1372
Baldwin County Baldwin County
Board of Education Banks County Ben Hill County Ben Hill County Ben Hill County Berrien County Berrien County Berrien County Bibb County Bibb County Bibb County
Bibb County Bibb County Bibb County
Bleckley County Board of Education Bleckley County Bleckley County Brantley County Brantley County

JOURNAL OF THE HOUSE

Develop a countywide prioritized transportation plan in Baldwin County

$

Installation of lighting project including

scoreboard control cables for high school

$

baseball field in Baldwin County

Upgrade computers for foster homes' programs in Banks County

$

Construct a new facility for the Fire Station #5 in Ben Hill County

$

Purchase/install lighting for new ballfield in Ben Hill County

$

Contract for services for monitoring Enrichment Program in Ben Hill County

$

Purchase/install road identification traffic signs in Berrien County

$

Purchase life saving emergency equipment for the West Berrien Volunteer Fire Department

$

Purchase fire fighting emergency equipment in Berrien County

$

Planting and beautification of southern gateway in Bibb County

$

Operation and staff development of the Douglas Theater in Bibb County

$

Contract for services and purchase medical

assistance for indigent HIV patients at Bibb

$

County Health Clinic

Contract for services with the Hope initiative in Bibb County

$

Contract for services with Disabilities Connections in Bibb County

$

Purchase/install lighting for soccer field for

Middle Georgia Soccer Association, Inc. in $

Bibb County

Purchase/install lighting for Bleckley County

Schools

$

Purchase technology equipment for Bleckley County public safety

$

Bleckley County Fire Department

$

Operating expenses for Department of Intergovernmental Relations in Brantley County

$

Purchase equipment for Brantley County volunteer fire departments

$

10,000 25,000
2,000 5,000 10,000 20,000 5,000 10,000 10,000 30,000 10,000 15,000
20,000 20,000 25,000
10,000
10,000 10,000 10,000 5,000

Brooks County
Bryan County
Bryan County
Bryan County
Bryan County Board of Education
Bryan County Board of Education
Bulloch County
Bulloch County
Bulloch County
Burke County Board of Education
Burke County Board of Education
Butts County
Calhoun County Board of Education
Candler County Board of Education
Carroll County Board of Education
Carroll County Board of Education

MONDAY, FEBRUARY 26, 2001

Purchase firefighting equipment for the Talloakes Road Volunteer Fire Department

$

Renovate pier and bathroom facilities and

purchase/install picnic tables at the Tivoli River $

recreation area in Bryan County

Renovate Pembroke Senior Citizen's Center in Bryan County

$

Purchase emergency fire equipment for Bryan County Fire Department

$

Purchase playground equipment for Bryan

County Elementary

$

Purchase/install stand for the Bryan County

High School Football field

$

Improvements to picnic pavilion in Brooklet

Park for the Statesboro/Bulloch County

$

Recreation Department

Renovate and rewire Brooklet Elementary School in Bullock County

$

Remodel and renovate livestock center in Bulloch County

$

Transportation costs and training fees for

distance learning classes in Burke County

$

Purchase a computerized reading program

(Waterford Program) for primary schools in

$

Burke County

Construct and operate animal shelter in Butts County

$

Purchase athletic equipment for Calhoun

County schools

$

Purchase furniture for a new high school in the

City of Metter, Candler County

$

Upgrade athletic facilities at Central High

School in Carroll County

$

Improvements to Temple High School Athletic

facilities in Carroll County

$

1373 3,000 3,000 5,000 5,000 10,000 10,000 10,000 25,000 50,000 15,000 50,000 15,000 10,000 20,000 15,000 15,000

1374

JOURNAL OF THE HOUSE

Charlton County Board of Education Charlton County
Chatham County
Chatham County
Chattahoochee County Chattahoochee Board of Education Chattooga County
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Clayton County
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education

Purchase playground equipment for Folkston

Elementary School in Charlton County

$

Purchase equipment for Charlton County volunteer fire departments

$

Contract for services with Senior Citizens, Inc. in Chatham County

$

Contract for services from Savannah/Chatham

Humane Society requiring repairs, renovation $

and new cages

Drill groundwater well and replace pump in Chattahoochee County

$

Renovate classrooms for in Chattahoochee

County schools

$

Purchase automatic defibrillators for the Chattooga County Mutual Aid Association

$

Contract for services from the Rainbow House,

Inc.requiring facility improvements in Clayton $

County

Landscaping for the Clayton County Department of Transportation

$

Purchase new furniture and laptop computer for

the Clayton County Aging Program Advisory $

Board

Contract for services with the Calvary Refuge

Center shelter for the homeless in Clayton

$

County

Restore the Old Mundy Mill in Clayton County $

Contract for services with Clayton Clean and Beautiful program for educational information

$

Repair/renovate P.E. Athletic Field and

purchase uniforms and athletic equipment for $

Lovejoy Middle School in Clayton County

Improvements to the marching band practice

field at Lovejoy High School in Clayton County $

Construct an outdoor pavilion at Lee Street

Elementary in Clayton County

$

25,000 5,000 15,000 5,000 40,000 30,000 10,000 50,000 10,000 10,000
50,000 5,000
15,000 2,500
3,000
10,000

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 Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education

MONDAY, FEBRUARY 26, 2001

1375

Purchase projection device for the M.D.

Roberts Middle School technology addition in $

Clayton County

Complete student services for M.D. Roberts

Middle School in Clayton County

$

Purchase audio/visual equipment for computer

technology instruction at Jonesboro Middle

$

School in Clayton County

Purchase books for the Jonesboro Middle

School library in Clayton County

$

Purchase playground equipment for Northcutt

Elementary School in Clayton County

$

Purchase equipment for the athletic, fine arts

and band programs at North Clayton Middle $

School in Clayton County

Purchase equipment for fine arts and band

programs at North Clayton High School in

$

Clayton County

Purchase equipment for the athletic program at

North Clayton High School in Clayton County $

Athletic program, fine arts and band programs at Riverdale Middle School in Clayton County $

Purchase playground equipment at Riverdale

Elementary School in Clayton County

$

Purchase equipment for the athletic, fine arts

and band programs at Riverdale High School in $

Clayton County

Purchase equipment for the athletic program at

Riverdale High School in Clayton County

$

Purchase playground equipment for West Clayton Elementary School in Clayton County $

Purchase playground equipment for Pointe

South Elementary in Clayton County

$

4,800 8,000 2,500 4,800 5,000 10,000 10,000 10,000 5,000 5,000 10,000 10,000 5,000 9,000

1376
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 Clinch County Cobb 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 Board of Education

JOURNAL OF THE HOUSE

Purchase equipment and security monitors for Pointe South Middle School in Clayton County $

Purchase playground and outdoor fitness equipment for the new Hawthorne Elementary $ School in Clayton County Purchase playground equipment for E. W. Oliver Elementary School in Clayton County $

Complete a walking track for the students at Brown Elementary School in Clayton County $

Purchase playground equipment for Church Street Elementary School in Clayton County $

Improvements to Clinch County recreation park $

Repair and renovate South Cobb Community Center

$

Purchase van for Cobb/Douglas Regional Board and Service Board in Cobb County

$

Expand Pebblebrook High School football

stadium in Cobb County

$

King Springs Elementary School Language

Development Program in Cobb County

$

Purchase/install educational class sound system

at Nickajack Elementary School in Cobb

$

County

Purchase/install technology connections,

wiring, security systems at Powers Ferry

$

Elementary School in Cobb County

Improvements to the Campbell High School

storage restroom facility in Cobb County

$

Purchase/install 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

10,000 7,500 5,000 2,500 5,000 15,000 30,000 10,000 30,000 5,000 5,000 25,000 25,000 15,000 40,000

MONDAY, FEBRUARY 26, 2001

1377

Cobb County Board of Education Cobb County Board of Education Colquitt County
Columbia County
Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbus/Muscogee County Columbus/Muscogee County

Environmental class improvements for Addison

Elementary School in Cobb County

$

Upgrade lab and equipment for Cobb County

Schools

$

Construct a building and purchase equipment

for the Crossland Fire Department in Colquitt $

County

Beautify five entrances of Harlem with trees and shrubs in Columbia County

$

Purchase classroom computers for Stevens

Creek Elementary in Columbia County

$

Purchase classroom computers for Blue Ridge

Elementary in Columbia County

$

Create a nature learning trail for Martinez

Elementary in Columbia County

$

Athletic improvements at Lakeside High

School in Columbia County

$

Purchase classroom computers for Riverside

Elementary School in Columbia County

$

Purchase/install lighting for softball fields at

Harlem, Lakeside, and Greenbrier High Schools $

in Columbia County

Improve landscaping and install an irrigation

system at Evans Elementary School in

$

Columbia County

Refurbish football stadium and field houses at

Evans Middle School in Columbia County

$

Improvements to band room at Evans High in

Columbia County

$

Health Center in South Columbus

$

Contract for services with the Urban League of Greater Columbus for "Youth Alive 2000"

$

5,000 14,000 10,000 6,000 5,000
5,000 5,000 25,000 5,000 30,000 4,000 10,000 25,000 25,000 25,000

1378

JOURNAL OF THE HOUSE

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
Cook County
Crawford County
Crawford County Board of Education Crawford County Board of Education Crisp County
Dawson Downtown Development Authority

Renovation, maintenance and operation of

Memorial Stadium for the Adahalia Mack Park $

Community Center

Play and Learn Together program for Columbus Extension Service

$

Contract for services with Outreach Programs at Boys and Girls Clubs of Columbus, Inc.

$

Contract for services with Two Thousand

Opportunities, Inc. in Columbus/Muscogee

$

County

Contract for services with Project Rebound/

Family Institute in Columbus/Muscogee

$

County

Contract for services with the Easter Seals of

West Georgia, Inc. day care center in

$

Columbus/Muscogee County

Match challenge grants for the Human

Experience Theater in Columbus/Muscogee

$

County

Columbus Community Center Outreach tutoring and outreach programs

$

Contract for services with Metropolitan Columbus Task Force for the Homeless

$

Purchase a shelter facility for the Children's

Emergency Shelter and Assessment Center in $

Columbus

Contract for services with the Combined

Communities of Southeast Columbus for a

$

summer tutorial program

Purchase fire fighter emergency equipment in Cook County

$

Purchase equipment and operation of the Crawford County Chamber of Commerce

$

Construct a covered pavilion at Crawford County High School

$

Expansion and improvements to athletic facilities for Crawford County High School

$

Operating and maintenance funds for Crisp Area Art Alliance

$

Creation of park area for Main Street for the

Dawson Downtown Development Authority $

50,000 25,000 120,000 50,000
25,000
40,000
25,000 20,000 25,000 100,000
20,000 15,000 20,000 20,000 35,000 20,000 30,000

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 DeKalb County DeKalb County

MONDAY, FEBRUARY 26, 2001

1379

Renovations at the Art Station Inc. in DeKalb County

$

Renovate/repair entrances, beautification and

maintenance of community common areas and $

landscaping in DeKalb County

Contract for services with Art Station, Inc. after

school and summer programs in DeKalb

$

County

Purchase music education and workshops for

the South DeKalbYouth Choir in DeKalb

$

County

Contract for services Mr. Kenyada's

Neighborhood, Inc. for computer literacy

$

programs in DeKalb County

Contract for services with Black Women

Coalition of Atlanta for tutorial program and $

scholarships in DeKalb County

Improvements and purchase equipment for the Central DeKalbYouth Football program

$

Construct additional fields for Central DeKalb Sports Association

$

Purchase van, insurance and maintenance for

Scottdale Child Development and Family

$

Resource Center, Inc. DeKalb County

Contract for services Iam, Inc. for tutorial

program and leadership academy in DeKalb

$

County

Purchase signs for the Belvedere Little League

Program located on Glenwood Road in DeKalb $

County

SLAM (Students Learning and Advancing in Math) Plus Reading program in DeKalb County

$

Expand and renovate Exchange Park for the

Glenwood Hills Youth Association in DeKalb $

County

Redan High Touchdown Club for athletic field house

$

Contract for services with DeKalb Clean and Beautiful projects

$

Maintenance of Lithonia Women's Club in DeKalb County

$

30,000 28,000 25,000 10,000 7,500 10,000 25,000 25,000 40,000 15,000 7,500 5,000 50,000 1,000 19,000
5,000

1380

JOURNAL OF THE HOUSE

DeKalb County
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 Board of Education
DeKalb County Board of Education
DeKalb County Board of Education DeKalb County Board of Education
DeKalb County Board of Education Dodge County
Dodge County

Contract for services for athletic activities for Browns Mill Park in DeKalb County

$

Development of Wonderland Gardens in South DeKalb County

$

Construct picnic pavilion and repave main

service drive at the Gresham Park Baseball and $

Youth Football fields in DeKalb County

Contract for services with Clarkston Community Center in DeKalb County

$

Construct a facility for Senior Connections in DeKalb County

$

Purchase/implement youth programs and services in DeKalb

$

Contract for services with Push Push Theater in DeKalb County

$

Contract for services Green Forest Community

Development Corp. for after school and

$

computer literacy programs in DeKalb County

Purchase equipment, uniforms and supplies for Lithonia High School in DeKalb County

$

Implementation of brain-based layered

curriculum at Shamrock Middle School in

$

DeKalb County

Purchase materials and equipment, construct an

indoor habitat and fund field trips for Cedar

$

Grove Middle School in DeKalb County

Purchase/install school sign at the Hooper-

Alexander Elementary School in DeKalb

$

County

Programs complimenting elementary school PTA activities in DeKalb County

$

Contract for services for an accelerated reading

program at Forest Hills Elementary School in $

DeKalb County

Purchase band uniforms and instruments for each DeKalb County High School

$

Repair Dodge County courthouse and purchase computers

$

Contract for services with the Dodge County Recreation Commission

$

20,000 25,000 30,000 20,000 60,000 20,000 40,000 21,000 5,000 10,000
10,000
6,000 9,000 8,000 18,000 55,000 10,000

MONDAY, FEBRUARY 26, 2001

1381

Dougherty County
Dougherty County
Dougherty County
Douglas County
Douglas County Board of Education
Echols County
Effingham County
Effingham County
Effingham County Board of Education Elbert County
Elbert County Board of Education Elbert County Board of Education Emanuel County
Emanuel County Library Trustees Emanuel County
Emanuel County
Fannin County
Fannin County
Floyd County

Construct a memorial to Confederate soldiers

including landscaping of a one acre park in

$

Dougherty County

Contract for services with River Rd Inc., d/b/a

SAFEC-South Albany Family Enrichment

$

Collaborative in Dougherty County

Contract for services with the Dougherty County Community Coalition

$

Improvements to the emergency 911 dispatch system in Douglas County

$

Purchase/install integrated information systems

technology lab at Alexander High School in

$

Douglas County

Construct a building for Echols County Volunteer Fire Department

$

Purchase Jaws of Life and additional fire-

fighting equipment for Faulkville Volunteer

$

Fire Department in Effingham County

Construct a pavilion at the Meldrim Community Park in Effingham County

$

Purchase playground equipment for Springfield Central Elementary in Effingham County

$

Purchase building and equipment for the Petersburg Fire Department in Elbert County

$

Purchase equipment for Elbert County High Band

$

Purchase playground equipment for Bowman Elementary School in Elbert County

$

Renovate and purchase equipment for the Emanuel County volunteer fire departments

$

Purchase equipment for Emanuel County Library

$

Downtown development including repair/ renovation to county park in Emanuel County

$

Planning and repairs for Emanuel County Airport

$

Renovations/repairs to Fannin County courthouse

$

Renovations/repairs to the Epworth Community Club in Fannin County

$

Contract for services with Rome/Floyd Recreation Authority

$

25,000
10,000 25,000 40,000 5,000 50,000 5,000 5,000 10,000 15,000 3,500 2,500 15,000 10,000 50,000 10,000 25,000 35,000 10,000

1382

JOURNAL OF THE HOUSE

Floyd County Board of Education Franklin County Franklin County Board of Education Fulton County Fulton County
Fulton County Fulton County Fulton County
Fulton County Fulton County Fulton County
Fulton County
Fulton County Fulton County Board of Education
Fulton County Board of Education Fulton County Board of Education

Purchase equipment for technology programs

for Coosa High School Technology Education $

Center in Floyd County

Gum Log Fire Department in Franklin County $

Complete interior and furnish new Agriculture

Center at the Franklin County High School Ag $

Department

Contract for services with Holistic Stress Control, Inc. in Fulton County

$

Implement/improve Senior Citizens Services of

Metropolitan Atlanta Adult Day Care Center in $

Fulton County

Implement/improve programs and services at the Dogwood Senior Center in Fulton County

$

Inter-generational Resources Center in Fulton County

$

Improvements to a multipurpose facility for

Harriett G. Darnell, Senior Center in Fulton

$

County

Fulton County Sheriff's Department for a jobs programs

$

Contract for services with the Concerned Citizens of Atlanta, Inc. in Fulton County

$

Purchase equipment for the Georgia

Association of Homes and Services for Children for Information Management Systems

$

in Fulton County

Contract for services with the Old National

Merchants Association/ WrapAround Collaborative for an after school program in

$

Fulton County

Contract for services with Straight Talk Counseling Services, Inc. in Fulton County

$

Purchase technology and equipment for

Spalding, Woodland, Roberts Road, Heards Ferry, and High Point Elementary Schools in

$

Fulton County

Contract for services with the "Georgia Garden

of Opportunity" outdoor classroom at Webb $

Bridge Middle School in Fulton County

Construction and purchase supplies for the

"Science Fair Project" classroom at Medlock $

Bridge Elementary School

30,000 5,000
20,000 25,000 20,000 20,000 30,000 100,000 25,000 30,000 25,000
50,000 15,000 50,000
10,000 40,000

MONDAY, FEBRUARY 26, 2001

1383

Georgia Mountains RDC
Gilmer County
Glascock County
Glynn County
Glynn County
Glynn County
Gordon County
Grady County
City of Union Point Greene County Gwinnett County
Gwinnett County
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Hancock County
Hancock County
Hancock County Board of Education

Contract for services with the Elachee Nature Science Center for the Georgia Mountains RDC

$

Renovate Civic Center/ambulance service quarters in Gilmer County

$

Renovate courthouse annex and purchase fire equipment for Glascock County

$

Construct a county owned basketball court in Glynn County

$

Purchase/install lights for the North Glynn Recreation Park Ballfield

$

Purchase/install playground equipment at Massengale Park in Glynn County

$

Purchase playground equipment and repairs at Salacoa Park in Gordon County

$

Purchase/install computer systems for the

Grady County "All" Volunteer Fire Department $

in each fire station

Purchase of portable speed control monitor

$

Renovate Historic Greene County Jail

$

Purchase equipment for Creative Enterprises, Inc. in Gwinnett County

$

Restore the Lawrenceville-Gwinnett Historical Cemetery

$

Purchase educational material and gym

enhancements for Rockbridge Elementary

$

School in Gwinnett County

Improvements for athletic facilities at Shiloh High School in Gwinnett County

$

Improvements to the Duluth Youth Softball field at Duluth High School in Gwinnett County

$

Renovate stadium at Central Gwinnett High School

$

Purchase communications and electronic

equipment for Nesbit Elementary School in

$

Gwinnnett County

Contract for services with Meadowcreek High School in Gwinnett County

$

Purchase turn-out gear and equipment for Hancock County Volunteer Fire Department

$

Purchase uniforms, tools, and equipment for the Hancock Emergency Management Agency

$

Expand Summer Science Camp and Band Program in Hancock County

$

25,000 25,000 10,000 10,000 25,000 20,000 25,000
10,000 10,000 40,000 50,000 25,000
20,000
50,000 100,000 50,000
20,000
20,000 5,000 5,000 10,000

1384

JOURNAL OF THE HOUSE

Haralson County Haralson County Hart County Board of Education Heard County
Development Authority
Henry County
Henry County Board of Education Henry County Board of Education
Houston County Board of Education
Houston County Board of Education Houston County Library Board
Irwin County
Irwin County
Jackson County
Jasper County Board of Education Jasper County
Jeff Davis County Board of Education Jeff Davis County
Jeff Davis County Development Authority Jeff Davis County

Haralson recreation department

$

Renovate Haralson County Courthouse

$

Renovate stadium at Hart County High School $

Develop master plan for the Heard County

River Commission for a passive recreational greenway system along the Chattahoochee

$

River

Provide maintenance for the Flint Circuit Council on Family Violence in Henry County

$

Purchase equipment for Stockbridge Middle School Technology Team in Henry County

$

Purchase/install lighting for the girl's softball

field at Stockbridge High School in Henry

$

County

Establishment of "Seamless" Education

program with Houston County Board of Education, Macon State College and Middle

$

Georgia Tech

Lighting and improvements to Perry High School football field in Houston County

$

Repair/replace roof and other improvements at

Perry Library and Centerville Library in

$

Houston County

Renovation and lighting for the Irwin County girl's softball field

$

Purchase equipment and start-up for the new Pleasure Lake Fire Department in Irwin County

$

Standardize and replace 10 SCBA's for the North Jackson Fire Department

$

Purchase band/music program uniforms at Jasper County schools

$

Improvements to athletic field/community amphitheater in Jasper County

$

Improvements to the Jeff Davis High School Tennis Court

$

Provide for after school program specializing in the arts for Jeff Davis Arts Council

$

Completion of structural study of historic

residence for use as tourism complex for the $

Jeff Davis County Development Authority

Public Safety Park for the Jeff Davis County EMS

$

15,000 50,000 15,000
25,000
10,000 10,000 10,000
50,000
100,000 95,000 10,000
5,000 10,000 10,000 20,000 25,000 10,000 5,000 5,000

MONDAY, FEBRUARY 26, 2001

Jefferson County
Jenkins County Johnson County Jones County Jones County
Library Trustees Jones County Jones County
Lamar County Board of Education
Lamar County Lanier County
Board of Education Laurens County Laurens County
Liberty County
Liberty County Lincoln County Lincoln County Lincoln County Lincoln County
Long County

Remodel building for Chamber of Commerce

and Economic Development office in Jefferson $

County

Purchase equipment for the Jenkins County Hospital

$

Equip and renovate the Johnson County volunteer fire department

$

Study and plan for sewerage system improvements in Jones County

$

Purchase materials and labor for restoration and repair of the Jones County Public Library

$

Purchase van for the 4-H Club Program in Jones County

$

Develop a feasibility study and comprehensive

plan for sewer system improvements in Gray $

and Jones County

Construct athletic field for Lamar County Middle School

$

Plan and construct an Agricultural Exposition Building in Lamar County

$

Improvements to Lanier County computer lab $

Contract for services with the Stepping Stone, Inc. Child Advocacy Center in Laurens County

$

Improve and purchase property for the Dublin-

Laurens County Recreation Authority for

$

Springdale Park

Construct an outdoor classroom and restroom at

the LeConte - Woodmanston Foundation, Inc. $

Plantation

Construct and equip swimming pool for the Liberty County Recreation Department

$

Repairs to Lincolnton Clubhouse

$

Construct a group pavilion at Lincoln County Historical Park

$

Purchase cardiac monitors for EMS in Lincoln County

$

Contract for services with the Midway

volunteer fire department building in Lincoln $

County

Modify courthouse to increase records storage

space in Long County, and to complete other $

courthouse renovation projects

1385
25,000 20,000 11,000 15,000 8,000 28,000 25,000 15,000 50,000 15,000 20,000 25,000
25,000 20,000
5,000 5,000 10,000 10,000
20,000

1386

JOURNAL OF THE HOUSE

Lowndes County
Lumpkin County
Marion County
McDuffie County Board of Education Miller County Mitchell County
Monroe County
Montgomery County
Murray County
Newton County
Newton County Board of Education Newton County Oglethorpe County
Peach County Board of Education
Pierce County
Pierce County
Polk County
Pulaski County Board of Education
Quitman County
Randolph County Board of Education

Contract for services from Boy's and Girl's

Club of Valdosta, Inc. for an after school

$

learning lab

Purchase computer equipment for Lumpkin County Emergency Services

$

Recreation improvements and expansions in Marion County

$

Planning funds for McDuffie County Environmental Education Center

$

Renovate Miller County Extension Building $

Purchase equipment for seven Mitchell County volunteer fire departments

$

Improvements to Monroe County courthouse electrical systems

$

Renovate a county-owned recreation

department softball field in Montgomery

$

County

Purchase furniture, equipment, and transportation for Murray County Senior Center

$

Develop a park located in Covington in Newton County

$

Outdoor centers, counseling project, and DARE program in Newton County

$

Covington Senior Center in Newton County

$

Renovate the Crawford Clubhouse at the Oglethorpe County Recreation Department

$

Replace current heating and air-conditioning

system in the Spruce Street School Complex in $

Peach County

Promote membership, economic development and tourism in Pierce County

$

Completion of Lakeview Community Center in Pierce County

$

Purchase equipment and training for Polk County Fire Departments

$

Purchase uniforms and equipment for

Hawkinsville High School Band in Pulaski

$

County

Prepare site for Welcome Center in Quitman County

$

Carpet and floor replacement in flooded areas at Randolph County Elementary

$

15,000
25,000 15,000 10,000 25,000 14,000 15,000
10,000
40,000 10,000 25,000 25,000 20,000
35,000
2,000 15,000 30,000
40,000
25,000 35,000

MONDAY, FEBRUARY 26, 2001

1387

Richmond County
Richmond County
Richmond County
Richmond County Rockdale County Screven County Seminole County
Board of Education Stephens County Stephens County Stewart County Board of Education Stewart County Sumter County Talbot County Library Trustees Taliaferro County Board of Education Tattnall County
Tattnall County Board of Education Taylor County Telfair County Board of Education

Food for the poor by Harrisburg West End

Neighborhood Association, Inc. in Richmond $

County

Restoration of the Boyhood home of President

Woodrow Wilson and the Boyhood home of U.S. Supreme Court Justice Joseph Rucker Lamar by

$

Historic Augusta, Inc.

Continue hazardous materials investigation of

illegal dumping with the Marshal's Department $

in Richmond County

Promote collection and management efforts of the Augusta/Richmond County Museum

$

Renovate and repair the Olde Town Conyers Arts Center

$

Furnish additional jail beds for the Screven County Sheriff's Department

$

Construct and furnish weight room and field

house for Seminole County High School and $

Middle School

Contract for services with the Civil Defense ATV in Stephens County

$

Contract for services with Stephens County Volunteer Fire Departments

$

Purchase uniforms, instruments, and equipment for the Stewart County School for the Arts

$

Purchase a rescue truck and equipment for the Stewart County EMS

$

Purchase firefighting and related equipment for the Lake Blackshear Volunteer Fire Department

$

Train school-age to college youths in basic computer skills in Talbot County

$

Funds for land clearing/facilities for new Taliaferro County school

$

Contract for services with the East Collins

Community Center for an after school program $

in Tattnall County

Expand/improve the canning plant at Tattnall County High School

$

Purchase and install tornado warning sirens in Taylor County

$

Telfair County athletic program

$

25,000
25,000
30,000 25,000 15,000 25,000 25,000
7,000 25,000 15,000 20,000 50,000 15,000 10,000 10,000 25,000 25,000 20,000

1388

JOURNAL OF THE HOUSE

Telfair County Thomas County Thomas County
Tift County Tift County Toccoa/Stephens County Airport Authority Town of Mitchell Towns County Towns County Troup County
Twiggs County Union County Upson County Walker County Board of Education Walker County Walton County Board of Education Ware County Ware County Ware County

Contract for services with the Telfair County Development Authority

$

Renovation and repairs to the Thomas County courthouse clock and tower

$

Purchase/install an acoustical ceiling and

purchase furniture and equipment at the Marguerite Neel Williams Boys and Girls Club of

$

Thomas County

Development of teen court program at the Tift County YMCA

$

Contract for services with the Red Cross in Tift County

$

Planning of an airport terminal in Toccoa/

Stephens County

$

Renovate and upgrade downtown sidewalk in the Town of Mitchell

$

Construction and purchase equipment for the new Towns County Jail

$

Purchase fire vehicle for Towns County

$

Purchase fixtures, furniture and equipment for

the W. J. Griggs recreation center in Troup

$

County

Renovate courthouse in Twiggs County

$

Purchase a Fire and Rescue A.T.V. vehicle in Union County

$

Improvements to the recreation facility in Upson County

$

Purchase equipment for LaFayette High School in Walker County

$

Preservation projects for Walker County Historic

$

Purchase uniforms and equipment for the

Monroe Area Comprehensive High School

$

Band in Walton County

Improvements at the Ware County Recreation Department

$

Joint Tourism Program for Ware and Pierce Counties

$

Drain tile installation at Pierce County

Industrial Park and site preparation for Ware $

County Industrial Park

25,000 10,000
30,000
5,000 10,000 25,000 10,000 50,000 15,000 20,000 19,000 10,000 25,000 5,000 7,500 13,000 25,000 10,000 25,000

MONDAY, FEBRUARY 26, 2001

1389

Ware County Board of Education Warren County Wayne County Wheeler County White County White County Wilcox County
City of Abbeville City of Acworth City of Acworth City of Adairsville City of Adel City of Ailey City of Albany City of Albany City of Albany
City of Allentown City of Alma City of Ambrose City of Aragon

Mobile classroom unit for Ware County Magnet

School and acoustical improvements at Ware $

County High Gym

Purchase furniture/fixtures for new Warren County Courthouse

$

Renovate Wayne County recreation and voting precinct building

$

Upgrade equipment for the Recreation Department of Wheeler County

$

Purchase equipment for Evening Star Music Series in White County

$

Purchase equipment for Station 5 Shoal Creek in White County

$

Construction of volunteer fire department for

the Cedar Creek Fire Department in Wilcox

$

County

Completion of construction of Abbeville Fire Department Building

$

Purchase playground equipment for Cauble Park in the City of Acworth

$

Improvements/repairs to the Mustang Baseball Field in the City of Acworth

$

Renovate the fire hall in the City of Adairsville $

Construction of Union Rd Veterans Park in the City of Adel

$

Renovate the historic Ailey Rosenwald School $

Provide transportation for the Slater King Adult Rehab Day Center in the City of Albany

$

Contract for services with the Lamb Shelter Day Care Center, Inc. in Albany

$

Provide after school hour studies for the East

Albany area through the Greater Mt. Olive

$

Outreach Center, Inc.

Purchase a hitch tractor and lawn equipment for the City of Allentown

$

Purchase/install lighting for Linear Park in the City of Alma

$

Purchase of lighting, playground equipment and softball field/tennis court improvements

$

Recreational and parks improvements for the City of Aragon

$

50,000
15,000 25,000 10,000 5,000 5,000
5,000
5,000 10,000 10,000 40,000 5,000 15,000 30,000 20,000
20,000
20,000 10,000 5,000 20,000

1390

JOURNAL OF THE HOUSE

City of Ashburn 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 Baldwin City of Baldwin City of Barnesville City of Baxley Appling County City of Blackshear City of
Bloomingdale City of Bowdon

Renovation and improvements to Old City recreation department park area in Ashburn

$

Contract for services with for Paradise After School Program in the City of Atlanta

$

Support a Southwest YMCA program in the City of Atlanta

$

Washington Park Ballfield Improvements in Atlanta

$

Enhance public safety for Martin Luther King,

Jr. Community Development in the City of

$

Atlanta

Provide housing residential improvement and

economic development for Pittsburgh Community Improvement Association in the

$

City of Atlanta

Contract for services with the Sickle Cell Foundation of Georgia in Atlanta

$

Contract for services with the Simpson Road House of Hope in the City of Atlanta

$

Kennedy Middle School After School Tutorial Program in Atlanta

$

Pilot program for the Awareness of Prevention

of Substance Abuse for the Fulton Atlanta

$

Community Action Authority, Inc. in Atlanta

Purchase turn-out gear and fire fighting equipment in the City of Baldwin

$

Purchase duty weapons and gear for the Baldwin Police Department

$

Repairs and improvements to City of Barnesville Fire Department

$

Rebuild and upgrade the picnic pavilion at Ernest J. Parker park in Baxley

$

Purchase breathing equipment for each fire department in the Appling County

$

Purchase/install lighting and other improvements in Blackshear City Park

$

Purchase emergency equipment and a used fire pumper truck for the City of Bloomingdale

$

Construct/improvements to a multi-purpose

recreation facility, auditorium and gymnasium $

in City of Bowdon

15,000 15,000 25,000 10,000 50,000
50,000
100,000 40,000 60,000 10,000 10,000 7,000 10,000 5,000 10,000 10,000 50,000 60,000

MONDAY, FEBRUARY 26, 2001

1391

City of Bremen Board of Education City of Buchanan City of Byron
City of Camilla
City of Canon
City of Carrollton Board of Education City of Cartersville
City of Cave Springs
City of Cedartown
City of Chickamauga
City of Claxton
City of Cleveland
City of Cochran
City of Cochran City of Coleman
City of Colquitt
City of Commerce Board of Education City of Concord
City of Conyers
City of Culloden
City of Dalton

Purchase band equipment for the Sewell Middle School in the City of Bremen

$

Buchanan recreation department

$

Renovate Gymnasium and Auditorium at Old Byron High School

$

Restoration of CSX train depot in Camilla for use as Welcome/Tourist Center

$

Improvements to the City of Canon public works water system

$

Upgrading athletic facilities for boys and girls in the City of Carrollton

$

Improvements to the firing range at the Cartersville Police Department

$

Repair/replace roof for the city building and

purchase fire equipment for the City of Cave $

Springs

Recreational improvements for the City of

Cedartown at Northwest Field and Little

$

League

Purchase filtration equipment for City of Chickamauga water treatment plant

$

Purchase equipment for Claxton Police Department

$

Extend the County Sewer Line to a new school in the City of Cleveland

$

Recreation facility planning and renovation in the City of Cochran

$

Develop a master plan for the Cochran Airport $

Replace/repair termite infestation damage at Coleman City Hall

$

Construct a new baseball/softball facility on Milford Road in Colquitt

$

Replace cabinets and purchase lab equipment for Commerce High School

$

Upgrade the City of Concord municipal water system

$

Construct a Field of Dreams for the Miracle League Located in the City of Conyers

$

Purchase fire truck and equipment for the City of Culloden

$

Establishment of official visitors center through the Dalton Convention and Visitors Bureau

$

32,000 15,000 25,000 25,000 25,000 15,000 5,000
45,000
30,000
25,000 40,000 10,000 15,000 10,000 5,000 5,000 15,000 25,000 75,000 15,000 2,500

1392

JOURNAL OF THE HOUSE

City of Darien City of Dawson
Library Trustees City of Decatur City of Denton Towns County Towns County White County City of Doerun City of Douglas Dublin City Schools City of Dudley City of East Ellijay City of East Point City of East Dublin City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Folkston City of Folkston

Purchase sewer vacuum truck for the City of Darien

$

Restore Carnegie Library in the City of Dawson $

Contract for services with Young Life South DeKalb mentoring program

$

Purchase/install lights for the recreational center in the City of Denton

$

Contract for services with Towns County Veterans Park

$

Repair tennis court at Towns County Recreation Department

$

Contract for services with the Law Enforcement Youth Academy

$

Renovate building for use as a community center in the City of Doerun

$

Construction of Historic Bell Tower, Eastside Park and Roundtree Park in the City of Douglas

$

Purchase computers and equipment for Dublin City Schools

$

Purchase equipment for Dudley Volunteer Fire Department

$

Renovation and repairs to City Hall in East Ellijay

$

Start Up and Operations of Atlanta Fulton Council on Youth

$

Improvements to the water and sewer system in East Dublin

$

Development and construction/improvement for

the Historic Madison Avenue School Project in $

the City of Eatonton

Recreation and parks improvements for the City of Euharlee

$

Purchase and install steam serving table in the City of Fargo

$

Restore the historic Hollingsworth House in the City of Fayetteville

$

Purchase/install promotional signs for the City of Folkston

$

Improvements to the electrical system and air-

conditioning system at the historic Mizell

$

House in Folkston

25,000 40,000 15,000 10,000 12,500 7,500 5,000 20,000 15,000 5,000 25,000 15,000 50,000 15,000
40,000
30,000 15,000 10,000 5,000
20,000

MONDAY, FEBRUARY 26, 2001

1393

City of Folkston
City of Fort Valley
City of Franklin Springs City of Ft. Oglethorpe City of Gainesville
City of Gillsville
City of Guyton
City of Hahira City of Harrison
City of Hazelhurst
City of Helen
City of Hinesville City of Hoboken
City of Homeland
City of Jenkinsburg City of Jesup
City of Kingsland
City of Kingston
City of Kite
City of LaFayette
City of LaFayette
City of LaFayette

Planning and design of Okefenokee Research Center in City of Folkston

$

Improvements to Boys and Girls Club of Peach County facility in the City of Fort Valley

$

Purchase/install public works lift station for sewer system in the City of Franklin Springs

$

Improve sidewalk and road improvements and Calvary museum in City of Ft. Oglethorpe

$

Contract for services with Friends of the Parks in Gainesville

$

Construct and rebuild sidewalks in the City of Gillsville

$

Purchase/install air conditioning and acoustics for City of Guyton gym

$

Replace Hahira Main Street sidewalk

$

Renovate old building and construct new City Hall for the City of Harrison

$

Purchase property for Hazelhurst Community Center

$

Contract for services with the River Walk in the City of Helen

$

Equip fire station in the City of Hinesville

$

Improvements to the walking track in the City of Hoboken

$

Improvements to the outdoor walking track in the City of Homeland

$

Develop a city park in the City of Jenkinsburg $

Improvements to a city recycling area fence and shelter in City of Jesup

$

Purchase emergency equipment for the Kingsland Volunteer Fire Department

$

Contract for services with the museum in the City of Kingston

$

Renovate and repair community center in the City of Kite

$

Purchase equipment for Nana's House in the city of LaFayette

$

Purchase additional playground equipment at the Linwood Memorial park in LaFayette

$

Improvements to the walking trail at the City of LaFayette Recreation Center

$

10,000 60,000 25,000 10,000 50,000 10,000 10,000 30,000 75,000 25,000 20,000 20,000 5,000 5,000 10,000 10,000 25,000 10,000 5,000
5,000 2,500 5,000

1394

JOURNAL OF THE HOUSE

City of Ludowici City of Luthersville City of Lyons City of Macon
City of Macon City of Madison
City of Manchester
City of Marietta Board of Education City of Marshallville City of McDonough City of Menlo City of Montrose City of Moultrie City of Mount Zion City of Nahunta City of Nashville City of Newnan City of Odum City of Offerman City of Patterson

Install water meter and repair station for the City of Ludowici

$

Repairs and renovations to the old Luthersville Elementary School

$

Purchase and pave a lot at the Lyons Recreation Department

$

Replace/repair roof of the Booker T.

Washington Community Center facility in

$

Macon

Contract for services with the Macon Police Athletic League youth program

$

Construct wheelchair accessible paved area for

the J.E. Owen Memorial Arboretum, Inc. in the $

City of Madison

Renovate and expand the capacity of the public

day care center for day care slots in the City of $

Manchester

Purchase of elementary school music keyboarding labs in City of Marietta schools

$

Construct a sewer service for the proposed Post Office in Marshallville

$

Purchase/install lighting for recreation ballfields at Alexander Park in the City of McDonough

$

Construct a community center for the Menlo Housing Authority

$

Improvements to City of Montrose water system

$

Construction of community center to serve Northwest Moultrie

$

Renovate of City of Mt. Zion Activity Center $

Complete the City Volunteer Fire Department Building in Nahunta

$

Renovation project for multi- purpose building in the City of Nashville

$

Remodel the Newnan Community Theater County, Inc. building

$

Repair and renovate facilities adjacent to Odum City Hall

$

Purchase equipment for City of Offerman

$

Patterson Recreation Department in Patterson $

10,000 30,000 5,000
15,000
10,000
9,000
25,000
50,000 15,000 10,000 10,000 10,000 25,000 15,000 10,000 20,000 10,000 5,000
5,000 5,000

MONDAY, FEBRUARY 26, 2001

1395

City of Patterson
City of Pearson City of Pelham City of Pine Lake City of Pinehurst City of Pineview
City of Pitts City of Pitts City of Plains City of Quitman City of Quitman City of Ray City City of Rayle City of Rebecca City of Riverdale
City of Rochelle City of Rockmart City of Rome

Renovate and purchase equipment for the

Edward (Bud) Newton Recreation Community $

Center in the City of Patterson

Recreation and utility needs for the City of Pearson

$

Purchase composting equipment in the City of Pelham

$

Safety and maintenance of public buildings in the City of Pine Lake

$

Renovate the Old Depot in City of Pinehurst for Community Gathering Center

$

Expansion of building occupied by the Clerk's

office, Council, Chamber, Municipal Courtroom and Police Headquarters in the City

$

of Pineview

Construction of a spec building for the Industrial Park in the City of Pitts

$

Planning of Industrial Complex in Wilcox County

$

Purchase/install emergency water well for City of Plains

$

Repairing and upgrading of Humane Society Animal Shelter in Quitman

$

Repair to the former City Hall of Quitman

$

Construct a multi-purpose recreation facility in Ray City

$

Repair water system and purchase equipment for fire department in Rayle

$

Construction, equipment and supplies for the City of Rebecca recreation area

$

Improvements for city park including repairs

and purchasing equipment in the City of

$

Riverdale

Renovation and repair to City Hall in the City of Rochelle

$

Provide recreational funds for the City of Rockmart

$

Purchase automatic defibrillators and train

personnel at the Rome Floyd County Fire

$

Department

5,000 10,000 25,000 20,000 15,000
10,000
25,000 10,000 34,000 10,000 40,000 10,000 14,000 7,500 10,000 10,000 30,000 15,000

1396

JOURNAL OF THE HOUSE

City of Rome
City of Rome City of Roswell City of Savannah City of Savannah City of Savannah City of Savannah City of Savannah City of Screven City of Smyrna City of Smyrna City of Social Circle City of Soperton City of Sparta City of Sumner City of Sycamore City of Sylvester
Library Trustees City of Sylvester City of Talbotton City of Tallapoosa City of Thomasville

Contract for services with the National Creative

Society for "Children Helping Children" in the $

City of Rome

Renovate Rome Area History Museum to meet ADA requirements

$

Promote the Chattahoochee River Trail System for the Roswell Convention and Visitors Center

$

Replace all lights in the W.W. Law Regional Center, a multi-recreational center.

$

Improvements to the Cultural Affairs Commission building in Savannah

$

Purchase equipment and medical supplies for Savannah Health Mission clinic

$

Repair exterior of the Economic Opportunity Authority Building

$

Purchase green space/park for Liberty City Community in the City of Savannah

$

Construct tennis court and purchase defibrillators for the City of Screven

$

Construct an arboretum walking trail for the Keep Smyrna Beautiful, Inc.

$

Promote the Smyrna Revitalization Authority Project

$

Repair of sewer line in the City of Social Circle $

Renovate/repair and purchase equipment for City of Soperton Fire Department

$

Revitalization of downtown business district and sidewalks in the City of Sparta

$

Renovate the sprinkler system in the Old Sumner School auditorium

$

Improvements to City Park and purchase recreation equipment in the City of Sycamore

$

Improvements and purchases for the Margaret Jones Public Library

$

Renovation and improvements to historic Jeffords park in Sylvester

$

Improvements to the Kiddie Park in the City of Talbotton

$

Contract for services with the City of Tallapoosa recreation department

$

Contract for the services for the Genesis Food Park

$

30,000
20,000 10,000 10,000 10,000 15,000 75,000 50,000 10,000 5,000 10,000 30,000 17,000 10,000 10,000 10,000 10,000 20,000 35,000 15,000 50,000

MONDAY, FEBRUARY 26, 2001

City of Thunderbolt
City of Tiger City of Toccoa
City of Toccoa City of Tybee Island
City of Tybee Island City of TyTy
City of Valdosta City of Valdosta City of Valdosta City of Vidalia City of Villa Rica City of
Walthourville City of Warner Robins City of Warner Robins City of Watkinsville
City of Whigham City of Woodland City of Wrightsville

Operating expenses for the Thunderbolt Council

for assistance for two major drinking water

$

projects

Purchase fire and rescue equipment for the City of Tiger

$

Initiate purchase of a 92 acre tract of land along

the Tugalo River and reconstruct a heritage

$

village

Repair Toccoa Little League fields

$

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

$

Improvements to the Central park walking area

and recreation equipment purchase for the City $

of TyTy

Contract for services with the Valdosta Food Bank

$

Repair Lowndes County Historical Society and Museum building

$

Maintenance and repairs for Valdosta/Lowndes Arts Commission

$

Construct a walking trail and resurface tennis courts at the Vidalia Recreation Department

$

Develop ballfields and soccer fields for the City of Villa Rica

$

Purchase equipment for the City of Walthourville

$

Operating expenses for Warner Robins Convention and Visitors Bureau

$

Acquisition and development of greenway corridor in the City of Warner Robins

$

Renovate the old school building into arts

facility for the Oconee County Arts Foundation, $

Inc. in the City of Watkinsville

Renovate Voting Precinct / Court Room in the City of Whigham

$

Purchase/install lighting for Woodland Community Park

$

Repair and renovate the City of Wrightsville Fire Department

$

1397
45,000 10,000 15,000 29,000 25,000 50,000 7,500 35,000 5,000 5,000 20,000 15,000 10,000 25,000 25,000 15,000 10,000 10,000 28,000

1398

JOURNAL OF THE HOUSE

Appling County
Athens-Clarke County Athens-Clarke County Baker County Board of Education Baldwin County Board of Education Barrow County
City of Kingston Bartow County
Bartow County
Bartow County
Bartow County
Bartow County
Berrien County
Bryan County
Bryan County
Camden County
Chatham County
Chatham County Library Trustees Chattahoochee County Chattahoochee County Board of Education

Construct two buildings for the Appling County Fire Department

$

Improvements to the Clarke County recreational facilities

$

Pave parking lot for the Athens Boys and Girls Club

$

Pave lot and construct playground for Baker County Schools

$

Purchase/install lighting for Baldwin High School ball field

$

Improvements to the Barrow County recreational facilities

$

Construct a street in the City of Kingston

$

Improvements to several athletic fields for Bartow County Recreation Department

$

Upgrade Pine Log Fire Department in Bartow County

$

Purchase equipment for Folsom Fire Department in Bartow County

$

Renovate/construct Kingston Elementary School Outdoor Campus in Bartow County

$

Purchase equipment for Bartow County Fire Department

$

Maintain Connell Confederate Cemetery in Berrien County

$

Purchase equipment for the Baconton Fire Station in Bryan County

$

Purchase equipment for the Mill Creek Fire Station in Bryan County

$

Upgrade the Fire Safety House in Camden County

$

Purchase outdoor equipment for Chatham

County Recreation Department for Lake Mayer, $

Scott Stell, and Tom Tripplett Parks

Purchase books and materials for Chatham County main library

$

Drill groundwater well and replace pump in Chattahoochee County

$

Renovate classrooms for in Chattahoochee

County schools

$

16,000 8,000
21,000 20,000 20,000
8,000 28,000 35,000 8,000 8,000 9,000 7,000 15,000 12,000 12,000 32,000
24,000
40,000 60,000
60,000

MONDAY, FEBRUARY 26, 2001

1399

Chickamauga City Board of Education Clarke County
Clay County Development Authority Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Board of Education Cobb County
Cobb County
Coffee County
Columbia County
Cook County Library Trustees
Crisp County Board of Education
Dade County
Dawson County
Decatur County
DeKalb County
DeKalb County

Resurface Gordon Lee High School track in Chickamauga

$

Contract for services with the Food Bank of Northeast Georgia in Clarke County

$

Develop feasibility study and plan for proposed

Clay County retirement facility

$

Purchase playground equipment for International Park in Clayton County

$

Construct/repair sidewalks and drainage system for the City of Forest Park

$

Purchase equipment for the Forest Park Athletic Association in the City of Forest Park

$

Contract for services with the Economic

Development and Training Program, Inc. in

$

Clayton County

Purchase/install lighting for Lovejoy High

School softball field in Clayton County

$

Contract for services for Sweetwater Valley Camp in Cobb County

$

Improvements to Fuller Park Recreational Facility in Cobb County

$

Construct activity room for Concerted Services, Inc. in Coffee County

$

Replace radio communications for Columbia County Sheriff's Office

$

Replace roof of Cook County Library

$

Purchase equipment for the Crisp County High

School JROTC

$

Improvements to recreational facilities in Dade County

$

Construct the Dawson County High School stadium facility

$

Contract for services with Albany ARC in Decatur County

$

Contract for services with The Legacy Program in DeKalb County

$

Furnish rooms at the Women's Resource Center in DeKalb County

$

24,000 20,000 90,000 30,000 100,000 25,000 8,000
33,000 100,000
20,000 40,000 15,000 65,000 4,000 48,000 40,000 34,000 40,000 8,000

1400
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 DeKalb County
DeKalb County DeKalb County
DeKalb County DeKalb County
Board of Education Dodge County

JOURNAL OF THE HOUSE

Expand services provided by Mary Lin Mentoring Program in DeKalb County

$

Contract for services with Project Impact Atlanta/DeKalb, Inc.

$

Purchase an emergency lift for the City of Chamblee Public Works Department

$

Contract for services with Operation Peace in DeKalb County

$

Contract for services with the DeKalb Teen Pregnancy Program

$

Expand/renovate Leigh Cottage of the Children's Home in DeKalb County

$

Purchase a van in DeKalb County

$

Purchase/install computers and software for the Neighborhood Playhouse in DeKalb County

$

Expand public awareness campaign for the

Georgia Association for Prader-Willi

$

Syndrome, Inc. in DeKalb County

Contract for services with the Building Young Families in DeKalb County

$

Construct a senior service facility for Senior Connections, Inc. in DeKalb County

$

Contract for services with Georgia Gives Back, Inc. in DeKalb County

$

Contract for services with the AIDS Epidemic program in DeKalb County

$

Purchase and renovate Transitional Home for Women and Girls facility in DeKalb County

$

Purchase van and maintenance for Scottsdale

Child Development and Family Resource

$

Center in DeKalb County

Contract for services with the Positive Growth Youth Home for Boys in DeKalb County

$

Contract for services with the Scottdale

Community Planning Council for improved

$

housing and programs

Contract for services with the "Shop With A Cop" program in DeKalb County

$

Purchase/install computers and software for the

DeKalb Board of Education

$

Upgrade Dodge County fire stations

$

4,000 40,000 13,000 40,000 120,000 72,000 20,000 8,000
20,000
32,000 48,000 75,000 64,000 80,000
20,000
20,000
40,000
8,000
4,000 8,000

MONDAY, FEBRUARY 26, 2001

1401

Albany/Dougherty County Payroll Development Authority
Dougherty County
Douglas County
Douglas County Board of Education Douglas County Board of Education Effingham County
Effingham County
Elbert County
Elbert County
Evans County
Evans County Board of Education Fayette County Board of Education Floyd County
Floyd County Floyd County
Floyd County
Franklin County
Fulton County

E-commerce study for Albany/Dougherty

County Payroll Development Authority

$

Contract for services for early intervention

programs for preschool at Albany ARC in

$

Dougherty County

Purchase playground equipment for park in City of Palmetto in Douglas County

$

Purchase equipment for Lithia Springs High

School College and Career Center in Douglas $

County

Purchase/install computers and software for the

Douglas County schools

$

Construct shelter in community park in Effingham County

$

Purchase/install communications system for Effingham County Fire Department

$

Construct a softball field at Elbert County High School

$

Renovate the Elbert Theater in the City of Elberton

$

Purchase equipment for Evans County Fire Department

$

Repair/replace roof for Clayton Head Start for

Evans County Board of Education

$

Purchase equipment for special needs students

in the Fayette County schools and Joseph Sams $

School

Construct ballfield for Horace Anthony Recreation Center in Floyd County

$

Restoration of Chieftain's Museum in Rome $

Contract for services with the 100 Black Men mentoring program in Floyd County

$

Contract for services with the Rome Area History Museum in Floyd County

$

Construct a little League Ballpark in Lavonia in Franklin County

$

Purchase equipment and furniture for Tuskegee Airmen, Inc. in Fulton County

$

50,000
33,000 20,000 16,000
38,000 12,000 24,000 8,000 40,000 12,000 8,000
80,000 50,000 20,000 20,000 20,000 20,000 10,000

1402
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County Board of Education
Gilmer County
Glascock County
Glynn County
Glynn County
Glynn County
Grady County Gwinnett County
Board of Education Gwinnett County Board of Education

JOURNAL OF THE HOUSE

Revitalize the Martin Luther King, Jr. Corridor in Fulton County

$

Contract for services with South Fulton Clean and Beautiful

$

Repair/replace plumbing in Foundation Facility and Program Operations in Fulton County

$

Contract for services with AUDIENCE, Inc. in Fulton County

$

Contract for services with the Old National Wrap-Around Collaborative in Fulton County

$

Contract for services with Nonprofits for Nonprofits, Inc. in Fulton County

$

Contract for services with The Metro Life Center, Inc. in Fulton County

$

Contract for services with KidsGym USA in Fulton County

$

Improve structure and purchase equipment for The Connector, Inc. in Fulton County

$

Contract for services with Alternative Choices Corporation in Fulton County

$

Purchase/install lighting for Tri-Cities High

School ball field in Fulton County

$

Restore/repair court and real estate records of Gilmer County

$

Renovate the People's House and purchase

equipment for Glascock County Fire

$

Department

Construct/renovate entrance and parking lot of Glynn County Animal Control Building

$

Implement plan for development of Altamaha Regional Park in Glynn County

$

Purchase/install lighting for North Glynn Recreation Park

$

Purchase fire hose for Grady County

$

Improvements to the Brookwood High School

Athletic Complex including refinishing the gym $

floor

Improvements to the Shiloh High School

Athletic Complex in Gwinnett County

$

60,000 24,000 100,000 40,000 40,000 20,000 24,000 40,000 36,000 36,000
53,000
12,000
26,000
24,000 8,000 20,000 16,000 40,000
40,000

MONDAY, FEBRUARY 26, 2001

1403

Gwinnett County Board of Education
Habersham County
Habersham County
Clarkesville Downtown Development Authority
Hall County Board of Education
Hall County Board of Education Hancock County Board of Education Heard County
Jackson County Board of Education
Jefferson County
Jenkins County
Jenkins County
Jenkins County Hospital Authority Jones County
Liberty County
Liberty County
Liberty County

Renovate the Physical Education and Athletic

facilities in Gwinnett County

$

Purchase equipment for Habersham County Volunteer Fire Department

$

Purchase property for the Habersham Soup Kitchen

$

Develop downtown Clarkesville to promote

economic growth for the area

$

Improvements to Johnson High School in Hall

County

$

Restoration of North Hall High School athletic

field in Hall County

$

Expand Summer Science and Summer Band

programs in Hancock County schools

$

Construct and pave the parking lot for the Heard County Mental Health Center

$

Construct an Agricultural Building at Jackson

County High School

$

Contract for services with Jefferson County

Economical Development to attract, retain and $

expand businesses within the community

Install ADF network for the Jenkins County Airport

$

Expand Extension Education Center in Jenkins County

$

Purchase equipment for Jenkins County Hospital Authority

$

Develop feasibility study and plan for Jones County water system

$

Construct a multi-purpose education facility in Liberty County

$

Improvements to recreational facilities in Liberty County

$

Contract for services with the Eleven Black Men of Liberty County

$

80,000 12,000 20,000
40,000
25,000
60,000
8,000 32,000 40,000
40,000 16,000 4,000 16,000 20,000 20,000 40,000 16,000

1404

JOURNAL OF THE HOUSE

Lincoln County
Lincoln County
Lowndes County
Lowndes County Board of Education Lowndes County Board of Education Lumpkin County
Lumpkin County
Lumpkin County
Meriwether County
Meriwether County Board of Education Miller County
Montgomery County Board of Education Morgan County
Oconee County
Oconee County
Paulding County Board of Education
Polk County
Quitman County
Rabun County

Resurface parking lot of the Lincolnton Clubhouse in Lincoln County

$

Purchase/install lighting and fencing for Lincoln County Recreation Department

$

Construct a Youth and Teen Center for the YMCA in Lowndes County

$

Repair/restore Lake Park Elementary School

gym in Lowndes County

$

Resurface the track at Lowndes County High

School

$

Purchase/install lighting for youth softball field in Lumpkin County

$

Purchase equipment for Lumpkin County Volunteer Fire Department

$

Contract for services for Community Care Shelter in Lumpkin County

$

Renovate the WPA Building in Meriwether County

$

Construct and purchase equipment for two

elementary schools in Meriwether County

$

Restore/refurbish agricultural "show barn" located in Miller County

$

Improvements to the Montgomery County

Middle/High School sports facilities

$

Contract for services for the Morgan County African American Cultural Center

$

Improvements to the Oconee County recreational facilities

$

Renovate/restore the William Daniel House in Oconee County

$

Purchase band uniforms and equipment for the

Paulding County Board of Education

$

Purchase equipment for the Polk County Fire Department

$

Develop feasibility study and plan for marina in Quitman County

$

Purchase equipment for Rabun County Volunteer Fire Department

$

6,500 8,000 60,000 22,000
24,000 8,000 4,000 8,000 40,000 51,000 52,000 8,000 8,000 8,000 16,000 57,000 25,000 40,000 12,000

MONDAY, FEBRUARY 26, 2001

Rabun County Hospital Authority
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Board of Education
Richmond County Board of Education
Richmond County
Schley County Board of Education
Screven County
Screven County Library Trustees Seminole County Board of Education

Develop feasibility study and plan for a rural hospital in Rabun County

$

Construct ball field for Master City Little League in Richmond County

$

Contract for services with the Delta House,

Lucy Craft Laney Museum in Richmond

$

County

Contract for services with Southeastern

Firefighters' Burn Foundation in Richmond

$

County

Purchase equipment for Boxing Club in Richmond County

$

Contract for services with the CSRA Economic Opportunity Authority in Richmond County

$

Improvements/construction for the Eastview Recreation Center in Richmond County

$

Contract for services with the Safe

Communities Coalition of Augusta in

$

Richmond County

Contract for services with the Southside Tutorial Program in Richmond County

$

Contract for services with the Delta Leadership Training Program in Richmond County

$

Purchase equipment for Lucy Laney High

School in Richmond County

$

Purchase equipment for Davidson School of

Fine Arts in Richmond County

$

Contract for services with the Augusta Ballet in Richmond County

$

Construct Schley County High School

$

Purchase/install equipment and fixtures for

Screven County Technical and Adult Education $

Center

Repair/replace roof and building at ScrevenJenkins Regional Library

$

Construct weight facility for Seminole County

Board of Education

$

1405 32,000 24,000 20,000
44,000 24,000 40,000 75,000 20,000 32,000 16,000 8,000
50,000 20,000 80,000
20,000 16,000 20,000

1406

JOURNAL OF THE HOUSE

Spalding County
Stephens County
Stewart County Board of Education Taliaferro County Board of Education Tattnall County Tattnall County
Tattnall County Board of Education Terrell County
Terrell County
Thomas County
Thomas County Board of Education
Tift County Board of Commissioners Town of Mitchell
Town of Tyrone Towns County
Treutlen County Treutlen County Twiggs County
Union County
Union County
Walker County

Expand Griffin Tech Literacy Program in Spalding County

$

Purchase monitoring and security equipment for new courthouse in Stephens county

$

Construct relay tower to provide internet access

to Stewart County Schools

$

Purchase land for Taliaferro schools $

Expand meeting room for Tattnall County

$

Contract for services with the Tattnall County Hospital Authority

$

Construct teaching and canning facility for

Tattnall County Schools

$

Repair/replace roof at Historic Hill & Hill

Preservation Society in Dawson in Terrell

$

County

Construct/paint building at the Dawson-Terrell County Airport

$

Restore clock and clock tower for Thomas County Courthouse

$

Asphalt area at Thomas County High School

$

Purchase rail car for the Tifton Terminal Railway Museum

$

Renovate/upgrade downtown sidewalks in Town of Mitchell

$

Construct ball field for Town of Tyrone

$

Purchase equipment for Towns County Volunteer Fire Department

$

Easter Seals in Treutlen County

$

Repair Treutlen County DFCS offices

$

Purchase furnishings for the Twiggs County Courthouse

$

Purchase equipment for Union County Volunteer Fire Department

$

Develop feasibility study and plan for Farmer's Market in Union County

$

Renovate Walker County courthouse

$

40,000 20,000
10,000
8,000 16,000 40,000
20,000
20,000
64,000 28,000
12,000
64,000 8,000 20,000 4,000 15,000 12,000 80,000 4,000 12,000 60,000

Ware County
Warm Springs Downtown Development Authority Warren County
Wayne County
Wheeler County
White County
White County
White County Development Authority White County White County
Whitfield County
Whitfield County
Whitfield County Board of Education
Wilkinson County
City of Acworth
City of Acworth
City of Acworth
City of Alamo

MONDAY, FEBRUARY 26, 2001

1407

Purchase Fire Safety House and towing vehicle

for Ware County/City of Waycross Fire

$

Department

Construct the Warm Springs Welcome Center

$

32,000 35,000

Purchase equipment and furnishings for Warren County Courthouse

$

Purchase materials and construct fire station for

Madray Springs Volunteer Fire Department in $

Wayne County

Purchase equipment and maintenance for Wheeler County recreation facilities

$

Contract for services with White County Homework Centers

$

Repair drainage problems and apply sod to White County High School baseball field

$

Extend sewage service in White County

$

Renovate White County Courthouse

$

Purchase equipment, computers, books and

supplies to establish a Boys and Girls Club in $

White County

Construct parks and recreation area on Cleveland Highway

$

Purchase the Hamilton House for Whitfield/Murray Historical Society

$

Purchase of band uniforms for Whitfield High

School Band

$

Develop feasibility study and plan for Balls

Ferry Park on the Oconee River in Wilkinson $

County

Pave parking lot for City of Acworth Parks and Recreation Department

$

Construct multi-purpose court for the City of Acworth Parks and Recreation

$

Purchase police vehicle for the City of Acworth Police Department

$

Purchase/install HVAC system at the Alamo Civic Center

$

80,000 16,000 8,000 8,000 12,000 20,000 40,000 20,000 40,000 104,000 16,000
27,000 12,000 8,000 16,000 8,000

1408

JOURNAL OF THE HOUSE

City of Alma City of Aragon 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 Bartow City of Blakely City of Broxton City of Buena Vista City of Cartersville City of Cedartown City of Chester City of Clarkston City of Cleveland City of Cleveland City of Climax City of Colquitt

Improvements to two inner city parks in the City of Alma

$

Develop/construct city park in Aragon

$

Contract for services with Apex Museum in the City of Atlanta

$

Contract for services with the United Community Association, Inc. in Atlanta

$

Improvements to Adams and John H. White Park ballfields in Atlanta

$

Repair homes of Senior Citizens in Washington

Park and Washington High Neighborhoods in $

Atlanta

Develop feasibility study and plan for Morningside neighborhood in Atlanta

$

Develop feasibility study and plan for Ansley Park Neighborhood in Atlanta

$

Contract for services with the Albert J.

Edmonds Leadership Development Program in $

the City of Atlanta

Contract for services with Atlanta Public Schools for a parent task force

$

Purchase equipment and improve City of Bartow park

$

Extend the water lines in the City of Blakely $

Construct memorial for the Broxton Police Department

$

Purchase breathing apparatus for the City of Buena Vista Fire Department

$

Renovate/upgrade recreational facilities in Cartersville

$

Construct multi-purpose facility for the City of Cedartown

$

Replace windows at Chester City Hall

$

Purchase sanitation truck and A-300 E-Z Pack for City of Clarkston

$

Purchase/install water line for new school in City of Cleveland

$

Purchase equipment for Cleveland Volunteer Fire Department

$

Renovate gym for the City of Climax

$

Establish the Community Development

Corporation of Southwest Georgia in the City $

of Colquitt

8,000 16,000 100,000 40,000 38,000
40,000
32,000 32,000
96,000
20,000 2,500 12,000 4,000 12,000 32,000 56,000 4,000 61,000 4,000 4,000 12,000 8,000

City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Columbus City of Commerce City of Cordele City of Cusseta City of Cuthbert City of Cuthbert City of Dallas City of Dalton City of Darien City of Donalsonville City of Dublin City of Eatonton City of Eatonton City of Euharlee

MONDAY, FEBRUARY 26, 2001

Contract for services with the Veterans' Life Action Center, Inc. in the City of Columbus

$

Contract for services with the Drug Fighters of Columbus

$

Contract for services with Southwest Against Drugs in Columbus

$

Contract for services with Rediscovery for retraining in Columbus

$

Contract for services with the Columbus Literate Community Program, Inc.

$

Contract for services with Peabody in Columbus

$

Contract for services with the Columbus Teen Parenting Center

$

Contract for services with the Columbus Housing Authority for Welfare to Work

$

Contract for services with the Columbus Youth Network

$

Contract for services with the Columbus Police Department for training

$

Improvements to the Commerce Civic Center $

Construct new Cordele animal shelter

$

Construct facility and purchase truck and generator for the Cusseta City Pound

$

Design/construct community band shell in the Iris Garden in the City of Cuthbert

$

Landscape the Music Mile Fletcher Henderson Jazz Festival

$

Remodel Dallas City Hall complex

$

Contract for services with the Northwest Georgia Girl's Home in Dalton

$

Purchase sewer vacuum truck for the City of Darien

$

Beautify downtown Donalsonville including

construction of a pavilion and purchase of

$

entrance signs

Construct domestic violence shelter for WINGS in Dublin

$

Purchase/install lighting on Highway 16 for the City of Eatonton

$

Develop feasibility study and plan for city of Eatonton/Putnam County Project

$

Remodel Euharlee City Hall complex

$

1409
8,000 15,000 12,000 12,000 16,000 12,000 28,000 8,000 15,000 12,000 40,000 40,000 18,000 20,000 5,000 56,000 40,000 20,000
16,000
28,000 3,500 8,000 52,000

1410

JOURNAL OF THE HOUSE

City of Fargo
City of Fayetteville
City of Flowery Branch City of Fort Valley
City of Gainesville
City of Glennville
City of Glennville
City of Hephzibah
City of Helena City of Hiram
City of Hoboken
City of Hogansville
City of Ideal City of Jacksonville City of Jesup
City of Jonesboro City of Lake City
City of Lafayette
City of Leary City of Ludowici City of Ludowici
City of Macon City of Macon
City of Macon

Restore ballfields for the City of Fargo Recreation Departments

$

Restore Holliday-Dorsey-Fife House in City of Fayetteville

$

Improvements to the City of Flowery Branch $

Renovate the Groutman House in City of Fort Valley

$

Develop and construct storm water retention

projects for Gainesville Parks and Recreation $

Agency

Purchase equipment for Glennville Fire Department

$

Purchase/install lighting for Glennville Recreation Department

$

Contract for services with Unlocking the Mind in Hephzibah

$

Upgrade the Helena Fire Department

$

Renovate/upgrade recreational facilities in City of Hiram

$

Purchase computer software for Brantley County police and recreation departments

$

Repair/replace the electricity service lines in Hogansville

$

Renovate the City of Ideal police department $

Upgrade the Jacksonville Police Department $

Purchase vehicle and establish fire prevention program for City of Jesup Fire Department

$

Develop family park in the City of Jonesboro $

Purchase equipment for Lake City Police Department

$

Develop feasibility study and plan for water distribution evaluation in Lafayette

$

Repair water system in the City of Leary

$

Repair the Old Depot in Ludowici

$

Purchase/install water meters for the City of Ludowici

$

Repair Booker T. Washington Center in Macon $

Promotion of the Fall Music Festival in the City of Macon

$

Promote movie making and recording industry in Macon

$

17,000
20,000
40,000
60,000
40,000
12,000
12,000
25,000 8,000
16,000
4,000
40,000 12,000 4,000 4,000 20,000 10,000
34,000 3,500
16,000 8,000 80,000 40,000
40,000

MONDAY, FEBRUARY 26, 2001

1411

City of Metter
City of Milan City of
Milledgeville City of Millen City of Monticello
City of Monticello
City of Morrow
City of Morven
City of Ocilla City of Odum
City of Oglethorpe
City of Patterson
City of Pavo
City of Pembroke
City of Pine Lake
City of Pineview City of Pooler
City of Powder Springs
City of Reidsville
City of Reidsville
City of Remerton
City of Rhine City of Richland

Purchase equipment for City of Metter Police Department

$

Purchase trash truck for City of Milan

$

Contract for services with the Oconee Family Crisis Center, Inc. in Milledgeville

$

Improvements to City of Millen Cemetery

$

Develop Jasper County Farmer's Market Park in Monticello

$

Construct multi-purpose playing field for Funderburg Park in Monticello

$

Contract for services with Prevention Plus Teen Center in Morrow

$

Renovate the former Morven High School building for office use

$

Upgrade City of Ocilla recreational facilities $

Purchase land for parking lot for Odum Community Center

$

Restore Flint River Ferry in the City of Oglethorpe

$

Renovate and upgrade playground at Patterson Recreation Department

$

Repair/replace lunchroom roof for the Pavo Recreation Center

$

Construction/improvements to the City of Pembroke recreational facilities

$

Maintenance of existing generator and purchase of a generator

$

Expand Pineview city hall

$

Purchase "Jaws of Life" for Pooler Fire Department

$

Contract for services with the George Ford Center in Powder Springs

$

Pave parking lot for Reidsville Recreation Department

$

Pave parking lot for Reidsville Airport Authority

$

Purchase/install culverts and gutters in the City of Remerton

$

Pave parking lot for Rhine Community Center $

Renovate the old Railroad Depot in City of Richland

$

8,000 8,000 12,000 8,000 32,000 32,000 13,000 16,000 4,000 12,000 16,000 8,000 12,000 12,000 20,000 40,000 25,000 150,000 12,000 20,000 40,000 4,000 24,000

1412

JOURNAL OF THE HOUSE

City of Rockmart
City of Rossville
City of Sandersville
City of Savannah
City of Screven
City of Smyrna
City of Soperton City of Sparks
City of Sparta
City of Stapleton
City of Stone Mountain City of Summerville City of Swainsboro
City of Thomasville
City of Thomasville Board of Education City of Thomson
City of Thunderbolt
City of Thunderbolt
City of Thunderbolt City of Twin City City of Tybee Island

Construct multi-purpose facility for the City of Rockmart

$

Construct handicapped accessible restrooms for the City of Rossville's recreation area

$

Revitalize downtown Sandersville city park and monument

$

Purchase/install air conditioner at Frank Callen Boys and Girls Club gym in Savannah

$

Purchase police car for Screven Police Department

$

Construction and land improvements for Cobb Veterans' Memorial in Smyrna

$

Complete ballfields for the City Soperton

$

Purchase equipment for Sparks Police Department

$

Revitalize downtown Sparta business districts and sidewalks

$

Repair erosion problems for the City of Stapleton

$

Install HVAC system in gymnasium for City of Stone Mountain

$

Develop feasibility study to determine long range water needs in the City of Summerville

$

Upgrade facilities at the Swainsboro recreation complex

$

Contract for services with the Genesis Food Park in the City of Thomasville

$

Refurbish track and re-roof equipment storage

building at Thomasville High School

$

Purchase multi-purpose vehicle for Thomson Fire Department

$

Purchase/install lawn sprinkler system for the

Thunderbolt Community Improvement

$

Association

Restore water well and upgrade water lines in the City of Thunderbolt

$

Refurbish museum in Thunderbolt

$

Renovate recreation complex in Twin City

$

Contract for services with Tybee Island Marine

Science Center for educational tours for

$

children

68,000 24,000 11,000 56,000 8,000 50,000
8,000 24,000 8,000 40,000 20,000 28,000 12,000 62,000
12,000
24,000
1,500
52,000 16,000 12,000 20,000

MONDAY, FEBRUARY 26, 2001

1413

City of Vienna

Contract for services for a day program for

older adults with disabilities at the Albany

$

ARC through the City of Vienna

City of Warrenton

Renovate the City of Warrenton sports complex and tennis courts

$

City of Warrenton

Purchase two emergency generators for City of Warrenton

$

City of Willahoochee

Purchase playground equipment for Willahoochee City Parks

$

City of Williamson Upgrade the City of Williamson water system $

City of Woodbury Improvements to the Woodbury sewer system $

City of Wrightsville Renovate/repair downtown sidewalks in Wrightsville

$

City of Yatesville Library Trustees

Construct Yatesville Community Library

$

City of Warner Robins

Contract for services from the Aviation Museum in Warner Robins

$

Clayton County

Purchase/install playground system in Clayton County

$

City of Morrow

Purchase supplies and equipment for the

Prevention Plus Teen Center in the City of

$

Morrow

City of Lake City

Purchase voice analyzer and hire an operator to

assist in criminal investigations in the City of $

Lake City

Bleckley County

Bleckley County Cochran Recreation Commission

$

City of Hawkinsville

Contract for services with the Arts Council in Hawkinsville

$

City of Savannah

Economic development study for Savannah

$

Buchanan County

Renovation/repair of Buchanan Historic County Courthouse

$

Columbus/Muscogee Contract for services with Springer Opera

County

House in Columbus

$

Columbus/Muscogee Contract for services with Woodruff Civil War

County

Museum in Columbus/Muscogee County

$

Columbus/Muscogee Contract for services with Liberty Theater in

County

Columbus/Muscogee County

$

City of Fargo

Purchase/install playground equipment for the City of Fargo

$

Effingham County

Contract for services with the STARR Program in Effingham County

$

33,000
12,000 32,000 4,000 12,000 40,000 8,000 40,000 80,000 30,000
13,000
10,000
25,000 15,000 65,000 450,000 125,000 100,000 125,000 20,000 10,000

1414

JOURNAL OF THE HOUSE

DeKalb County
Southwest Georgia Railroad Authority City of St. George City of Leslie City of Homerville City of Chaserville City of Thomson Glascock County Camden County Waycross Count Hancock County Hancock County Burke County City of Chatsworth City of Concord Fulton County DeKalb County City of Columbus City of Lithia Springs Fayette County Miller County

Contract for services with the Student Learning

and Achieving in Math program in DeKalb

$

County

Contract for services with the Southwest Georgia Railroad Excursion Authority

$

Purchase fire knocker truck for St. George Volunteer Fire Department

$

Purchase fire knocker truck for Leslie Volunteer Fire Department

$

Purchase fire truck for Homerville Volunteer Fire Department

$

Purchase fire knocker truck for ChaservilleMassee Volunteer Fire Department

$

Purchase multi-purpose vehicle for Thomson Volunteer Fire Department

$

Renovate fire knocker truck for Glascock Volunteer Fire Department

$

Convert 2 military surplus trucks to fire trucks for Camden County Volunteer Fire Department

$

Completion of Fire Safety House for WaycrossWare County Fire Department

$

Purchase ambulance for Hancock County

$

Purchase fire truck for Hancock County

$

Construct/operate a public fishing area in Burke County

$

Expand/repair the City of Chatsworth water/ sewer system

$

Conduct a water supply study in the City of Concord

$

Contract for services with High Plains Center in Fulton County

$

Contract for services with Project Impact, Atlanta/DeKalb County

$

Feasibility study and planning for a trade center in Columbus

$

Construct Student Learning Center in Lithia Springs

$

Capital outlay for park or other recreational purposes in Fayette County

$

Construct an agricultural facility in Miller County

$

40,000
150,000 60,000
70,000 60,000 60,000
25,000 15,000 30,000 30,000 75,000 50,000 250,000 280,000 25,000 100,000 150,000 265,000 450,000 350,000 65,000

MONDAY, FEBRUARY 26, 2001

1415

Laurens County
Cobb County Greene County
Board of Education Ocmulgee Regional
Library Trustees Mitchell County Board of Education City of Columbus
Richmond County Development Authority
City of Augusta/ Richmond County City of Albany
City of Albany
Haralson County Bibb County
Cobb County
City of Cairo
City of Dallas
Hart County
City of St. Mary's

Purchase right-of -way and construct roads for Laurens County

$

Repair/renovate roof for Cobb Senior Center $

Construction and paving of all weather track facility at the high school

$

Purchase bookmobile for Ocmulgee Regional Library

$

Operation and storm repairs for Mitchell County Schools

$

Improvements to the Convention Center and Liberty Theater in Columbus

$

Administration costs, land acquisition,

$

improvements and other capital outlay and

development costs to promote tourism,

community and economic development, housing

and housing rehabilitation, medical research and

healthcare facilities in the City of Augusta/

Richmond County, including administration

cost and land acquisition, improvements and

other capital outlay and development costs

Contract for services with the Augusta Mini Theater

$

To provide funds for a stadium allowing a joint

use with Albany State University in the City of $

Albany

Construction of the Flint River Center in the City of Albany

$

Expand internet access in Haralson County

$

Contract for services with the Harriet Tubman Museum in Bibb County

$

Renovations/improvements to the Mable House in Cobb County

$

Renovate the City of Cairo Syrup City Arts Center

$

Construct a civic and economic center in the City of Dallas

$

Contract for services with water and sewage facilities in Hart County

$

Improvements to park and construct pool and water center in the City of St. Mary's

$

800,000 25,000 25,000 100,000 250,000 11,000,000 10,000,000
250,000 5,000,000 5,000,000 2,200,000 1,750,000 1,000,000 1,000,000 1,000,000
600,000 985,000

1416

JOURNAL OF THE HOUSE

Taliaferro County Construction/renovations to a gym, library and

BOE

other infrastructure for Taliaferro County High $

School

DeKalb County

Contract for services with the South DeKalb Senior Citizen's Center in DeKalb County

$

Stewart County

Renovations to the Stewart County Courthouse $

City of Moultrie

Construct a swimming and training facility at the Moultrie Diving Facility aquatic center

$

City of Tallapoosa

Construction/improvements to museum facility in the City of Tallapoosa

$

City of Cochran

Thompson Street Community Center in the City of Cochran

$

Appling County

Renovation of the Defense building in Appling County

$

Cobb County BOE

Landscaping for Argyle School in the Cobb County School System

$

Dodge County

Conference Center in Dodge County

$

City of Dallas

Restoration of the Dallas Theater in the City of Dallas

$

Murray County BOE Provide post-secondary courses after hours at Murray County High School

$

Stephens County BOE Purchase computers for Stephens County High School

$

City of

Contract for services with the City of Augusta's

Augusta/Richmond FORE! Program

$

County

Pierce County

Contract for services with the Lee Street Resource Center in Pierce County

$

Cobb County BOE

Purchase band uniforms and equipment for Walton High School in Cobb County

$

Fulton County BOE Purchase/install/renovate bleachers for Riverwood High School in Fulton County

$

City of Newnan

Contract for services with Achievers International for Student Exchange Program

$

Stephens County BOE Renovation of Stephens County High School stadium for handicap accessibility

$

City of Toccoa

Contract for services with Toccoa Rehabilitation Industries

$

City of Bloomingdale Purchase equipment for the Bloomingdale Fire Department

$

Southeast Georgia RDC

Purchase furniture for a new building for the Southeast Georgia RDC

$

1,130,000
150,000 250,000 100,000 50,000 189,000 150,000 25,000 500,000 250,000 125,460 63,000
250,000
125,000 75,000 73,000 20,000 50,000 60,000 25,000 50,000

MONDAY, FEBRUARY 26, 2001

Jones County Bacon County Brooks County Douglas County Columbia County Carroll County Coweta County Bryan County Floyd County Paulding County Forsyth County Clay County Butts County Peach County Murray County Clark County Jackson County Cook County Ware County Thomas County Pike County Board of Commissioners

Reimburse Jones County for capital felony expenses

$

Reimburse Bacon County for capital felony expenses

$

Reimburse Brooks County for capital felony expenses

$

Provide for local recreation programs in Douglas County

$

Provide for local recreation programs in Columbia County

$

Provide for local recreation programs in Carroll County

$

Provide for local recreation programs in Coweta County

$

Provide for local recreation programs in Bryan County

$

Provide for local recreation programs in Floyd County

$

Provide for local recreation programs in Paulding County

$

Provide for local recreation programs in Forsyth County

$

Provide for local recreation programs in Clay County

$

Provide for local recreation programs in Butts County

$

Provide for local recreation programs in Peach County

$

Provide for local recreation programs in Murray County

$

Provide for local recreation programs in Clark County

$

Provide for local recreation programs in Jackson County

$

Provide for local recreation programs in Cook County

$

Provide for local recreation programs in Ware County

$

Provide for local recreation programs in Thomas County

$

Capitol Felony expenses

$

1417
100,000 200,000 150,000
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000

1418

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Union County Board of Education City of Dawsonville
Polk County Macon County
City of Tybee Island Coweta County
Telfair County
City of Savannah
City of Valdosta
Worth County

Contract services with Suches Library

$

Thunder Road/NASCAR Hall of Fame, Dawsonville

$

Pave parking lot for Polk County Schools

$

Contract for services with the Middle Flint RDC for supplemental technical assistance funds

$

Beach renourishment for the City of Tybee Island $

Operating funds for the Coweta Emergency Foster Care Shelter operations

$

Purchase of land and infrastructure of Joint Development Authority in Telfair County

$

Planning grant for the redevelopment of Cuyler Brownsville neighborhood

$

Construct and equip the Annette Turner Arts Center in the City of Valdosta

$

Construction of an auditorium in Worth County $

250,000
100,000 150,000 25,000 450,000 50,000
1,000,000
500,000
500,000 750,000

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.

MONDAY, FEBRUARY 26, 2001

1419

Section 43.

Provisions Relative to Section 10, State Board of Education Department of Education.

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 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 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

It is the intent of this General Assembly that the employer contribution rate for term life insurance for state employees who are members of the new retirement benefit plan shall not exceed .25%.

Funds are provided in this appropriation act for H.B. 654, H.B. 988, H.B. 1046, H.B. 543, H.B. 764, H.B. 767, H.B. 919, H.B. 859, H.B. 1031, and S.B. 45.

Section 45.

Provisions Relative to Section 15, Department of Human Resources.

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

Standards of Need $ 235
356

Maximum Monthly Amount $ 155 235

1420

JOURNAL OF THE HOUSE

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 $79,939,939, 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.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46.

Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

MONDAY, FEBRUARY 26, 2001

1421

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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 Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 25, Department of Public Safety.

The Governor's Office of Highway Safety is hereby directed to utilize any and all available funds for the purpose of installing call boxes on rural interstate highways.

Section 49.

Provisions Relative to Section 26, Public School Employees' Retirement System.

It is the intent of this General Assembly that the employer contribution rate for members of the Public School Employees= Retirement System shall increase from $10.50 to $12.00.

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Section 50.

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 51.

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.

Funds are provided in this appropriation act for H.B. 999 and H.B. 908.

Section 52. Provisions Relative to Section 35, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

MONDAY, FEBRUARY 26, 2001

1423

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)(1), 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 53.
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 54.
To the extent to which Federal funds become available in amounts in excess of those

1424

JOURNAL OF THE HOUSE

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 55.
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 56.
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.

MONDAY, FEBRUARY 26, 2001

1425

Section 57.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 58.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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 59.
(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

1426

JOURNAL OF THE HOUSE

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 60.

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 61.

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 62.

Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.

With regard to the appropriations in Section 38 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:

MONDAY, FEBRUARY 26, 2001

1427

From the appropriation designated "State General Funds (New)," $8,090,100 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 $90,900,000 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)," $115,700 is specifically appropriated for the purpose of financing projects and facilities at the Georgia School for the Deaf through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)," $60,965 is specifically appropriated for the purpose of financing projects and facilities at the Georgia Academy for the Blind through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $685,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,524,860 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 $10,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,689,830 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 $11,495,000 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)," $8,127,925 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,

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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 $91,325,000 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)," $166,140 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 $710,000 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)," $1,684,800 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 $7,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $818,800 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 $9,200,000 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)," $3,287,660 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 $36,940,000 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)," $117,000 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 $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)," $2,937,000 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 $33,000,000 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)," $421,200 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,810,005 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 $54,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,380 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 $570,000 in

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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)," $341,760 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 $3,840,000 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)," $587,400 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 $6,600,000 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)," $7,085,520 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 $30,280,000 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)," $158,865 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 $1,785,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,225,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $25,000,000 in

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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 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 two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,668,410 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 $63,690,000 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)," $1,404,000 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 $6,000,000 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)," $3,510,000 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and 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 $15,000,000 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)," $151,300 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and

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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 $1,700,000 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)," $222,500 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll IslandCState 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 two hundred and forty months.
From the appropriation designated "State General Funds (New)," $389,375 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 $4,375,000 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)," $1,691,000 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 $19,000,000 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)," $302,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $200,250 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 $2,250,000 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)," $382,700 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 $4,300,000 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)," $61,410 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 $690,000 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)," $198,915 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 $2,235,000 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)," $315,950 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 $3,550,000 in principal

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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)," $648,180 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 $2,770,000 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)," $210,040 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 $2,360,000 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)," $972,770 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 $10,930,000 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)," $16,380 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 $70,000 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)," $132,610 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,

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1435

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,490,000 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)," $38,270 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 $430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $434,320 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 $4,880,000 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)," $208,705 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 $2,345,000 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)," $153,080 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 $1,720,000 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

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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 $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)," $114,810 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 $1,290,000 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)," $94,340 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 $1,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $262,995 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 $2,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $97,900 is 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $93,005 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 $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $35,100 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 $150,000 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)," $178,000 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 $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)," $178,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General 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)," $364,900 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 $4,100,000 in principal

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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)," $1,068,000 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $58,500 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 $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)," $267,000 is specifically appropriated for the purpose of financing projects and facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the Georgia State Financing and Investment Commission, 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 two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,317,200 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 $14,800,000 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)," $1,793,350 is specifically appropriated for the purpose of financing projects and facilities for the

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1439

Department of Public Safety, 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 $20,150,000 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)," $222,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the City of Cartersville for that library, 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 two hundred and forty months.
From the appropriation designated "State General Funds (New)," $140,400 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 $600,000 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)," $89,000 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 $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)," $66,750 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 $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.

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From the appropriation designated "State General Funds (New)," $3,042,000 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 $13,000,000 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)," $4,450,000 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 $50,000,000 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)," $40,050 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 $450,000 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)," $118,815 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 $1,335,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 63. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2001

$ 15,273,099,418

MONDAY, FEBRUARY 26, 2001

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Section 64.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 65.
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 174.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd

Y Cox Y Crawford Y Cummings N Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor Teague Y Teper Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L

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N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Walker, R.L Y Watson Y West N Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 148, nays 23. The motion prevailed.

Representatives Stanley of the 49th, Stanley of the 50th, and Teague of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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Representative Hall, Atlanta, Georgia Tuesday, February 27, 2001
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.
Due to personal reasons, Representative Scott of the 165th was excused on all votes today.
Prayer was offered by the Reverend Glynn D. Grantham, Pastor, First Assembly of God, Warner Robins, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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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 745. By Representatives DeLoach of the 172nd, Mosley of the 171st, Barnard of the 154th and Tillman of the 173rd:
A BILL to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor-general of the said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 746. By Representatives DeLoach of the 172nd, Mosley of the 171st, Barnard of the 154th and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Education of Liberty County, so as to change the compensation of the members and chairperson of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 747. By Representatives Bridges of the 9th, Everett of the 163rd, Twiggs of the 8th, Walker of the 141st and Smith of the 103rd:
A BILL to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; to change certain provisions relating to victim compensation awards; and for other purposes.

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1445

Referred to the Committee on Judiciary.
HB 748. By Representative Ray of the 128th: A BILL to amend an Act providing a new charter for the City of Byron, so as to change the corporate limits of the City of Byron; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 749. By Representative Ray of the 128th: A BILL to amend an Act providing a new charter for the City of Byron, so as to change the provisions relating to the condemnation powers of the City of Byron; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 750. By Representatives Heard of the 89th, Hugley of the 133rd and Harbin of the 113th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require that group members shall be notified of the cancellation, nonrenewal, or other termination of their insurance either in person or by at least first-class mail; and for other purposes.
Referred to the Committee on Insurance.
HB 751. By Representative DeLoach of the 172nd: A BILL to amend an Act providing a new charter for the City of Midway, so as to provide for term limits for the office of mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 752. By Representative Greene of the 158th:
A BILL to provide for the compensation and expenses of the members of the Board of Education of Chattahoochee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 753. By Representatives Cooper of the 31st, Franklin of the 39th, Ehrhart of the 36th, Collins of the 29th, Wix of the 33rd 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 754. By Representative Shanahan of the 10th:
A BILL to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available under the Employees' Retirement System of Georgia to appellate court judges, so as to provide that such judges shall be eligible to retire after 12 years of actual service; and for other purposes.
Referred to the Committee on Retirement.
HB 755. By Representative Shanahan of the 10th:
A BILL to amend an Act entitled "An Act to provide for the compensation of the coroner of Gordon County," so as to change the compensation of the coroner; to provide for the appointment of two deputy coroners and for their salaries; and for other purposes.

TUESDAY, FEBRUARY 27, 2001

1447

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

HB 756. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A BILL to create the Coweta County Water and Sewerage Authority and to provide for the appointment of members of the authority; and for other purposes.

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

HB 757. By Representative Shanahan of the 10th:
A BILL to create a board of elections and registration for Gordon County and provide for its powers and duties; and for other purposes.

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

HB 758. By Representatives Cash of the 108th, Sanders of the 107th and Lunsford of the 109th:
A BILL to amend an Act creating the State Court of Henry County, so as to change the provisions relating to the clerk of the state court; to provide for the appointment, compensation, powers, and duties of the clerk; to provide for powers of the deputy clerks; and for other purposes.

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

HB 759. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, 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 judges and associate judges of the state court; and for other purposes.

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

HB 760. By Representative Bell of the 25th:
A BILL to amend an Act incorporating the Town of Braselton in the County of Jackson, so as to provide for town council districts; to provide for elections; to provide for terms of the mayor and town councilmembers; and for other purposes.

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

HB 761. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:
A BILL to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes for the full value of the homestead after a two-year phase-in period for certain residents of that city who are 62 years of age or older; and for other purposes.

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

HB 762. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to provide for the filling of vacancies in the office of sheriff of Catoosa County; and for other purposes.

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

HB 763. By Representative Coan of the 82nd:
A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide criminal punishment for the offense of causing death or serious bodily injury of another person by losing control of a motor vehicle due to failure to take medication as prescribed; and for other purposes.

TUESDAY, FEBRUARY 27, 2001

1449

Referred to the Committee on Special Judiciary.
HB 764. By Representative Golick of the 30th: A BILL to amend Article 6 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of unincorporated islands, so as to provide for objections to defeat such annexations; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 391. By Representatives Stancil of the 16th, Walker of the 141st, Royal of the 164th, Pinholster of the 15th, Shanahan of the 10th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 392. By Representatives Greene of the 158th, Royal of the 164th, Jamieson of the 22nd, Twiggs of the 8th and Murphy of the 18th: A RESOLUTION creating the House Local Assistance Road Program Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 393. By Representatives Pelote of the 149th, Walker of the 141st, Hudson of the 120th, Teague of the 58th, James of the 140th and others: A RESOLUTION designating the Tyrone Brooks Freedom Highway; and for other purposes.

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Referred to the Committee on Transportation.

HR 395. By Representatives Martin of the 47th, Ashe of the 46th, Millar of the 59th and Irvin of the 45th:
A RESOLUTION urging that the Metropolitan Atlanta Rapid Transit Authority Overview Committee (MARTOC) evaluate certain commercial development actions and authority of the Metropolitan Atlanta Rapid Transit Authority (MARTA); and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 402. By Representatives Morris of the 155th and Harbin of the 113th:
A RESOLUTION designating the Gary P. Braddy Highway; and for other purposes.

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 726 HB 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738

HB 741 HB 742 HB 743 HB 744 HR 371 HR 372 HR 388 SB 34 SB 72 SB 94 SB 111 SB 114 SB 132

HB 739 HB 740

TUESDAY, FEBRUARY 27, 2001 SR 170

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Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and 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 152 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 612 Do Pass, by Substitute

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

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

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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 187 Do Pass HR 219 Do Pass

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

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

Mr. Speaker:

Your Committee on State Planning and 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 676 HB 694 HB 702 HB 703 HB 704

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 710 HB 715 SB 89 SB 90

Do Pass Do Pass Do Pass 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 27, 2001

Mr. Speaker and Members of the House:

TUESDAY, FEBRUARY 27, 2001

1453

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 183 HB 375 HB 400 HB 470 HB 472 HB 498
HB 513 HB 581 HB 601

License plates; special tags; retired military persons Georgia Environmental Training and Education Authority; create Local governments; motor vehicle decals; exemption from requirement Health care work force policy advisory committee; provisions Sales tax; exempt sales by Campfire Boys and Girls, Inc. Mental health; regional and substance abuse boards; abolish; transfer functions Contracts; bond provisions; public works Tobacco products; prohibit sales in vending machines Revenue shortfall reserve; change amount

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 694. By Representative Boggs of the 168th:
A BILL to provide for a homestead exemption from certain Ware 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; and for other purposes.

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

SB 89.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an

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amount equal to the amount by which the current year assessed value of a homestead exceeds the 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; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 90.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Smyrna 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Y Randall Y Ray

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner

Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

TUESDAY, FEBRUARY 27, 2001

Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard
Hudgens Y Hudson, N

Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley
Morris Y Mosley

Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 152, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Jamieson of the 22nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 676. By Representatives Coleman of the 80th, Callaway of the 81st and Rice of the 79th:
A BILL to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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HB 702. By Representative Jamieson of the 22nd: A BILL to amend an Act creating a board of commissioners of Stephens County, so as to provide for additional qualifications of members of the board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 4. The Bill, having received the requisite constitutional majority, was passed.
HB 703. By Representative Purcell of the 147th: A BILL to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 4. The Bill, having received the requisite constitutional majority, was passed.
HB 704. By Representative Jamieson of the 22nd: A BILL to amend an Act incorporating the City of Toccoa, so as to provide for additional qualifications of members of the city commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 27, 2001 On the passage of the Bill, the ayes were 122, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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HB 710. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 715. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 9.
The Bill, having received the requisite constitutional majority, was passed.

Representative Smyre of the 136th assumed the chair.

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

Mr. Speaker:

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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 53. By Senators Walker of the 22nd, Stokes of the 43rd, Thomas of the 2nd, Tate of the 38th, Butler of the 55th and others:
A bill to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to enact the "Fair Health Care Billing Act of 2001"; to state legislative findings; to define terms; to provide for obligations and fees under health benefit plans and contractual and other liabilities and standards relating thereto; to limit certain collection and legal actions; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair practices, so as to include among those practices certain violations relating to health care billing; to amend Code Section 33-6-5 of the O.C.G.A., relating to unfair insurance practices, so as to include among those practices certain violations relating to health care billing; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 95. By Senators Ragan of the 11th, Smith of the 25th, James of the 35th, Seabaugh of the 28th, Williams of the 6th and others:
A bill to be entitled an Act 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 create the Agricultural Cost Share Program for Non-point Source Pollution Control; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 107. By Senators Hecht of the 34th, Lee of the 29th, Ray of the 48th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Code Section 16-10-9 of the Official Code of Georgia Annotated, relating to the criminal prohibition against holding of office or employment in more than one branch of government, so as to provide that judges shall not be prohibited from teaching on a part-time basis in postsecondary educational institutions owned or operated by state or local government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 133. By Senators Jackson of the 50th, Smith of the 25th, Ragan of the 11th and Marable of the 52nd:

TUESDAY, FEBRUARY 27, 2001

1459

A bill to be entitled an Act 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 provide that it shall be unlawful for any person by means of telephone communication to verbally harass or use obscene, vulgar, profane, abusive, or threatening language to a communications officer in the performance of his or her duties; to provide that it shall be unlawful for any person to physically harass or obstruct a communications officer in the performance of his or her duties; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hooks of the 14th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to change provisions relating to the name, powers, and operations of the State Tollway Authority; to provide that the new name of the authority shall be the State Road and Tollway Authority; to change provisions relating to use of federal funds and performance of federal duties by the Department of Transportation; to authorize construction of all or parts of the Developmental Highway System by the State Road and Tollway Authority; to amend numerous provisions of the O.C.G.A. so as to change certain references to the State Tollway Authority to reflect the new name of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 180. By Senators Streat of the 19th, Cheeks of the 23rd and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities, bonds or securities requirements for public works contracts, bids by affiliated corporations, and approval of bonds as to form and solvency, so as to change certain provisions relating to applicability; to amend Article 4 of Chapter 2 of Title 32, relating to exercise of the Department of Transportations power to contract generally, so as to change certain provisions relating to bonds of successful bidders; to repeal conflicting laws; and for other purposes.
SB 210. By Senators Tanksley of the 32nd, Thompson of the 33rd, Ray of the 48th, Hecht of the 34th, Meyer von Bremen of the 12th and others:
A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the O.C.G.A., relating to medical information, so as to clarify the procedures for subpoenaing medical records; to provide for legislative

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findings; to reconcile federal privacy regulations with state judicial decisions; to define a certain term; to provide conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena; to provide for notice to a patient who is the subject of medical records being subpoenaed; to provide for objections by patients; to provide for medical records of minors; to amend Chapter 33 of Title 31 of the O.C.G.A., relating to health records, so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
SB 217. By Senators Hecht of the 34th, Dean of the 31st, Walker of the 22nd, Starr of the 44th, Thomas of the 2nd and others:
A bill to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; to require the Public Service Commission to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer; to repeal conflicting laws; and for other purposes.
SB 219. By Senators Ray of the 48th, Balfour of the 9th, Price of the 56th and Burton of the 5th:
A bill to be entitled an Act to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13, 1990 (Ga. L. 1990, p. 3774), as amended, so as to eliminate the 24 month minimum ownership requirement; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 222. By Senators Johnson of the 1st and Thomas of the 2nd:
A bill to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to

TUESDAY, FEBRUARY 27, 2001

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authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 228. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 86. By Senators Burton of the 5th, Thomas of the 54th, Ray of the 48th, Paul of the 40th, Seabaugh of the 28th 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 for any emergency medical service pilot, transport nurse, technician, paramedic, or communications specialist who is employed by a nonprofit corporation or association and who, on or after January 1, 2003, is killed or permanently disabled in the line of duty while at the scene of an emergency or transporting a patient in need of medical care to a medical facility or returning therefrom; to provide that funds may be appropriated and insurance purchased

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for such purpose; to provide for editorial revision; to provide for submission of this amendment for ratification or rejection; and for other purposes.
SR 142. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Walker of the 22nd and Johnson of the 1st:
A resolution creating the Joint Comprehensive Water Plan Study Committee; to create the Water Plan Advisory Committee; and for other purposes.

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

SB 53.

By Senators Walker of the 22nd, Stokes of the 43rd, Thomas of the 2nd, Tate of the 38th, Butler of the 55th and others:
A bill to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to enact the "Fair Health Care Billing Act of 2001"; to state legislative findings; to define terms; to provide for obligations and fees under health benefit plans and contractual and other liabilities and standards relating thereto; to limit certain collection and legal actions; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair practices, so as to include among those practices certain violations relating to health care billing; to amend Code Section 33-6-5 of the O.C.G.A., relating to unfair insurance practices, so as to include among those practices certain violations relating to health care billing; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 95.

By Senators Ragan of the 11th, Smith of the 25th, James of the 35th, Seabaugh of the 28th, Williams of the 6th and others:
A bill to be entitled an Act 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 create the Agricultural Cost Share Program for Non-point Source Pollution Control; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 27, 2001 Referred to the Committee on Agriculture and Consumer Affairs.

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SB 107. By Senators Hecht of the 34th, Lee of the 29th, Ray of the 48th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Code Section 16-10-9 of the Official Code of Georgia Annotated, relating to the criminal prohibition against holding of office or employment in more than one branch of government, so as to provide that judges shall not be prohibited from teaching on a part-time basis in postsecondary educational institutions owned or operated by state or local government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 133. By Senators Jackson of the 50th, Smith of the 25th, Ragan of the 11th and Marable of the 52nd:
A bill to be entitled an Act 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 provide that it shall be unlawful for any person by means of telephone communication to verbally harass or use obscene, vulgar, profane, abusive, or threatening language to a communications officer in the performance of his or her duties; to provide that it shall be unlawful for any person to physically harass or obstruct a communications officer in the performance of his or her duties; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 134. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hooks of the 14th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to change provisions relating to the name, powers, and operations of the State Tollway Authority; to provide that the new name of the authority shall be the State

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Road and Tollway Authority; to change provisions relating to use of federal funds and performance of federal duties by the Department of Transportation; to authorize construction of all or parts of the Developmental Highway System by the State Road and Tollway Authority; to amend numerous provisions of the O.C.G.A. so as to change certain references to the State Tollway Authority to reflect the new name of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 180. By Senators Streat of the 19th, Cheeks of the 23rd and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities, bonds or securities requirements for public works contracts, bids by affiliated corporations, and approval of bonds as to form and solvency, so as to change certain provisions relating to applicability; to amend Article 4 of Chapter 2 of Title 32, relating to exercise of the Department of Transportations power to contract generally, so as to change certain provisions relating to bonds of successful bidders; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 210. By Senators Tanksley of the 32nd, Thompson of the 33rd, Ray of the 48th, Hecht of the 34th, Meyer von Bremen of the 12th and others:
A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the O.C.G.A., relating to medical information, so as to clarify the procedures for subpoenaing medical records; to provide for legislative findings; to reconcile federal privacy regulations with state judicial decisions; to define a certain term; to provide conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena; to provide for notice to a patient who is the subject of medical records being subpoenaed; to provide for objections by patients; to provide for medical records of minors; to amend Chapter 33 of Title 31 of the O.C.G.A., relating to health records, so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 27, 2001 Referred to the Committee on Judiciary.

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SB 217. By Senators Hecht of the 34th, Dean of the 31st, Walker of the 22nd, Starr of the 44th, Thomas of the 2nd and others:
A bill to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; to require the Public Service Commission to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer; to repeal conflicting laws; and for other purposes.

2/27/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 217. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Skipper District 137

Referred to the Committee on Industry.

SB 219. By Senators Ray of the 48th, Balfour of the 9th, Price of the 56th and Burton of the 5th:
A bill to be entitled an Act to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13, 1990 (Ga. L. 1990, p. 3774), as amended, so as to eliminate the 24 month minimum

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ownership requirement; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

SB 222. By Senators Johnson of the 1st and Thomas of the 2nd:
A bill to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 228. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.

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

TUESDAY, FEBRUARY 27, 2001

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SB 237. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SR 86.

By Senators Burton of the 5th, Thomas of the 54th, Ray of the 48th, Paul of the 40th, Seabaugh of the 28th 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 for any emergency medical service pilot, transport nurse, technician, paramedic, or communications specialist who is employed by a nonprofit corporation or association and who, on or after January 1, 2003, is killed or permanently disabled in the line of duty while at the scene of an emergency or transporting a patient in need of medical care to a medical facility or returning therefrom; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for editorial revision; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Appropriations.

SR 142. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Walker of the 22nd and Johnson of the 1st:
A resolution creating the Joint Comprehensive Water Plan Study Committee; to create the Water Plan Advisory Committee; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

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

HR 187. By Representatives Cox of the 105th, Franklin of the 39th, Sanders of the 107th, Brown of the 130th, Westmoreland of the 104th and others:
A RESOLUTION commending Andrew Thompson Roy and inviting him to appear before the House of Representatives; and for other purposes.

HR 219. By Representatives Ray of the 128th, Walker of the 141st, Bohannon of the 139th and Floyd of the 138th:
A RESOLUTION commending Major General Dennis G. Haines, Commander, Warner Robins Air Logistics Center, Robins Air Force Base, and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 404. By Representative Coan of the 82nd:
A RESOLUTION commending Dr. Larry W. Anderson, D.O.; and for other purposes.

HR 405. By Representatives Holland of the 157th and Teper of the 61st:
A RESOLUTION to commemorate the occasion of the United States Citizenship of Miss Alina Valerie Poston; and for other purposes.

TUESDAY, FEBRUARY 27, 2001

1469

HR 406. By Representatives Holland of the 157th and Teper of the 61st:
A RESOLUTION to commemorate the occasion of the United States Citizenship of McCracken Vaughn (Mac) Poston; and for other purposes.

The following Resolution of the House was read:

HR 407. By Representatives Murphy of the 18th, Walker of the 141st, Smyre of the 136th, Coleman of the 142nd and Skipper of the 137th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Tuesday, February 27, 2001, and shall reconvene on Thursday, March 1, 2001. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.
BE IT FURTHER RESOLVED that for the remainder of the 2001 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and reconvene on the following Monday. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner

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Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Everett Y Floyd
Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall
Hembree Henson Y Hines Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

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.

The Speaker Pro Tem assumed the Chair.

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 375. By Representatives Shaw of the 176th, Crawford of the 129th, McCall of the 90th, Borders of the 177th, Jamieson of the 22nd and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Training and Education Authority; and for other purposes.

TUESDAY, FEBRUARY 27, 2001 The following amendments were read and adopted:

1471

The Committee on Natural Resources and Environment moves to amend House Bill 375 by inserting following line 3 of page 8 the following:
"(f) The authority shall not incur bonded indebtedness exceeding $1 million."

Representative Shaw of the 176th moves to amend HB 375 by striking lines 18 and 19 of page 2 and inserting in lieu thereof the following:
"The purposes for which the authority is founded shall be to enhance and expand the state's ability to provide basic and advanced training and education and, where applicable, to certify persons in the following areas without replacing any existing mechanisms for accomplishing this training:"
By striking on line 4 of page 8 the designation "50-23-9" and inserting in lieu thereof the designation "50-35-9".
By striking on line 1 of page 9 the designation "50-23-12" and inserting in lieu thereof the designation "50-35-12".
By striking on line 9 of page 9 the designation "50-23-13" and inserting in lieu thereof the designation "50-35-13".

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 Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges

Y Cox Y Crawford Y Cummings N Davis E Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce N Kaye Y Keen N Knox

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens

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Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Reed N Reese Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix N Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 15.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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

HR 408. By Representative Bannister of the 77th:
A RESOLUTION commending the members and coaches of the Trickum Middle School Academic Bowl Team and inviting them to appear before the House of Representatives; and for other purposes.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, FEBRUARY 27, 2001 AFTERNOON SESSION

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The Speaker called the House to order.

The following Resolutions of the House were read:

HR 414. By Representative Mosley of the 171st:
A RESOLUTION expressing regret at the passing of Honorable Arnold Lamar Long; and for other purposes.

HR 415. By Representatives Stephens of the 150th, Graves of the 125th, Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A RESOLUTION declaring February 21, 2001, as Pharmacy Day at the State Capitol and commending the Georgia Pharmacy Association and its members for 126 years of service to the patients of Georgia.

HR 416. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A RESOLUTION honoring the memory of Holmes Hawkins Sr. and expressing regret at his passing; and for other purposes.

HR 417. By Representatives Parsons of the 40th, Manning of the 32nd, Franklin of the 39th, Johnson of the 35th and Cooper of the 31st:
A RESOLUTION congratulating the Walton High School Lady Raiders Volleyball Team; and for other purposes.

HR 418. By Representative Rogers of the 20th:
A RESOLUTION expressing regret at the passing of John Jarrard; and for other purposes.

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HR 419. By Representatives Parsons of the 40th and Johnson of the 35th: A RESOLUTION commending Patti DiTuri; and for other purposes.

HR 420. By Representatives Houston of the 166th, Greene of the 158th and Stallings of the 100th:
A RESOLUTION expressing congratulations to the family on the birth of Rheanna Alise Lanier; and for other purposes.

HR 421. By Representative Mosley of the 171st: A RESOLUTION commending Mr. Denzil Thomas; and for other purposes.

HR 422. By Representatives Stancil of the 16th and Scheid of the 17th:
A RESOLUTION commending Representative Garland F. Pinholster; and for other purposes.

HR 423. By Representative Pinholster of the 15th:
A RESOLUTION recognizing and commending Julie Ann Brennan; and for other purposes.

HR 424. By Representative Pinholster of the 15th:
A RESOLUTION recognizing and commending Don Stafford; and for other purposes.

HR 425. By Representatives Pelote of the 149th, Jackson of the 148th and Bordeaux of the 151st:
A RESOLUTION expressing sympathy regarding the passing of Rev. Johnnie B. Kennedy; and for other purposes.

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HR 426. By Representative Pelote of the 149th:
A RESOLUTION honoring the memory of Gary Blake and expressing regret at his passing; and for other purposes.

HR 427. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Joseph "Reason" Rivers, Jr.; and for other purposes.

HR 428. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A RESOLUTION recognizing and commending Joyce Amico; and for other purposes.

HR 429. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:
A RESOLUTION recognizing Ms. Linda Parker as a leader in the Republican Party; and for other purposes.

HR 430. By Representative West of the 101st:
A RESOLUTION recognizing and commending Firefighter Billy House; and for other purposes.

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black

Y Cox Crawford
Y Cummings Davis Day Dean
Y Deloach, B Y Deloach, G Y Dix Y Dodson

Y Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson

Mueller Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell

Smith, C Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Smyre Snelling Snow Y Squires

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Boggs E Bohannon
Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown
Buck Buckner Bulloch Y Bunn Burkhalter Y Burmeister Y Byrd Y Callaway Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Coleman, T Collins Y Connell Cooper

JOURNAL OF THE HOUSE

Y Drenner Dukes
Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Maddox Mangham E Mann Y Manning Y Martin Y Massey Y McBee McCall McClinton Y McKinney Millar Y Mills Mobley Morris Y Mosley

Y Purcell Ragas Randall Ray Reece Reed
Y Reese Reichert
Y Rice Richardson
Y Roberts, D Roberts, L
Y Rogers Y Royal
Sailor Sanders Y Scheid Scott Y Seay Y Shanahan Y Shaw Sholar Sims Y Sinkfield Y Skipper Smith, B

Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Wilkinson Y Willard Williams Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 109, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Burkhalter of the 41st, Davis of the 60th, and Teper of the 61st 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 470. By Representatives Channell of the 111th, Parrish of the 144th, Porter of the 143rd, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to permit the department to appoint a health care work force policy advisory committee and to receive gifts and donations; to amend Article 6 of Chapter 8 of Title

TUESDAY, FEBRUARY 27, 2001

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31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund; to amend Code Section 43-34-24.1 of the Official Code of Georgia Annotated, relating to investigators for the Composite State Board of Medical Examiners; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders
Bridges Y Brooks
Broome Y Brown
Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell
Cooper

Y Cox Crawford
Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey
McBee Y McCall
McClinton Y McKinney
Millar Y Mills
Mobley Y Morris Y Mosley

Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Randall Ray Y Reece Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Y Shaw Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Ray of the 128th 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 472. By Representatives Martin of the 47th and Jamieson of the 22nd:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide an exemption for certain food and beverage sales by units of the Campfire Boys and Girls, Inc.; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey

Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Rogers Y Royal Y Sailor Y Sanders Scheid

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 27, 2001

Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McBee Y McCall
McClinton Y McKinney
Millar Y Mills
Mobley Morris Y Mosley

Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Y Smith, B

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Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 513. By Representative Shanahan of the 10th:
A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to define a certain term; to provide for the approval and filing of bonds for certain public works contracts; to provide bonding requirements for certain public works contracts; to provide for bid bonds; to provide for cash in lieu of bonds; to provide for the withdrawal of bids; to provide for affiliated corporations bidding on the same project; to provide for actions on bid bonds; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to define a certain term; to provide for the approval and filing of bonds for certain public works contracts; to provide bonding requirements for certain public works contracts; to provide for bid bonds; to provide for cash in lieu of bonds; to provide for the withdrawal of bids; to provide for affiliated corporations bidding on the same project; to provide for actions on bid bonds; to provide for performance bonds; to provide for acceptable substitutes for performance bonds; to provide for actions on performance bonds; to provide for payment bonds; to provide for the liability of the contracting party to subcontractors; to provide for notice of commencement of work; to provide for the rights of persons protected by payment bonds; to provide that the state shall not be a party to

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any related action; to provide for the availability of copies of payment bonds and security deposit agreements; to provide a time limitation for certain actions; to provide that certain requirements relating to public works contracts shall not apply to hospital authorities except in certain circumstances; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain references contained therein to comply with the changes wrought by this Act; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain references contain therein; to reorganize the structure of certain portions of such title; to provide that certain requirements relating to public works contracts shall not apply to hospital authorities except in certain circumstances; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and the disclosure of exempting legal authority, so as to change certain references to other Code sections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by striking in its entirety Chapter 10, relating to contracts for public works, and inserting in lieu thereof the following:
"CHAPTER 10 ARTICLE 1 Part 1
13-10-1. (a)(1) If the state or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state 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 or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation. (2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state or any public board or body thereof may accept a cashiers check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms

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of the contract payable to and for the protection of the state 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 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: (1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state 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; (2)(A) A payment bond with good and sufficient surety or sureties, payable to the state 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.

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(B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state or any public board or body thereof may accept a cashiers 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 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 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 defined 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)(1) 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 or public board or body thereof who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bids being accepted.
13-10-2. (a) As used in this Code section, the term:
(1) 'Contractor' means a person having a direct contract with the owner. (2) 'Lower tier subcontractor' means a person other than a contractor having a direct contract with a subcontractor. (3) 'Owner' means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, agency, instrumentality, or political subdivision of the state. (4) 'Owners authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as

TUESDAY, FEBRUARY 27, 2001

1483

designated in the contract documents as the party representing the owners interest regarding administration and oversight of the project. (5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor. (b) In any contract for the performance of any construction project entered into on or after July 1, 1985, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following: (1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and at the owners discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owners authorized contract representative when allowed by the contract documents, less retainage; and
(2)(A) Retainage to a maximum of 10 percent of each progress payment; provided, however, that, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owners authorized contract representative, the owner shall withhold no more retainage. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his work. (B) If, after discontinuing the retention, the owners authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly. (C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owners authorized contract representative determines the work to be reasonably satisfactory, the owner shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the owners authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear. (D) The contractor shall, within ten days from the contractors receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractors retainage in the same manner as the contractors retainage is reduced by the owner, provided that the value of each subcontractors work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided,

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further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty work as the contractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond. (E) The subcontractor shall, within ten days from the subcontractors receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractors retainage in the same manner as the subcontractors retainage is reduced by the contractor, provided that the value of each lower tier subcontractors work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty work as the subcontractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond. (c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration. (d) Contract and subcontract provisions inconsistent with the benefits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only. (e) Nothing shall preclude a payor under this Code section, prior to making a payment, from requiring the payee to submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid. 13-10-1. As used in this article, the term 'state' means the state of Georgia, any agency of the state, and any state authority.
13-10-2. (a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a state 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 in such bond. At the option of the state, 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

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Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasurys list of approved bond sureties. (2) Any bid bond, performance bond, or payment bond required by this chapter shall be approved as to form and as to the solvency of the surety by an officer of the state or the agency or authority of the state negotiating the contract on behalf of the state. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of a payment bond or a performance bond, 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 (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.
Part 2
13-10-20. (a) Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public board or body of the state 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 13-1022 and 13-10-23, a bid may not be revoked or withdrawn until 60 days after the time set by the state or any public board or body of the state for opening of bids. Upon expiration of such 60 day time period, the bid will cease to be valid, unless the bidder provides written notice to the state prior to the scheduled expiration date that the bid will be extended for a time period specified by the state. (c) In the case of competitive sealed proposals, the state shall advise offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the state to be unlikely of being selected for contract award shall be released from his or her proposal. (d) If the state requires a bid bond for any public works construction contract, no bid or proposal for a contract with the state shall be valid for any purpose unless the contractor gives a bid bond with good and sufficient surety or sureties approved by the state. The bid bond shall be in the amount of not less than 5 percent of the total amount payable

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by the terms of the contract. No bid or proposal shall be considered if a proper bid bond or other security authorized in Code Section 13-10-21 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.
13-10-21. (a) In lieu of the bid bond provided for in Code Section 13-10-20, the state may accept a cashiers 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. (b) When the amount of any bid bond required under this article does not exceed $300,000.00, the state 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 13-10-20.
13-10-22. (a) As used in this Code section, the term 'bid' shall include proposals and the term 'bidder' shall include offerors. (b) When receiving bids subject to this article, the state 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 state or the agency or authority of the state 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 state or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted. (c) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (b) 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

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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. (d) No bidder who is permitted to withdraw a bid pursuant to subsection (b) 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.
13-10-23. (a) As used in this Code section, the term:
(1) 'Affiliated corporation' means, with respect to any corporation, any other corporation related thereto:
(A) As a parent corporation; (B) As a subsidiary corporation; (C) As a sister corporation; (D) By common ownership or control; or (E) By control of one corporation by the other. (2) The term 'bid' shall include proposals. (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 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 article of each affiliated corporation rescinding or revoking its bid shall be forfeited.
13-10-24. 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 state.
Part 3
13-10-40. Except as otherwise provided in Title 32, performance bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state may require a performance bond for 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 gives such performance bond. The performance bond

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shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the contract amount is increased.
13-10-41. When the amount of the performance bond required under this article does not exceed $300,000.00, the state 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.
13-10-42. 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 state.
Part 4
13-10-60. Except as otherwise provided in Title 32, payment bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state 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 gives such payment bond; provided, however, that in lieu of such payment bond, the state, in its discretion, may accept a cashiers check, certified check, or cash 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. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the state as the contract amount is increased.
13-10-61. If a payment bond or security deposit 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 supplying labor, materials, machinery, or equipment 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.
13-10-62. (a) The contractor furnishing the payment bond or security deposit shall post on the

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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 such subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 13-10-63 inapplicable to such 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 state or the agency or authority of the state 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 the contractor requirements of paragraph (1) of subsection (a) of Code Section 13-10-63 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 state and the name of the contractor as contained in the notice of commencement.
13-10-63. (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 materials 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 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 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 not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving

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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 or statutory overnight delivery, 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 13-10-62 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 state or the agency or authority of the state for which the work was done or was to be done a party to such action.
13-10-64. 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

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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.
13-10-65. 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 state or the agency or authority of the state for which the work was done or was to be done being made a party thereto.
ARTICLE 2
13-10-20. 13-10-80. (a) As used in this Code section, the term:
(1) 'Contractor' means a person having a direct contract with the owner. (2) 'Lower tier subcontractor' means a person other than a contractor having a direct contract with a subcontractor. (3) 'Owner' means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, agency, instrumentality, or political subdivision of the state. (4) 'Owners authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owners interest regarding administration and oversight of the project. (5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor. (b) In any public works construction contract entered into on or after July 1, 2001, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following: (1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site and at the owners discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owners authorized contract representative when allowed by the contract documents, less retainage; and

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(2) (A) Retainage to a maximum of 10 percent of each progress payment; provided, however, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owners authorized contract representative, the owner shall withhold no more retainage. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. (B) If, after discontinuing the retention, the owners authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly. (C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owners authorized contract representative determines the work to be reasonably satisfactory, the owner shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the owners authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear. (D) The contractor shall, within ten days from the contractors receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractors retainage in the same manner as the contractors retainage is reduced by the owner; provided, however, that the value of each subcontractors work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (E) The subcontractor shall, within ten days from the subcontractors receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractors retainage in the same manner as the subcontractors retainage is reduced by the contractor; provided, however, that the value of each lower tier subcontractors work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued

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performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration. (d) Contract and subcontract provisions inconsistent with the benefits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only. (e) Nothing shall preclude a payor under this Code section, prior to making a payment, from requiring the payee to submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid.
13-10-81. (a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instrumentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. Retainage shall be invested at the current market rate and any interest earned on the retained amount by such department, agency, or instrumentality of the state or any political subdivision of the state shall be paid to the contractor when the project has been completed within the time limits specified and for the price specified in the contract, or in any amendments or change orders approved in accord with the terms of the contract, as certified pursuant to subsection (b) of this Code section. (b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and

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is accepted in accordance with the contract, plans, and specifications. Payment to the contractor of interest earned on the retained amounts shall be made after certification by the engineer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract. (c) At substantial completion of the work and as the governmental entitys authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the governmental entitys authorized contract representative shall be withheld until such item or items are completed.
13-10-21. 13-10-82. (a) In lieu of the retained amounts provided for in Code Section 13-10-20 Section 1310-81, any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert a clause in the specifications of all contracts provided for in Code Section 13-10-20 Section 13-10-81, providing for an alternate procedure for the maintenance of an escrow account in an amount at least equal to the amount authorized to be retained by the contract. (b) Any such escrow agreement entered into pursuant to this Code section must contain as a minimum the following provisions:
(1) Only state or national banks chartered within the State of Georgia may serve as an escrow agent; (2) The escrow agent must limit the investment of funds of the contractor held in escrow in lieu of retained amounts provided for in Code Section 13-10-20 Section 1310-81 to negotiable certificates of deposits issued by any state or national bank in the State of Georgia (including, but not limited to, certificates of deposit issued by the bank acting as escrow agent) registered in the name of the escrow agent as such under escrow agreement with the contractor; (3) As interest on certificates of deposits deposit held in escrow becomes due, it shall be collected by the escrow agent and paid to the contractor; (4) The escrow agent shall promptly acknowledge to the appropriate fiscal officer the amount and value of the escrow account held by the escrow agent, and any additions to the escrow account shall be reported immediately. Withdrawals from the escrow account shall only be made subject to the written approval of the fiscal officer of the department, agency, or instrumentality of the state or any political subdivision entering into the contract; (5) Upon default or overpayment of any contract subject to the procedure provided for in this Code section and upon the written demand of the fiscal officer provided for in paragraph (4) of this subsection, the escrow agent shall within ten days deliver a certified check to the appropriate fiscal officer in the amount of the escrow account balance relating to the contract in default;

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(6) The escrow account may be terminated upon completion and acceptance of the contract as provided for in Code Section 13-10-20 Section 13-10-81; (7) All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and, if not paid, shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom; (8) The escrow account shall constitute a specific pledge to the state or any political subdivision and the contractor shall not, except to his or her surety, otherwise assign, pledge, discount, sell, or transfer his or her interest in said escrow account, the funds in of which shall not be subject to levy, garnishment, attachment, or any other process whatsoever; and (9) The form of the escrow agreement and provisions thereof in compliance with this Code section, as well as such other provisions as the appropriate fiscal officer shall from time to time prescribe, shall be subject to written approval of the fiscal officer. The approval of the escrow agreement by the appropriate fiscal officer shall authorize the escrow agent to accept appointment in such capacity. (c) The department, agency, or instrumentality of the state or political subdivision of this state shall not be liable to the contractor or his or her surety for the failure of the escrow agent to perform under the escrow agreement or for the failure of any bank to honor certificates of deposit issued by it which are held in the escrow account.
13-10-22. 13-10-83. Nothing in this article shall be construed or deemed to affect any contract covered by the provisions of Code Sections 32-2-75 through 32-2-77."
SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking in its entirety Code Section 32-2-70, relating to bonds of successful bidders on certain state contracts, and inserting in lieu thereof the following:
"32-2-70. Where the contract price exceeds $5,000.00, no department construction contract shall be valid unless the contractor first shall give gives:
(1) The performance and payment bonds in accordance with Chapter 10 of Title 13 required by Code Section 36-82-101; and (2) Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies."
SECTION 3. Said title is further amended by striking in its entirety Code Section 32-2-72, relating to oaths by successful bidders on certain contracts, and inserting in lieu thereof the following:
"32-2-72. A successful bidder, before commencing the work, shall execute a written oath, as

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required by subsection (e) of Code Section 36-91-40 36-91-21, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding."
SECTION 4. Said title is further amended by striking in its entirety Code Section 32-4-69, relating to bonds of successful bidder generally, and inserting in lieu thereof the following:
"32-4-69. Notwithstanding any provision of Code Section 36-91-22 Chapter 91 of Title 36 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 gives: (1) A performance bond that meets the requirements established in Parts 1 and 3 of Article 3 of Chapter 91 of Title 36 in the amount of the bid, with one good and solvent security surety, 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 A payment bond that meets the requirements established in Parts 1 and 4 of Article 3 of Chapter 91 of Title 36 required by subsection (g) of Code Section 36-91-21; and (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 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 324-71, relating to failure to take bonds and liability of counties, 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 36-91-22 Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond."
SECTION 6. Said title is further amended by striking in its entirety Code Section 32-4-73, relating to oaths by successful bidders on certain contracts, 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 subsection (e) of Code Section 36-91-40 36-91-21, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding."
SECTION 7. Said title is further amended by striking in its entirety Code Section 32-4-74, relating to the applicability of other laws to this Part 2 of Article 3 of Chapter 4 of such title, and

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inserting in lieu thereof the following: "32-4-74. Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part; and the term "public works," as used in Chapter 91 of Title 36, shall be construed to include public roads, as defined in Code Section 32-1-3."
SECTION 8. Said title is further amended by striking in its entirety Code Section 32-4-119, relating to bonds of successful bidders on certain contracts, and inserting in lieu thereof the following:
"32-4-119. Where Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract of a municipality shall be valid unless the contractor first shall give gives:
(1) The A performance and payment bonds bond which meets the requirements of Parts 1, 3, and 4 of Article 3 of Chapter 91 of Title 36, required by Code Section 3682-101; and (2) Such other bonds or insurance policies required by the municipality in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies and bonds to maintain in good condition such completed construction for a period of not less than five years."
SECTION 9. Said title is further amended by striking in its entirety Code Section 32-4-120, relating to the failure to take bonds and the liability of municipalities, 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 36-91-22 Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond."
SECTION 10. Said title is further amended by striking in its entirety Code Section 32-4-123, relating to the applicability of other laws to Part 2 of Article 4 of Chapter 4 of such title, and inserting in lieu thereof the following:
"32-4-123. Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part."
SECTION 11. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-39-8, relating to a resolution letting

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contract for certain improvements following the time for protests or filing of petition, and inserting in lieu thereof the following:
"36-39-8. 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 Section 36-91-22 Part 3 of Article 3 of Chapter 91 of this title, 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 12. Said title is further amended by striking in its entirety Chapter 91, relating to public works bidding, and inserting in lieu thereof the following:
"CHAPTER 91 Article 1
36-91-1. This chapter shall be known and may be cited as the 'Georgia Local Government Public Works Construction Law.' 36-91-2. 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. (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

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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 3691-21. (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, or a public transportation agency as defined by Chapter 9 of Title 32. (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 offeror' 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 offeror' 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. (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 authoritys 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:
(1) place Place the bidder or offeror at risk for construction; and (2) require Require labor and or 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 and to waive technicalities and informalities. (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, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article.

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(f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerors; 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; (3) Any prequalification process must include a method of notifying prospective bidders or offerors 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; provided, however, that such procedure shall not be construed to require the governmental entity to provide a formal appeals procedure.
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) (1) In making any competitive sealed proposal, a governmental entity shall:
(A) Publicly advertise a request for proposals, which request shall include conceptual program information 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 the 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 offerors 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,

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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, offerors 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. In accordance with the request for proposals, all responsible offerors found by the governmental entity to have submitted proposals reasonably 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 offerors. (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

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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. (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 Except as otherwise provided in Chapter 4 of Title 32, 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. (i) The requirements of this chapter shall not apply to hospital authorities; provided, however, that a public works construction contract entered into by a hospital authority shall be subject to the requirements of this chapter if, in connection with such contract, the hospital authority either:

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(1) Incurs indebtedness and secures such indebtedness by pledging amounts to be received by such authority from one or more counties or municipalities through an intergovernmental contract entered into in accordance with Code Section 31-7-85; or (2) Receives funds from the state or one or more counties or municipalities for the purpose of financing a public works construction project, which moneys are not for reimbursement of health services provided.
ARTICLE 3 Part 1
36-91-40. (a) (1) 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 Treasurys 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 (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.
Part 2
36-91-41. 36-91-50. (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;

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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 36-91-52 and 36-91-44 36-91-53, 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 offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror 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 36-91-51 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. 36-91-51. (a) In lieu of the bid bond provided for in Code Section 36-91-41 36-91-50, the governmental entity may accept a cashiers 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 36-91-50.
36-91-43. 36-91-52. (a) As used in this Code section, the term 'bid' includes proposal and the term 'bidder' includes offeror.

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(a) (b) 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) (c) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (a) (b) 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) (d) No bidder who is permitted to withdraw a bid pursuant to subsection (a) (b) 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. 36-91-53. (a) As used in this Code section, the term:
(1) 'corporation' 'Affiliated corporation' means, with respect to any corporation, any other corporation related thereto:
(1) (A) As a parent corporation; (2) (B) As a subsidiary corporation; (3) (C) As a sister corporation; (4) (D) By common ownership or control; or (5) (E) By control of one corporation by the other. (2) The term 'bid' includes proposals. (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 for a higher amount and the contract is awarded at such higher amount to such other

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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. 36-91-54. 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 Part 3
36-91-50. 36-91-70. 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 contract amount is increased.
36-91-51. 36-91-71. 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 71-4, in the amount of and in lieu of the bond otherwise required under this article.
36-91-52. 36-91-72. 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 Part 4

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36-91-70. 36-91-90. 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 cashiers 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. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the governmental entity as the contract amount is increased.
36-91-71. 36-91-91. 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. 36-91-92. (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 36-91-93 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;

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(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 36-91-93 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. 36-91-93. (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 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 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 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, or statutory overnight delivery, 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

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(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 36-91-92 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.
36-91-74. 36-91-94. 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. 36-91-95. 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

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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 13. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and the disclosure of exempting legal authority, is amended by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6)(A) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned; and engineers (B) Engineers cost estimates and pending, rejected, or deferred bid bids or proposals until such time as the final award of the contract is made, either or the project is terminated or abandoned. The provisions of this subparagraph shall apply whether the bid or proposal is received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, or by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or by a governmental entity pursuant to Article 2 of Chapter 91 of Title 36;"
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner

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Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills
Mobley Morris Y Mosley

Y Reece Reed
Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 400. By Representatives Shanahan of the 10th, Royal of the 164th and Skipper of the 137th:
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 provide for additional exclusions with respect to certain vehicle decal or display requirements; and for other purposes.

The following Committee substitute was read:

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 provide for additional exclusions with respect to certain vehicle decal or

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display requirements; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by striking Code Section 36-80-20, relating to vehicle decal or seal display requirements, and inserting in its place a new Code Section 36-80-20 to read as follows:
"36-80-20. (a) Every motor vehicle which is owned or leased by any county, municipality, regional development center, county or independent school system, commission, board, or public authority or which has been purchased or leased by any public official or public employee with public funds shall have affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. (b) The requirements of subsection (a) of this Code section shall not apply to:
(1) Any any vehicle used for law enforcement or prosecution purposes; or (2) Any any vehicle owned or leased by a county or municipality expressly excepted from the provisions of this Code section by a resolution or ordinance adopted by the governing authority of a county or municipality following a public hearing on the subject held no more than 14 days prior to the adoption of the ordinance or resolution; or (3) Any vehicle owned or leased by any regional development center, county or independent school system, commission, board, or public authority expressly excepted from the provisions of this Code section by a resolution or ordinance adopted by the governing authority or board of such entity following a public hearing on the subject held no more than 14 days prior to the adoption of such resolution or ordinance. Any such exemption under this paragraph shall be for a period of no more than 12 months at a time and may be renewed annually following a public hearing as required by this paragraph. Any such public hearing shall be advertised one time in the legal organ of the county at least seven days prior to the hearing date."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

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Representatives Walker 141st, Westmoreland of the 104th, Smith of the 12th, Coleman of the 142nd, and Stallings of the 100th move to amend the Committee substitute to HB 400 as follows:
By deleting lines 21, page 1 through line 7, page 2 and substituting in lieu thereof the following:
"(2) Any vehicle owned and leased by a public housing authority expressly excepted from the provisions of this code section by resolution adopted by the authority following a public hearing on the subject held no more than 14 days prior to the adoption of the resolution. Any such public hearing shall be advertised one time in the legal organ of the county at least seven days prior to the hearing date. Any such exemption under this paragraph shall be for a period of no more than 12 months at a time and may be renewed annually following a public hearing as required by this paragraph and advertisement as required by this paragraph."

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 Allen Amerson
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

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

TUESDAY, FEBRUARY 27, 2001

Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Amerson of the 7th 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 601. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
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; and for other purposes.

The following amendment was read:

Representative Kaye of the 37th moves to amend HB 601 as follows: P. 1, line 11, delete "5" and change to "6."

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard
Barnes N Bell N Birdsong N Black N Boggs E Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome N Brown
Buck N Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston Y Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid
Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V
Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman
Turnquest N Twiggs
Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 62, nays 104. The amendment was lost.

Representative Howard of the 118th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

TUESDAY, FEBRUARY 27, 2001

1517

The report of the Committee, which was favorable to the 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 581. By Representatives Smith of the 175th, Royal of the 164th, Buck of the 135th, Shanahan of the 10th and Irvin of the 45th:

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A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to prohibit the sale or distribution of any tobacco product through a vending machine; to provide for legislative findings and purposes; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for a compensation account; and for other purposes.

Representative Stancil of the 16th moved that HB 581 be placed upon the table.

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

Y Allen Y Amerson Y Anderson N Ashe
Bannister Y Barnard
Barnes Y Bell Y Birdsong N Black Y Boggs E Bohannon Y Bordeaux N Borders
Bridges N Brooks N Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan
Coleman, B Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes Y Houston Y Howard Y Hudgens N Hudson, N

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning N Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley N Morris Y Mosley

Y Mueller Y Orrock N Parham
Parrish N Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell Y Ragas Y Randall N Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay N Shanahan Y Shaw Y Sholar
Sims Y Sinkfield N Skipper N Smith, B

N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor
Teague N Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 115, nays 48.

TUESDAY, FEBRUARY 27, 2001

1519

The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 174. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2000-2001; and for other purposes.
By unanimous consent, all remaining Bills on the Calendar were postponed until Thursday, March 1, 2001.
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 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 686 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

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Representative Smith of the 12th 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 68 Do Pass

Respectfully submitted, /s/ Smith of the 12th
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 127 HB 289 HB 337 HB 360 HB 478 HB 569 HB 597

Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

HB 646 HB 681 HB 696 HB 701 HB 737 SB 94

Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass

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

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

TUESDAY, FEBRUARY 27, 2001

1521

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 134 Do Pass, by Substitute HB 369 Do Pass, by Substitute HB 407 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and 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 216 Do Pass HB 238 Do Pass HB 290 Do Pass

HB 376 Do Pass HB 553 Do Pass HB 558 Do Pass

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

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

Mr. Speaker:

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The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 407. By Representatives Murphy of the 18th, Walker of the 141st, Smyre of the 136th, Coleman of the 142nd and Skipper of the 137th:
A RESOLUTION relative to adjournment; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 1, 2001.

THURSDAY, MARCH 1, 2001

1523

Representative Hall, Atlanta, Georgia Thursday, March 1, 2001
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 William B. Blount, Sr., Pastor, Greater Young Zion Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 765. By Representative James of the 140th:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development; and for other purposes.
Referred to the Committee on Retirement.
HB 766. By Representatives Ragas of the 64th, Bordeaux of the 151st and Martin of the 47th:
A BILL to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Warranty Rights Act," so as to change the definitions of new motor vehicle and reasonable offset for use; to provide new provisions for reasonable offset for use in certain lease situations; to clarify consumers' and manufacturers' obligations and appeal rights after a decision by the arbitration panel; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 767. By Representatives Snow of the 2nd, Smith of the 175th and Stancil of the 16th:
A BILL to amend Code Section 50-3-4 of the Official Code of Georgia Annotated, relating to duties of the Secretary of State with respect to the state flag, so as to provide that the Secretary of State shall provide an appropriate state flag for the funerals of certain state officers and certain state and local employees; and for other purposes.
Referred to the Committee on Rules.

THURSDAY, MARCH 1, 2001

1525

HB 768. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL to provide for the filling of vacancies in the office of sheriff of Cherokee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 769. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Cherokee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 770. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL creating the Cherokee County Local Government and Education Study Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 771. By Representatives Dix of the 76th, Unterman of the 84th, Massey of the 86th, Rice of the 79th and Coleman of the 80th: A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each circuit, so as to create a new eighth judgeship for the Gwinnett Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

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HB 772. By Representatives Sims of the 167th, Lewis of the 14th, Stokes of the 92nd and Mosley of the 171st:
A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to continuing education; to provide qualifications for licensure as an electrical contractor, plumber, or conditioned air contractor; and for other purposes.
Referred to the Committee on Industry.
HB 773. By Representatives Johnson of the 35th, Hines of the 38th, Cooper of the 31st, Manning of the 32nd, Parsons of the 40th 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 774. By Representatives Snelling of the 99th and Hudgens of the 24th:
A BILL to provide for character education for certain state officials and employees; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education; to amend Code Section 28-11-4 of the Official Code of Georgia Annotated, relating to availability of instructional classes and courses for members of the General Assembly; to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's powers and duties generally; and for other purposes.
Referred to the Committee on Education.

THURSDAY, MARCH 1, 2001

1527

HB 775. By Representatives Snelling of the 99th, Hudgens of the 24th and Epps of the 131st:
A BILL to provide for character education for certain state officials and employees; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education; to amend Code Section 28-11-4 of the Official Code of Georgia Annotated, relating to availability of instructional classes and courses for members of the General Assembly; to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's powers and duties generally; and for other purposes.
Referred to the Committee on Education.
HB 776. By Representatives Barnard of the 154th and Reichert of the 126th:
A BILL to amend Code Section 44-3-225 of the Official Code of Georgia Annotated, relating to assessment of expenses by certain property owners' associations, so as to provide that certain instruments relating to assessments by property owners' associations shall provide that assessments for maintenance or repair of roads or streets providing common access to the property shall apply to every lot owner; and for other purposes.
Referred to the Committee on Judiciary.
HB 777. By Representative Royal of the 164th:
A BILL to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the homestead option sales and use tax, so as to define additional terms; to authorize the proceeds of such tax to be used in part for certain municipal capital outlay projects; to specify when a referendum election on imposition of the tax may be called; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 778. By Representative Pinholster of the 15th:
A BILL to amend an Act providing a new charter for the City of Jasper in Pickens County, so as to change the corporate boundaries; and for other purposes.

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

HB 779. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Carlton; and for other purposes.

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

HB 780. By Representatives Buckner of the 95th, Dodson of the 94th, Seay of the 93rd and Jordan of the 96th:
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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 781. By Representative Powell of the 23rd:
A BILL to provide a new charter for the City of Carnesville; and for other purposes.

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

THURSDAY, MARCH 1, 2001

1529

HB 782. By Representatives Massey of the 86th, Richardson of the 26th, Coan of the 82nd, Davis of the 60th, Stokes of the 92nd and others:
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 provide a short title; to provide that no judge or Justice of any court, magistrate, or presiding officer of any inferior judicatory shall create rules of law on a retroactive basis, including rules of law that would apply to conduct that occurred prior to the time of filing of a claim arising out of that conduct; and for other purposes.

Referred to the Committee on Judiciary.

HB 783. By Representatives Stanley of the 50th, Stanley of the 49th, Holmes of the 53rd, McKinney of the 51st and Ashe of the 46th:
A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to the forfeiture of certain contraband, so as to provide for the distribution of certain property so forfeited; to provide restrictions; to amend Code Section 48-4-61 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to authorize the acquisition of certain forfeited property; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 784. By Representatives Walker of the 141st, Pinholster of the 15th and Childers of the 13th:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for comprehensive regulation of physicians who provide certain services in office based surgical settings; to provide for the accreditation of such physicians' office based surgical settings; to provide for certain civil immunity; to provide for powers, duties, and authority of the Composite State Board of Medical Examiners; and for other purposes.

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JOURNAL OF THE HOUSE

2/27/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 784. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Walker District 141

Referred to the Committee on Health & Ecology.

HB 785. By Representatives Smith of the 169th, Cummings of the 27th, Smyre of the 136th, Hudgens of the 24th and McBee of the 88th:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities in the Employees' Retirement System of Georgia, so as to provide for membership in such retirement system by employees of the Georgia Rail Passenger Authority; and for other purposes.

Referred to the Committee on Retirement.

HB 786. By Representative Skipper of the 137th:
A BILL to create a board of elections and registration for Sumter County and provide for its powers and duties; and for other purposes.

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

HB 787. By Representative Smith of the 175th:
A BILL to provide for the compensation and expenses of the members of the Board of Education of Camden County; and for other purposes.

THURSDAY, MARCH 1, 2001

1531

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

HB 788. By Representative Hudson of the 156th:
A BILL to amend an Act providing that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law, so as to change the provisions relating to the period for registration of vehicles in Irwin County; and for other purposes.

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

HB 789. By Representative Morris of the 155th:
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 change the definition of a Vidalia onion; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 790. By Representative Dean of the 48th:
A BILL to provide a homestead exemption from Fulton County ad valorem taxes for certain residents of the county who are 62 years of age or over whereby residents with lower income receive a larger exemption amount; and for other purposes.

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

HB 791. By Representatives Murphy of the 18th, Lucas of the 124th and Skipper of the 137th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require defendants who are

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not first offenders but who are sentenced to serve time in confinement in the state prison system followed by a term of probation to be supervised on probation by the State Board of Pardons and Paroles rather than the statewide probation system; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 409. By Representatives Brooks of the 54th, Mobley of the 69th, McClinton of the 68th, Reed of the 52nd, McKinney of the 51st and others:
A RESOLUTION honoring the Reverend Hosea L. Williams and Mrs. Juanita Williams and directing that a portrait of the two of them be placed in the State Capitol; and for other purposes.

Referred to the Committee on Rules.

HR 410. By Representatives Reece of the 11th, Jamieson of the 22nd, Smith of the 12th and Houston of the 166th:
A RESOLUTION creating the House Study Committee on Technology Education; and for other purposes.

Referred to the Committee on Rules.

HR 411. By Representatives Lewis of the 14th and Shanahan of the 10th:
A RESOLUTION designating the Historic Dixie Auto Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 412. By Representatives Westmoreland of the 104th, Buck of the 135th, Ehrhart of the 36th, Kaye of the 37th, Snelling of the 99th and others:

THURSDAY, MARCH 1, 2001

1533

A RESOLUTION requesting the congressional delegation of the State of Georgia to support President Bush's tax relief proposal; and for other purposes.

Referred to the Committee on Rules.

HR 413. By Representatives Stephens of the 150th, Byrd of the 170th, Day of the 153rd, Mueller of the 152nd and Pelote of the 149th:
A RESOLUTION designating Meals on Wheels Day in Chatham County; and for other purposes.

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

HR 431. By Representatives Manning of the 32nd, Ehrhart of the 36th, Wiles of the 34th, Cooper of the 31st, Johnson of the 35th and others:
A RESOLUTION designating the Historic Dixie Highway Auto Trail; and for other purposes.

Referred to the Committee on Transportation.

HR 432. By Representatives Buckner of the 95th, Smyre of the 136th, Parrish of the 144th, Skipper of the 137th, Twiggs of the 8th and others:
A RESOLUTION creating the Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; and for other purposes.

Referred to the Committee on Rules.

HR 433. By Representatives Amerson of the 7th and Poag of the 6th:
A RESOLUTION designating a bridge on SR 52 in Gilmer County as the Carl Dover Memorial Bridge; and for other purposes.

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Referred to the Committee on Transportation.
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:
HB 809. By Representatives Jenkins of the 110th, Coleman of the 142nd, Walker of the 141st, Twiggs of the 8th, Parrish of the 144th and others:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Restaurant Franchise Relations Act"; and for other purposes.
Referred to the Committee on Industry.
HB 810. By Representatives Jenkins of the 110th and Holland of the 157th:
A BILL to amend Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 813. By Representatives Smyre of the 136th and Cummings of the 27th:
A BILL to amend Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of deferred compensation plans, so as to authorize employees of county and independent school systems to participate in the state deferred compensation plans; and for other purposes.

THURSDAY, MARCH 1, 2001 Referred to the Committee on Rules.

1535

HR 452. By Representatives Buckner of the 95th, Barnes of the 97th, Jordan of the 96th, Ashe of the 46th, Houston of the 166th and others:
A RESOLUTION urging the Office of Education Accountability to consider disaggregating student assessment data for reporting purposes according to the mobility of students among schools and the proficiency of students in the English language; and for other purposes.

Referred to the Committee on Education.

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

HB 745 HB 746 HB 747 HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 759 HB 760 HB 761 HB 762 HB 763 HB 764

HR 391 HR 392 HR 393 HR 395 HR 402 SB 53 SB 95 SB 107 SB 133 SB 134 SB 180 SB 210 SB 217 SB 219 SB 222 SB 228 SB 237 SR 86 SR 142

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

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SB 217. By Senators Hecht of the 34th, Dean of the 31st, Walker of the 22nd, Starr of the 44th, Thomas of the 2nd and others:
A bill to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; to require the Public Service Commission to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and 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 698 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 146th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:

THURSDAY, MARCH 1, 2001

1537

Your Committee on Health and 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 615 Do Pass HB 641 Do Pass, by Substitute HB 674 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

Your Committee on Human Relations and Aging 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 673 Do Pass, by Substitute HB 723 Do Pass

HB 738 Do Pass, by Substitute SB 57 Do Pass, by Substitute

Respectfully submitted, /s/ 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 521 Do Pass, by Substitute HB 532 Do Pass

HR 338 Do Pass SB 84 Do Pass

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JOURNAL OF THE HOUSE

HB 725 Do Pass, by Substitute HB 744 Do Pass

SB 188 Do Pass

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 28 Do Pass, by Substitute SB 1 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Snow of the 2nd 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 304 Do Pass, by Substitute HB 691 Do Pass

Respectfully submitted, /s/ Snow of the 2nd
Chairman

THURSDAY, MARCH 1, 2001

1539

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 190 Do Pass, by Substitute HB 436 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:
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 144 Do Pass HB 658 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Chairman
Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:

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Your Committee on State Institutions and Property has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 734 Do Pass, by Substitute SR 80 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 475 Do Pass HB 726 Do Pass HB 735 Do Pass

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

Representative Twiggs of the 8th 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 280 Do Pass HR 388 Do Pass

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Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 1, 2001

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 58

Designate; the Dorothy Felton Interchange

DEBATE CALENDAR

HB 130 HB 207 HB 373 HB 455 HB 497 HB 579
HB 652 HB 665

Heirs and interests; disinterment and DNA testing; court orders Checks; Deferred Presentment Act; enact Bankruptcy and certain insolvent estates; exemptions Financial Information Privacy Protection Act; enact Workers' compensation; amend provisions; increase benefits Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation Health Care Work Force Shortage Act; enact Natural gas competition and deregulation; retail customer; alternative marketer

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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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 475. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to provide for a homestead exemption from certain Forsyth County School District ad valorem taxes for educational 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 the current owner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 726. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
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 provide for a homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00; to provide for a homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 735. By Representative Amerson of the 7th:
A BILL to amend an Act creating a board of commissioners of Gilmer County, so as to change the provisions relating to the compensation of the chairperson and other members of said board of commissioners; and for other purposes.

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

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland E Holmes Y Houston Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Jenkins Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Lanier Y Lewis Lord Y Lucas Y Lunsford Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Millar Y Mills Y Mobley Morris Y Mosley

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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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.
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 66. By Senators Hecht of the 34th, Starr of the 44th, Scott of the 36th, Walker of the 22nd and Thomas of the 2nd:
A bill to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to change the definitions of certain terms; to provide that registration requirements applicable to certain sex offenders shall apply to persons sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders; to provide procedures for registration; to change certain provisions relating to the requirement that sex offenders register with sheriffs; to change certain requirements relating to registration; to require additional information with respect to such registration; to change certain provisions relating to duties of the Georgia Crime Information Center; to repeal conflicting laws; and for other purposes.
SB 130. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Walker of the 22nd and Johnson of the 1st:
A bill to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources of the state, so as to create the Metropolitan North Georgia Water Planning District; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms, including the district area; to provide for responsibilities of the district; to provide for governance of the district; to provide for coordinating committees and advisory councils to the district; to provide for watershed and storm-water management planning for the district area; to provide for waste-water management planning for the district area; to provide for water supply and

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conservation management planning for the district area; to promote public education and awareness; to repeal conflicting laws; and for other purposes.
SB 208. By Senators Harbison of the 15th, Ray of the 48th, Paul of the 40th and Butler of the 55th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Electronic Commerce Home Delivery Act of 2001"; to provide for the marketing and sale of tobacco products, malt beverages, and wine by electronic commerce retailers and the delivery of such products to consumers at their homes or businesses in Georgia; to provide a purpose; to define terms; to provide for requirements for electronic commerce retailers to sell and deliver tobacco products, malt beverages, and wine; to require that any sale and delivery of malt beverages, wine, or tobacco products must include more than $50.00 in products other than malt beverages, wine, or tobacco products; to repeal conflicting laws; and for other purposes.
HB 139. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Smith of the 175th, Parrish of the 144th and others:
A BILL to provide supplementary appropriations for public school capital outlay for the State Fiscal Year ending June 30, 2001, in addition to the appropriations made by the General Appropriations Act and any other appropriations; and for other purposes.

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

SB 66.

By Senators Hecht of the 34th, Starr of the 44th, Scott of the 36th, Walker of the 22nd and Thomas of the 2nd:
A bill to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to change the definitions of certain terms; to provide that registration requirements applicable to certain sex offenders shall apply to persons sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders; to provide procedures for registration; to change certain provisions relating to the requirement that sex offenders register with sheriffs; to change certain requirements relating to registration; to require additional information

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with respect to such registration; to change certain provisions relating to duties of the Georgia Crime Information Center; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 130. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Walker of the 22nd and Johnson of the 1st:
A bill to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources of the state, so as to create the Metropolitan North Georgia Water Planning District; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms, including the district area; to provide for responsibilities of the district; to provide for governance of the district; to provide for coordinating committees and advisory councils to the district; to provide for watershed and storm-water management planning for the district area; to provide for waste-water management planning for the district area; to provide for water supply and conservation management planning for the district area; to promote public education and awareness; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 208. By Senators Harbison of the 15th, Ray of the 48th, Paul of the 40th and Butler of the 55th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Electronic Commerce Home Delivery Act of 2001"; to provide for the marketing and sale of tobacco products, malt beverages, and wine by electronic commerce retailers and the delivery of such products to consumers at their homes or businesses in Georgia; to provide a purpose; to define terms; to provide for requirements for electronic commerce retailers to sell and deliver tobacco products, malt beverages, and wine; to require that any sale and delivery of malt beverages, wine, or tobacco products must include more than $50.00 in products other than malt beverages, wine, or tobacco products; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 1, 2001 Referred to the Committee on Agriculture and Consumer Affairs.

1547

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

HR 436. By Representative Murphy of the 18th:
A RESOLUTION commending Bremen High School wrestler Nick Bailey and inviting him to appear before the House of Representatives; and for other purposes.

HR 437. By Representatives Amerson of the 7th and Murphy of the 18th:
A RESOLUTION commending the Blue Ridge Rifles and Color Guard of North Georgia College and State University as the national champion collegiate precision military drill team of 2001 and inviting them to appear before the House of Representatives; and for other purposes.

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:

SR 58.

By Senators Paul of the 40th, Price of the 56th, Beatty of the 47th, Cable of the 27th, Mullis of the 53rd and others:
A resolution designating the Dorothy Felton Interchange; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudson, S Y Hugley Y Irvin Y Jackson, B

Y Mueller Y Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

1548
Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland E Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster E Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed
Reese Y Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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

On the adoption of the Resolution, the ayes were 159, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tem assumed the Chair.

HB 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and

THURSDAY, MARCH 1, 2001

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substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.

The following substitute, offered by Representatives Murphy of the 18th and Epps of the 131st, was read:

A BILL
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions, duties, and obligations to the Department of Human Resources and the Division of Mental Health, Mental Retardation, and Substance Abuse of that department; to provide for definitions; to provide for alternative composition, powers, duties, and functions of community service boards; to provide for membership, terms, vacancies, and qualifications; to provide for county participation; to provide for obligations; to prohibit certain reprisals; to provide for orientation and annual training; to provide for staff and employees and rights thereof; to provide for resignations, vacancies, reimbursement, oaths, and conflicts of interest; to provide for boundaries and cessation of operation; to provide for fees and records; to provide for withholding state funds; to provide for statutory construction; to change the provisions relating to the distribution of funds relating to disability services; to change the provisions relating to personnel status and benefits; to change the provisions relating to annual and biennial plans for disability services; to change the provisions relating to open meetings and records; to change the provisions relating to venue; to change the provisions relating to access to records; to change the provisions in the state ombudsman complaint process; to provide for conforming amendments; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking in its entirety Code Section 31-3-12.1, relating to board of health contracts with regional boards and community mental health, mental retardation, and substance abuse service boards, and inserting in its place the following:

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"31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional the department or a community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board department. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the appropriate regional board, as defined in Chapter 2 of Title 37, department prior to adoption."
SECTION 2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (1.1) and (6.2) of Code Section 37-1-1, relating to definitions, and inserting in their respective places the following:
"(1.1) 'Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain in accordance with Chapter 2 of this

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title to provide certain disability services not provided by other public or private providers under contract with the regional board department." "(6.2) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1."
SECTION 3. Said title is further amended by striking paragraphs (3), (4), (8), (9), and (12) of subsection (b) of Code Section 37-1-20, relating to the Division of Mental Health, Mental Retardation, and Substance Abuse and its powers and duties, and inserting in their respective places the following:
"(3) Have authority to contract for services with: public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; regional boards; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state; (4) Establish and support programs for the training of professional and technical personnel as well as regional boards and community service boards;" "(8) Make and administer budget allocations to regional boards to fund the operation of mental health, mental retardation, and substance abuse services in accordance with approved regional programs and plans Reserved; (9) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems and, in conjunction with and on behalf of regional boards and other providers, evaluate the efficacy of the state, regional, and community service boards through the regular assessment of the impact of the programs upon individuals receiving treatment;" "(12) Establish within the division or under the jurisdiction of the regional boards or both a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; and".
SECTION 4. Said title is further amended by striking Code Section 37-1-23, relating to rules of practice and procedure, and inserting in its place the following:
"37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department, and the division, and the regional boards are directed to make the boards and the departments rules available for distribution."
SECTION 5. Said title is further amended by striking paragraphs (2.1), (8), and (8.1) of Code Section 37-2-2, relating to definitions, and inserting in the appropriate positions the following:

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"(1.1) 'Chief executive officer' means the mayor of the governing authority of a municipal corporation or the chairperson or chief executive officer of a county governing authority." "(2.1) 'Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of in accordance with Code Section 37-2-5.3 or 37-2-6 to provide certain public disability services not provided by other public or private providers under contract with the regional board department." "(2.3) 'CSB' means a community service board constituted and having powers and duties as provided by subsection (a) of Code Section 37-2-5.3. (2.4) 'CSB area' means the area in which a CSB provides certain public disability services." "(8) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1. (8.1) 'Regional planning unit' or 'unit' means a regional mental health, mental retardation, and substance abuse planning unit created under Code Section 37-2-4.1. (9)(8) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs."
SECTION 6. Said title is further amended by striking Code Section 37-2-3, relating to the designation of boundaries for mental health, mental retardation, and substance abuse regions and related matters, and inserting in its place the following:
"37-2-3. (a) Based on recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery submitted to the Board of Human Resources pursuant to Code Section 37-2-34, the board shall designate boundaries for mental health, mental retardation, and substance abuse regions, which shall serve as the initial boundaries for establishment of the regional boards and units as prescribed in Code Section 37-2-4.1. (b) The division, with input from the regional boards and with the approval of the commissioner, shall designate Community Mental Health, Mental Retardation, and Substance Abuse Service Areas, which, effective July 1, 1994, shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering certain disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the boundaries for the areas and the operation of community service boards shall be the same boundaries as the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas which were in effect as of July 1, 1993. After July 1, 1995, the division, with input from the regional boards, shall consider requests from a county or group of counties for recommended changes to the boundaries of the community service boards. (c) To the extent practicable, the boundaries for regional boards and units and community service boards shall not subdivide any county unit or conflict with any

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districts established by the department and the state relating to the planning for or delivery of health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services."
SECTION 7. Said title is further amended by striking subsection (b) of Code Section 37-2-4, relating to the Governors Advisory Council on Mental Health, Mental Retardation, and Substance Abuse, and inserting in its place the following:
"(b) The Governors council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governors council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of the department, and to any other individual or agency deemed appropriate. The Governors council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governors council shall also provide guidance and assistance to the regional boards, hospitals, community service boards, and other private or public providers in the performance of their duties."
SECTION 8. Said title is further amended by striking Code Section 37-2-4.1, relating to regional mental health, mental retardation, and substance abuse planning units, and inserting in its place the following:
"37-2-4.1. (a) There are created within the division regional mental health, mental retardation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary by the board. In accordance with Code Section 37-2-3, the board shall initially establish the boundaries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Section 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority.

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(b) There is created a separate regional mental health, mental retardation, and substance abuse board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term 'regional mental health, mental retardation, and substance abuse board' as that regional board may, from time to time, choose and designate by official action. The regional mental health, mental retardation, and substance abuse boards created by the prior provisions of this Code section are abolished effective July 1, 2001, and the department, on and after that date, shall succeed to the powers, duties, obligations, and functions of such boards unless otherwise provided by this chapter. The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by any such regional board and which pertain to the powers, duties, obligations, and functions transferred to the department by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of such transfer to the department. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions."
SECTION 9. Said title is further amended by striking Code Section 37-2-5, relating to regional boards establishing policy and direction for disability services and related matters, and inserting in its place the following:
"37-2-5. (a) Each regional board shall establish policy and direction for disability services planning, delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the

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county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2) (1)(a) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional board which serves the region in which that community service board is included; or (B) An an employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (2)(b) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection subsection (a) of this Code section. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board. (c) In making appointments to the regional board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally Ill, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates. (d) Initial appointments to the regional board shall be made by August 1, 1993. Initial terms of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the board shall be for a period of three years and until the members successor is appointed and

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qualified. A member may serve no more than two consecutive terms. The term of a regional board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity, or such other reasonable condition as the regional board may impose under their bylaws. Vacancies on the board shall be filled in the same manner as the original appointment. (e) Prior to December 31, 1993, each regional board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute at least approximately one-half of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional board shall be elected from among the members of the board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. The bylaws may also provide for the appointment by the regional board of an advisory committee or advisory committees to work with the regional board in addressing various issues. Prior to their adoption by the regional board, the bylaws shall be submitted to the division for review and approval. The regional board must have the written approval of the director of the division prior to the adoption of bylaws. (f) The regional board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional board. (g) Each member of the regional board may, upon regional board approval, receive reimbursement for actual expenses not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for 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. (h) Each regional board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section."
SECTION 10. Said title is further amended by striking Code Section 37-2-5.1, relating to regional boards and executive director, staff and personnel, and related matters, and inserting in its place the following:
"37-2-5.1. (a) Each regional board shall be served by an executive director, who shall be duly qualified and appointed by the director of the division, with the approval of the regional

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board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleasure of the division director. An executive director may be appointed to serve the regional board only with such boards approval. At any time during the tenure of the executive director, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor. (b) The executive director of the regional board may appoint such other staff and personnel to work for the unit as that executive director and board deem necessary and appropriate. The executive director and such staff and personnel shall be employees of the division. Expenses for the regional board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board for planning and service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional board and the unit. (c)(1)(a) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. After July 1, 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; "all funds" shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region; provided, however, that nothing shall prohibit the allocation of funds through any regional board prior to July 1, 1995. The division shall establish a minimum funding amount for regional boards each region conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2)(b) The division shall establish guidelines to ensure that funding is allocated to community service boards and local services based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are allocated based primarily on services to clients and in compliance with all federal, state, and regulatory requirements.

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(3)(c) The division, in compliance with the provisions of the appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall ensure that the regional boards develop appropriate allocation and accounting mechanisms are developed to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization."
SECTION 11. Said title is further amended by striking Code Section 37-2-5.2, relating to regional boards and their duties and functions and related matters, and inserting in its place the following:
"37-2-5.2. (a) Each regional board The division shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability services in the each region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request. The division shall provide technical and professional expertise to the regional board upon request. Such plan may include, by way of illustration without limitation, the following:
(A) An estimate categorized by age group of the number of citizens residing in the each region who require disability services and an estimate of the range of services needed for these citizens; (B) A description of all facilities and programs, both public and private, which are available or which should be developed to provide adequate disability services in the each area; (C) An analysis of the regional availability of professional and other staff personnel trained in providing disability services in each region and, if necessary, a proposal for recruitment and retention; (D) A list of all public and private providers currently providing or available to provide disability services in the each region; (E) A description in order of priority of all proposed programs and disability services to be provided in the each region, and the funds associated with the provision of these services, which description shall specifically address the interrelationship of programs and services and the mechanisms for ensuring effective client transition between and among such programs and services; (F) A comprehensive plan for regular meetings, consultations, and coordinated planning efforts with and among all service providers, such as community programs, hospitals, and private contractors, and professionals in the each region, which plan shall at a minimum address appropriate methods for sharing resources and expertise among service providers and professionals, mechanisms for resolving conflicts and resource allocation problems, and a process for ensuring ongoing

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dialogue among all providers regarding the most effective ways of meeting individual and community client needs; (G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-29, which analysis shall include an overview of those specialized services and programs offered in other regions each region which may provide the most costeffective means of meeting specific client needs; and therefore would be utilized by in a regional board region which did not have such specialized services or programs; (H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit; (I)(H) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue in each region; and (J)(I) A consumer satisfaction survey conducted during the previous year in a manner consistent with policies established by the division; (2) To provide, as funds become available, for client assessment and service authorization and coordination for each client receiving services within the each region or funded by the regional board department; (3) To exercise responsibility and authority within the each region in all matters relating to the funding and delivery of disability services; provided, however, that with the exception of services authorized under paragraph (2) of this subsection the regional board may not engage in the direct delivery of goods or services to individual consumers and is prohibited from providing on its own, without the use of an agent or agents, any direct disability services to consumers; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to the mental health, mental retardation, substance abuse, and other disability services; (5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to make and enter into all contracts necessary or incidental to the performance of duties and functions of the regional board and the unit division; (6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the each region; (7) To submit annual reports to the division, the Governors council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the each region; (8) To serve as the representative of the citizens of the each area in regard to disability services; (9) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such

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complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; and (11) To visit regularly disability services facilities and programs which serve the each region in order to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services. (b) In addition to its duties and functions, each regional board the division shall also have the following power and authority: (1) To utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (2) To participate with other regional boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities; (3) To work cooperatively with all units of county and local government, including the county boards of health, within the each region; (4) To establish goals and objectives, not inconsistent with those established by the division and the development, for its each region; and (5) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (c) It is the express intent of this chapter to confer upon the regional board division through the department the flexibility and authority necessary to contract with a wide range of public and private providers to ensure that clients are afforded cost-effective, locally based, and quality disability services. Regional boards are The division is specifically authorized to contract directly with any county governing authority, or any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional board division and the contractor and shall not be required to go through the community service board. (d) The regional board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any such power, authority, duty, or function on behalf of the regional board. (e) Each regional board shall keep books of account reflecting all funds received, expended, and administered by the regional board which shall be independently audited, by an auditor approved by the division, at least once in each fiscal year. The auditors report shall be presented to the regional board, the division, and any other interested parties. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the department. Each regional board shall update its books of account on at least a quarterly basis and shall present the quarterly

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update to the division and any other interested parties. The division shall conduct a performance audit of each regional board at least once every three years.
37-2-5.3. (a) Except as provided in subsection (b) of this Code section, each community service board created pursuant to Code Section 37-2-6 and existing on January 1, 2001, shall continue in existence on and after July 1, 2001, but on and after July 1, 2001, shall become a CSB and shall:
(1) Be constituted as provided in this Code section; (2) Provide disability services within the same area served by that community service board immediately prior to its becoming a CSB, until that CSB area is changed pursuant to law; (3) Be a public corporation and an instrumentality of the state; and (4) Have the powers and duties provided in the provisions of this Code section other than subsection (b). (b) A community service board established under Code Section 37-2-6 may elect to continue to be constituted as provided by that Code section and governed by that Code section by adopting a resolution to that effect and submitting a copy thereof, prior to May 1, 2001, to the division and the governing authority of each county within the boundaries of the area in which that board governs the provision of disability services. A community service board which exercises such election may thereafter elect to become a CSB by adopting a resolution to that effect and submitting a copy thereof, no later than March 31 of any year after 2001, to the division and the governing authority of each county within the boundaries of the area in which that board governs the provision of disability services, whereupon that board shall become a CSB on and after July 1 of the year of such submission. (c) CSBs shall provide certain disability services not provided by other public or private providers under contract with the department within the boundaries of their CSB areas. CSBs are created for nonprofit and public purposes to exercise essential governmental functions; provided, however, the liabilities, debts, and obligations of a CSB shall not constitute liabilities, debts, and obligations of the state or any county or any municipal corporation within the boundaries of the CSB area, and neither the state or any county or municipal corporation shall be liable for any liability, debt, or obligation of a CSB. CSBs shall have the same immunity as provided for community service boards under Code Section 37-2-11.1. (d)(1) Except as provided in paragraph (2) of this subsection, the membership of a CSB shall consist of three public officials designated in accordance with subsection (e) of this Code section and eight or more other members not then holding elective public office appointed by a county governing authority as provided in subsection (f) of this Code section. (2) A community service board in existence on January 1, 2001, the membership of which is the membership of a lead county board of health as provided in subsection (e) of Code Section 37-2-6 may continue to be constituted as provided in that

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subsection (e) even though it becomes a CSB pursuant to this Code section if such board adopts a resolution to that effect and submits a copy thereof, prior to May 1, 2001, to the division and the governing authority of each county within the boundaries of the area in which that board governs the provision of disability services. A CSB so constituted as a lead county board of health may thereafter elect to become constituted as provided in paragraph (1) of this subsection if such board adopts a resolution to that effect and submits a copy thereof, no later than March 31 of any year after 2001, to the division and the governing authority of each county within the boundaries of the area in which that board governs the provision of disability services, whereupon that board shall become constituted as provided in paragraph (1) of this subsection on and after July 1 of the year of such submission. Nothing in this Code section shall be construed to repeal the provisions of Code Section 31-3-12.1 or to limit or prohibit a county board of health from exercising the authority to provide mental health, mental retardation, or substance abuse services pursuant to Code Section 31-3-12.1. (e) The three CSB members who are public officials shall be determined as follows: (1) The chief executive officer of each county within the CSB area, or a member of the governing authority of the county designated by said officer, shall serve as a member of the CSB unless that CSB area:
(A) Has four or more counties within its boundaries, in which case the chief executive officer of each of the three counties that contributed the largest amount of funds and resources to the community service board during the fiscal year immediately preceding that community service boards becoming a CSB, or a member of the governing authority of each such county designated by said officer, shall serve as a member of the CSB. To the extent there are fewer than three such contributing counties, this subparagraph shall apply to the noncontributing counties with the largest populations in descending order according to the United States decennial census of 1990 or any future such census to the extent needed to increase to three the number of county governing authorities represented on the CSB; or (B) Has fewer than three counties within its boundaries, in which case any remaining membership positions required to constitute three public official positions on the CSB shall be filled by appointment of a public official designated by the chief executive officer of the county which contributed the larger amount of funds and resources to the CSB during the fiscal year immediately preceding that community service boards becoming a CSB. If no county contributed such funds or resources or both contributed equal amounts, any remaining member shall be a public official designated by the chief executive officer of the county having the larger population according to the United States decennial census of 1990 or any future such census; and (2) If the chief executive officer of a county and all members of the governing authority of that county decline to serve on a CSB when authorized and designated to serve thereon or if a chief executive officer is authorized to designate any other public official to serve on a CSB, that chief executive officer shall only designate from any

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of the following public officials, whose designation as CSB member has been approved by the governing authority of the county in which such official holds office:
(A) The chief executive officer, or a member of the governing authority designated by said officer, of another county within the CSB area; (B) The chief executive officer, or a member of the governing authority designated by said officer, of a municipality lying wholly or partially within the CSB area, but only if such designated person resides in such area; (C) The superintendent of schools or a member of the board of education of a county or independent school system serving a school district lying wholly or partially within the CSB area, but only if such designated person resides in such area; or (D) The sheriff of a county within the CSB area. Only one municipal official, one school official, or one sheriff may be appointed to the CSB. (f) The remaining members of the CSB shall be persons who do not hold other elective public office. An employee of the department or a county board of health may not serve as a member of a CSB. The county governing authority of each county within a CSB area consisting of eight or more counties shall appoint one member, pursuant to this subsection, to the CSB. In a CSB area that consists of fewer than eight counties, there shall be eight members appointed to such CSB pursuant to this subsection with the governing authority of each county appointing one member, pursuant to this subsection, to the CSB. The distribution of any additional memberships needed to increase to eight the number of members of the CSB appointed pursuant to this subsection shall be allocated among the counties in such area by allocating one such membership to each county in descending order from the county with the largest population to the county with the smallest population according to the United States decennial census of 1990 or any future such census and repeating such allocations as are necessary until all membership positions have been so allocated. In making appointments to the CSB, the various county governing authorities shall endeavor to ensure that the resulting appointments: (1) Are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics of the area and county populations; (2) Include at least one person appointed pursuant to this subsection who is trained or certified in performing financial audits; (3) Include individuals who are actively engaged in business, professional, and community activities; and (4) Are reflective of each disability group and that each such group is viably, capably, and equitably represented on the CSB; provided, however, consumers and members of the families of consumers shall constitute a majority of the membership of the CSB. (g)(1) The term of office of a member of a CSB who is a chief executive officer pursuant to paragraph (1) of subsection (e) of this Code section or who is designated by or authorized to be designated by the elected chief executive officer of a county

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governing authority shall run concurrent with the term of office of the chief executive officer so serving as or designating or authorized to designate said member. (2) After the initial terms of office established in the bylaws of a CSB, regular terms of office of CSB members, except for those members specified in paragraph (1) of this subsection, shall be for three years from the expiration of the previous term and until a successor is appointed and qualified. (3) Vacancies in office in a CSB membership position to which a person has been appointed, whether occurring by expiration of term or any other reason, shall be filled in the same manner as the original appointment, unless that position is one which may be held by a chief executive officer of a county under paragraph (1) of subsection (e) of this Code section, in which event that chief executive officer shall succeed to such membership position or appoint another public officer to succeed thereto as authorized in that subsection. If the chief executive officer or governing authority of a county so authorized to fill a vacancy in the office of a CSB member does not fill that vacancy within 120 days after such expiration of term or vacancy occurs, the members of the General Assembly whose House or Senate districts include any part of that county shall meet in caucus, no sooner than 121 days and no later than 150 days after the vacancy occurs, to designate, by majority vote, a person to fill such vacancy and who meets the requirements for CSB membership in the vacated position under this Code section. Persons appointed to fill a vacancy in office in a CSB, other than one occurring by expiration of term, shall serve out the remainder of the term of office and until a successor is appointed, or otherwise authorized to take office, and qualified. (4) The terms of office of the members of a community service board which becomes a CSB on July 1 of any year shall expire at the end of June 30 immediately preceding that July 1. The chief executive officer or governing authority of a county that is otherwise authorized to designate CSB members may do so no sooner than May 1 of that year, but any person so designated shall not take office until July 1 of that year. If a membership position on that CSB is not filled by July 1 of that year, a vacancy in that position shall be deemed to have occurred on July 1 of that year. (h) Each county within the boundaries of a CSB area shall be required to participate with such CSB and the operation of the disability services program through the CSB. Each community service board in existence and functioning on June 30 of any year that becomes a CSB on July 1 of that year shall automatically be succeeded by the CSB for the same CSB area as of July 1 of that year and each such CSB shall be governed from and after July 1 of that year by this Code section. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, obligations, rights, and benefits of such community service board shall automatically become duties, obligations, rights, and benefits of its respective successor CSB. (i) Each CSB shall be responsible for adopting bylaws and operational policies and guidelines. The bylaws shall address board appointment procedures, initial terms of board members, quorum, the staggering of terms of office, a mechanism for ensuring that consumers of disability services and family members of such consumers constitute

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a majority of the board members, and a mechanism for ensuring equitable representation of the various disability groups. Bylaws and operational policies and guidelines promulgated by the predecessor community service board of a CSB and not in conflict with this Code section shall remain in effect for that CSB until amended, repealed, superceded, or nullified by the successor CSB or as otherwise provided by law. (j) No officer of a CSB who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten against any employee of a CSB as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court.
(k)(1) The department shall provide an annual training program of at least ten hours for members of CSBs which shall include an initial orientation for members of CSBs, the contents of which can be administered by a CSB member or a member of its professional staff. (2) The department may appoint an advisory committee that includes, but is not limited to, CSB members and executive directors, consumers and members of consumers families, advocates, and training professionals to develop guidelines for training members of CSBs. (3) A member of a CSB, who after notice that said member has failed to complete the required initial orientation prescribed by the department and continues such failure for 30 days, may be removed from office by the remaining members of the CSB. A member of a CSB, who after notice that said member has failed to complete the required annual training prescribed by the department and continues such failure for 30 days, may be removed from office by the remaining members of the CSB. (l) Each CSB shall employ an executive director to serve as its chief executive officer. Such executive director shall be appointed and removed by the CSB and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for the securing of appropriate facilities, sites, and professionals necessary for the provision of disability services. The CSB may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the CSB. Subject to the general policy established by the CSB, the executive director shall supervise, direct, account for, organize, plan, administer, and execute the powers, duties, authority, functions, and responsibilities vested in the CSB. The executive director shall delegate authority for clinical decisions to appropriately licensed clinical professionals.

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(m) Each CSB, under the jurisdiction of its board members, shall perform duties, responsibilities, and functions, and may exercise power and authority described in this subsection. Each CSB may exercise the following power and authority:
(1) To adopt bylaws for the conduct of its affairs; provided however, the CSB shall meet not less than once every two months beginning on July 1 and continuing through the next June 30, which time shall be the fiscal year of the CSB; provided, further, that all such meetings and any bylaws shall be open to the public, as otherwise prescribed under Georgia law; (2) To elect a chairperson and vice chairperson from among its membership, and the bylaws of the CSB shall provide for any other officers of such board and their means of selection, the terms of office of the officers, and an annual meeting to elect officers; (3) To make and enter into all contracts necessary and incidental to the performance of its duties and functions, including, but not limited to, contracts to utilize the services of the Department of Administrative Services, the state auditor, or any other agency of the state, local, or federal government; (4) To acquire by purchase, gift, lease, or otherwise, and to own, hold, improve, use, and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (5) To have a seal and alter the same; (6) To cooperate with all units of local government within the CSB area as well as neighboring regions and with the programs of other departments and agencies; (7) To contract with the State Personnel Board regarding those CSB personnel who remain in the classified service; (8) To establish fees for the provision of disability services according to Department of Human Resources and Department of Community Health state-wide standards; (9) To receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (10) To accept appropriations, loans of funds, facilities, equipment, and supplies from the local governmental entities within its boundaries; (11) To borrow money for any corporate purpose, and, when approved by the department, to incur debt, liabilities, and obligations for any corporate purpose. No debt, liability, or obligation incurred by a CSB shall be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A CSB may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements for the then current fiscal year or any subsequent year for outstanding borrowings of the CSB, including the proposed borrowing, exceed 15 percent of the total revenues of the CSB in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions;

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(12) To carry forward without lapse fund balances and to establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources. The total of all such reserves shall not exceed two months of the annual operating budget for the fiscal year for which those funds were obtained; (13) To operate, establish, or operate and establish facilities deemed by the CSB as necessary and convenient for the administration, operation, or provision of disability services by the CSB. For such purposes, a CSB may construct, reconstruct, improve, alter, repair, and equip facilities; (14) To establish fees, rates, rents, and charges for the use of facilities of the CSB for the provision of disability services when approved by the department; (n) Nothing shall prohibit a CSB from contracting with any county or municipal governing authority, private or public provider, or hospital for the provision of disability services. (o) Each CSB exists for nonprofit and public purposes and it is found and declared that the carrying out of the purposes of each such CSB is exclusively for public benefit and its property is public property. No CSB shall be required to pay any state or local ad valorem, sales, use, or income tax. (p) A CSB shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (q) A CSB shall not operate any facility for profit. Consistent with this limitation, a CSB shall have authority to fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the CSB, will be sufficient to administer, operate, and provide the disability services that such board is required to pay, or undertakes to provide, the cost of acquiring, constructing, equipping, maintaining, repairing, and the operating of its facilities; and to create and maintain reserves sufficient to meet principal and interest payments due on any obligation of the CSB. The CSB may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (12) of subsection (m) of this Code section. (r) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a CSB for its public purposes. Any property conveyed or leased to a CSB by a county or municipal corporation shall be operated by the CSB to which the same is conveyed or leased in accordance with this chapter and the terms of the CSBs agreements with the county or municipal corporation providing such conveyance or lease. (s) Each CSB shall keep books of account reflecting all funds received, expended, and administered by the CSB, which shall be independently audited annually. (t) A CSB may not create, form, or become a member of a nonprofit corporation, limited liability company, or other profit or nonprofit entity. (u) Employees of each community service board which becomes constituted as a CSB shall retain all existing rights under the State Merit System of Personnel Administration and under the Employees Retirement System of Georgia or other public retirement

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systems as existed immediately prior to that community service boards being constituted as a CSB in the same manner as such rights were retained by employees transferred to community service boards under subsection (a) of Code Section 37-2-6.2. Only those CSB employees who were in a classified position under the State Merit System of Personnel Administration immediately prior to their employing community service boards being constituted as CSBs shall continue to be classified employees under that system so long as they remain in a classified position in the CSB. (v) CSBs shall not be a state public authority for purposes of inclusion under the Employees Retirement System of Georgia pursuant to Code Section 47-2-70.1 except to the extent required for CSB employees whose rights in that system are retained pursuant to subsection (u) of this Code section. (w) CSBs shall comply with all applicable state and federal laws and regulations, including but not limited to the federal antitrust laws and shall be subject to Article 3 of Chapter 6 of Title 31, relating to certificate of need. (x) Beginning January 1, 2002, and every six months thereafter, each CSB shall be required to file a written report with the state auditor providing information concerning the CSBs activities and expenditures during the previous six months including but not limited to the following: a list of the CSBs then current membership and a certification that each such member has completed the initial orientation and annual training required in subsection (k) of this Code section; any real property acquired, monies borrowed, and facilities established or operated; any contracts entered into with private or public providers or hospitals as authorized in subsection (n) of this Code section; steps taken by the CSB to comply with the limitation in subsection (q) of this Code section that it not operate any facility for profit; and the specified amount of disability services provided by the CSB to indigent patients and the specific steps taken by the CSB to ensure that it serves people regardless of their ability to pay."
SECTION 12. Said title is further amended by striking subsection (a) of Code Section 37-2-6, relating to the creation of community mental health, mental retardation, and substance abuse service boards and related matters, and inserting in its place the following:
"(a)(1) As used in this Code section, Code Section 37-2-6.1, and paragraph (1) of subsection (c) of Code Section 37-2-11.1, the term 'community service board' means a community service board created under paragraph (2) of this subsection, other than a CSB. (2) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern publicly funded programs for the purpose of providing provide certain disability services not provided by other public or private providers under contract with the regional board department except that CSBs shall provide those services in those areas in which those CSBs are constituted pursuant to Code Section 37-2-5.3 as provided in subsection (c) of Code

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Section 37-2-5.3. The programs Such disability services shall be governed provided by the community service boards, which shall be established as public agencies."
SECTION 13. Said title is further amended by striking paragraphs (4), (5), and (6) of subsection (b) of Code Section 37-2-6, relating to the creation of community mental health, mental retardation, and substance abuse service boards and related matters, and inserting in their respective places the following:
"(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; and (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the regional board department for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and (6) A member of the regional board may not also serve as a member of the community service board."
SECTION 14. Said title is further amended by striking subsection (h) of Code Section 37-2-6, relating to the creation of community mental health, mental retardation, and substance abuse service boards and related matters, and inserting in its place the following:
"(h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division and the regional board. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment."
SECTION 15. Said title is further amended by striking paragraphs (6) and (9) of subsection (b) of Code Section 37-2-6.1, relating to community service boards and program director, staff, budget, powers and duties and related matters, and inserting in their respective places the following:

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"(6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and boards;" "(9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional board; and".
SECTION 16. Said title is further amended by striking paragraph (1) of subsection (a) and subsection (b) of Code Section 37-2-6.2, relating to employment and benefit status of certain personnel and related matters, and inserting in their respective places the following:
"(a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division, a hospital thereof, another community service board, or a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division, a hospital thereof, or a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board." "(b) As to those persons employed by the division, or a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any

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such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3)(2) A community service board; (4)(3) A hospital; or (5)(4) Any private provider of disability services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel."
SECTION 16.1. Said title is further amended by adding after Code Section 37-2-6.2, relating to community service board employees, a new Code section to read as follows:
"37-2-6.3. (a) This Code section shall apply to all community service boards whether or not they are CSBs. (b) A member of a community service board may resign from office by giving written notice of such resignation to the executive director or program director, as applicable, of the community service board. The resignation is irrevocable after delivery to such director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. That director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (c) The office of a member of a community service board shall be vacated upon the members resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this chapter, or upon such other reasonable condition as the community service board may impose under its bylaws. (d) Each member of a community service board may, upon the approval of the community service board, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car that is received by all state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (e) A member of a community service board is a public officer and may not first enter upon the duties of office on or after the date this Code section first becomes effective in 2001 until such member takes the following oath of office before an official qualified to administer such oaths:

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'STATE OF GEORGIA
COUNTY OF __________
I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a Member of the __________ Community Service Board, to the best of my ability. I do further swear or affirm:
(1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.
_______________________________________________________ (Signature of Member of __________ Community Service Board)
_______________________________________________________ (Typed Name of Member of __________Community Service Board)
Sworn and Subscribed before this ____ day of ______________, 20__.
______________________________
{SEAL}' (f) A community service board shall keep the department informed of the names, addresses, and terms of office of its members. (g) A member of a community service board shall not vote on or seek to influence the outcome of any matter that comes before such board involving:
(1) A contract by the community service board or the department with, or the award of funds by the community service board or the department to, or any action affecting a license or permit of:
(A) Any private individual who is a member of that board, or a spouse, child, spouse of a child, parent, sibling, or spouse of a sibling of that member; or (B) Any private individual or organization or entity if said member, or the spouse, a child, a spouse of a child, a parent, a sibling, or a spouse of a sibling is a shareholder, director, officer, partner, manager, or member entitled to share in the capital, profits, or distributions, employer or employee, or principal or agent of the private individual or private organization or entity; or

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(2) A contract by the community service board or the department with, or the award of funds by the community service board or the department to, any public official or public agency if such member, or the spouse, a child, a spouse of a child, a parent, a sibling, or a spouse of a sibling of the member will personally derive any personal financial benefit from such contract or award of funds. (h) The boundaries for the establishment and operation of community service boards existing on January 1, 2001, shall continue as the boundaries of the community service boards constituted under Code Section 37-2-5.3 or Code Section 37-2-6 until changed pursuant to Code Section 37-2-3. (i) If a community service board ceases operations, then the governing authority of the counties lying within the area served by the board or the department may petition the superior court of the county in which the principal office of that community service board is located for appointment of a receiver of the assets of the community service board for the protection of the boards creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as shall be determined by the court, to the community service boards, agencies, or entities providing disability services in the service area formerly served by the community service board which ceased operations. (j) The department may withhold state funds from any community service board which the department determines to be in violation of this chapter or any other law."
SECTION 17. Said title is further amended by striking Code Section 37-2-7, relating to a state plan for disability services, and inserting in its place the following:
"37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional boards as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division shall request input from the regional boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services.
(b.1)(1) The plan shall include state-wide guidelines for short-term and long-term planning lists for the provision of requested disability services for persons whose

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disability is mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded, when such services are not available at the time of such request. The guidelines shall provide for the commencement of services, as soon as practicable but no later than 180 days following a request, to such persons who are placed on a short-term planning list. The guidelines shall also include criteria under which a person named on a planning list may obtain priority to receive the requested services when they become available and under which such persons not named on a planning list may receive requested services in emergencies. (2) The plan shall include state-wide guidelines for a registry of persons who have been diagnosed with mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded and wish to make such diagnosis known to the division and regional boards, but who have not yet requested disability services. The requirements of this subsection shall become effective only when funds are specifically appropriated for the purposes of this subsection in an appropriations Act making specific reference to this subsection. (c) The plan shall further set forth the proposed annual budget of the division and the regional boards taking into account all financial data supplied pursuant to subparagraph (a)(1)(I) (a)(1)(H) of Code Section 37-2-5.2. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governors council, the regional boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9."
SECTION 18. Said title is further amended by striking Code Section 37-2-9, relating to coordination of disability services, and inserting in its place the following:
"37-2-9. To the maximum extent possible, disability services provided by the division, and the regional boards, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public."
SECTION 19. Said title is further amended by striking Code Section 37-2-9.1, relating to compliance by regional boards and community service boards with laws as to open meetings and inspection of records and related matters, and inserting in its place the following:

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"37-2-9.1. (a) Each regional board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of the law. (b) Each regional board, hospital, and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance."
SECTION 20. Said title is further amended by striking Code Section 37-2-11, relating to allocation of funds for services and related matters, and inserting in its place the following:
"37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional boards shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional board division, shall be reported to the regional board division and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a CSB established pursuant to Code Section 37-2-5.3 derived from fees may be used to further the purposes of such CSB as found in said Code section. The regional boards with guidance from the division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional boards division shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service board or the regional board division; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources."
SECTION 21. Said title is further amended by striking subsections (a) and (b) of Code Section 37-211.1, relating to venue in actions against regional boards or community service boards, and inserting in their respective places the following:

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"(a) Venue for the purpose of any action against a regional board or community service board shall be the county in which the principal office of such regional board or community program service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the regional or community service board. (b) In any legal proceeding, a regional board and the regional unit shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General Reserved."
SECTION 22. Said title is further amended by striking Code Section 37-2-11.2, relating to access by the Department of Human Resources or regional board to records of any program receiving public funds and related matters, and inserting in its place the following:
"37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human Resources or a regional board shall be required to provide the department or the appropriate regional board or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any regional board unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in treatment for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for mental retardation shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for the abuse of, or dependency on, alcohol, narcotics, or other drugs shall be governed by the provisions of Code Section 37-7-166."
SECTION 23. Said title is further amended by striking paragraphs (5) and (6) of Code Section 37-2-30, relating to definitions, and inserting in their respective places the following:
"(5) 'Service recipient' means a person with a disability who receives or is eligible to receive disability services from a services provider which provides disability services in a regional board district region in which the program is operated. (6) 'Services provider' means a community service board or state or local governmental entity, but not a regional board, which provides disability services to service recipients in a regional board district region in which the program is operated

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or which contracts for the provision of those services or any person, corporation, or business which provides disability services to service recipients in a regional board district region in which the program is operated."
SECTION 24. Said title is further amended by striking Code Section 37-2-32, relating to a community ombudsman program, and inserting in its place the following:
"37-2-32. The state ombudsman shall contract with one or more nonprofit corporations to operate a community ombudsman program in one or more regional board districts regions in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for service recipients and secures as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification."
SECTION 25. Said title is further amended by striking Code Section 37-2-36, relating to investigations, and inserting in its place the following:
"37-2-36. (a) Following an investigation, the state ombudsman or community ombudsman may report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman may first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any service recipient, the state ombudsman or community ombudsman may refer the complaint to the appropriate regional board division and any other appropriate agency. (b) Complaints or conditions adversely affecting service recipients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional board division and any other appropriate agency. (c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to the appropriate regional board division and any other appropriate governmental agency for action."

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SECTION 26. Said title is further amended by striking Code Section 37-2-39, relating to preparation and distribution of written notice of program and related matters, and inserting in its place the following:
"37-2-39. The state ombudsman shall prepare and distribute to each services provider in the state and regional board in which the program is operated the division a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in charge of such provider shall give the written notice required by this Code section to each service recipient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the state ombudsman and shall give such notice to any service recipient and his or her legally appointed guardian, if any, who did not receive it upon the service recipients first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40."
SECTION 27. Said title is further amended by striking subsections (b) and (d) of Code Section 37-2-40, relating to discrimination or retaliation and sanctions, and inserting in their respective places the following:
"(b) A member of a regional board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division." "(d) An action against a member of a regional board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure."
SECTION 28. Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2001, or any action or proceeding commenced prior to July 1, 2001, under any law amended or repealed by this Act.
SECTION 29. This Act shall become effective July 1, 2001, except that those provisions which authorize community service boards to elect not to become CSBs prior to May 1, 2001, which authorize appointments to CSBs after April 30, 2001, or which authorize CSBs to elect to continue to be constituted as lead county boards of health shall become effective

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upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 30. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Harrell of the 62nd, Royal of the 164th, Byrd of the 170th, Childers of the 13th, and Martin of the 47th move to amend the Floor substitute to HB 498 by striking lines 4 through 8 on page 1 and inserting in lieu thereof the following:
"to mental health, so as to change the regional mental health, mental retardation, and substance abuse boards and planning units and to create regional mental health, mental retardation, and substance abuse planning unit boards and to transfer functions, duties, and obligations; to provide for definitions; to".
By striking line 23 on page 3 and inserting in lieu thereof the following:
"personnel as well as regional planning unit boards and community service boards;'"
By striking line 9 on page 4 and inserting in lieu thereof the following:
"Said title is further amended by striking paragraphs (2.1), (8), (8.1), and (9) of Code section".
By striking lines 25 through 28 on page 4 and inserting in lieu thereof the following:
"(8.1)(8) 'Regional planning unit' or 'unit' means a regional mental health, mental retardation, and substance abuse planning unit created under Code Section 37-2-4.1. (9) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs.'"
By striking line 19 on page 5 and inserting in lieu thereof the following:
"(c) To the extent practicable, the boundaries for regional boards and planning units and community".
By striking Section 8, beginning on line 11 on page 6 and ending on line 9 on page 7, and inserting in its place a new Section 8 to read as follows:

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"SECTION 8. Said title is further amended by striking Code Section 37-2-4.1, relating to regional mental health, mental retardation, and substance abuse planning units, and inserting in its place the following:
'37-2-4.1. (a) There are created within the division regional mental health, mental retardation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary by the board. In accordance with Code Section 37-2-3, the board shall initially establish the boundaries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Section 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority. (b) There is created a separate regional mental health, mental retardation, and substance abuse planning unit board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term "regional mental health, mental retardation, and substance abuse planning unit board" as that regional board may, from time to time, choose and designate by official action. (c) Effective July 1, 2001, the regional mental health, mental retardation, and substance abuse boards created by the prior provisions of this Code section shall become regional mental health, mental retardation, and substance abuse planning unit boards. Except for the duties associated with planning, the department, on and after that date, shall succeed to the powers, duties, obligations, and functions of regional mental health, mental retardation, and substance abuse boards unless otherwise provided by this chapter. The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by any such regional board and which pertain to the powers, duties, obligations, and functions retained by the regional mental health, mental retardation, and substance abuse planning unit boards or transferred to the department by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of such retention or transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.'"

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By striking Section 9, beginning on line 10 on page 7 and ending on line 36 on page 9, and inserting in lieu thereof a new Section 9 to read as follows:
"SECTION 9. Said title is further amended by striking Code Section 37-2-5, relating to regional boards establishing policy and direction for disability services and related matters, and inserting in its place the following:
'37-2-5. (a) Each regional planning unit board shall establish policy and direction plan for disability services planning, delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning unit board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional planning unit board which serves the region in which that community service board is included; or (B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board.

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(2) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or planning unit board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning unit board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning unit board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional planning unit board. (c) In making appointments to the regional planning unit board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning unit board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally Ill, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates. (d) Members of the regional mental health, mental retardation, and substance abuse board in office on June 30, 2001, shall become members of the regional planning unit board on July 1, 2001, and shall serve out the balance of their terms and until their successor is appointed and qualified. Initial appointments to the regional board shall be made by August 1, 1993. Initial terms of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the regional planning unit board shall be for a period of three years and until the members successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning unit board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity, or such other reasonable condition as the regional planning unit board may impose under their bylaws. Vacancies on the regional planning unit board shall be filled in the same manner as the original appointment. (e) Prior to December 31, 1993, each Each regional planning unit board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute at least approximately one-half of

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the appointments to the regional planning unit board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the regional planning unit board. Any regional planning unit board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional planning unit board shall be elected from among the members of the regional planning unit board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the regional planning unit board. The bylaws may also provide for the appointment by the regional planning unit board of an advisory committee or advisory committees to work with the regional planning unit board in addressing various issues. Prior to their adoption by the regional planning unit board, the bylaws shall be submitted to the division for review and approval. The regional planning unit board must have the written approval of the director of the division prior to the adoption of bylaws. (f) The regional planning unit board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning unit board. (g) Each member of the regional planning unit board may, upon regional board approval, receive reimbursement for actual expenses not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for 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. (h) Each regional planning unit board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.'"
By striking lines 6 through 27 of page 10 and inserting in lieu thereof the following:
"(a) Each mental health, mental retardation, and substance abuse regional planning unit board shall be served by an executive director, who shall be duly qualified and appointed by the director of the division with the approval of the regional board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleasure of the division director. An executive director may be appointed to serve the regional board only with such boards approval. At any time during the tenure of the executive director, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the

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director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor. (b) The executive director of the regional board may appoint such other staff and personnel to work for the unit as that executive director and board deem deems necessary and appropriate. The executive director and such staff and personnel shall be employees of the division. Expenses for the regional mental health, mental retardation, and substance abuse planning unit board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board planning unit for planning and service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional mental health, mental retardation, and substance abuse planning unit board and the unit."
By striking lines 23 though line 29 on page 11 and inserting in lieu thereof the following:
"(1) To prepare, in consultation with the regional planning unit boards, consumers and families, community programs, hospitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability services in the each region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request. The division shall provide technical and professional expertise to the regional planning unit board upon request. Such plan may include, by way of illustration without".
By striking lines 24 through 28 on page 12 and inserting in lieu thereof the following:
"(H) A statement of the anticipated administrative and operating budget for the regional planning unit board, the executive director, and the staff of the unit; (I) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue in each region; and (J) A consumer satisfaction survey conducted during the previous year in a manner".
By striking line 10 on page 29 and inserting in lieu thereof the following:
"regional planning unit boards, the community service boards, hospitals, and other public and private".
By striking line 2 on page 30 and inserting in lieu thereof the following:

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"the Governors council, the regional planning unit boards, the hospitals, the community service boards,".
By striking lines 14 and 15 on page 30 and inserting in lieu thereof the following:
"To the maximum extent possible, disability services provided by the division, and the regional planning unit boards, hospitals, community service boards, and other public and private".
By striking line 24 on page 30 and inserting in lieu thereof the following:
"(a) Each regional planning unit board and community service board shall comply with the provisions of".
By striking line 28 on page 30 and inserting in lieu thereof the following:
"(b) Each regional planning unit board, hospital, and community service board and other public and".
By striking lines 6 and 7 on page 31 and inserting in lieu thereof the following:
"all citizens of this state. In funding and providing disability services, the division and the regional planning unit boards shall ensure that all providers, public or private, meet minimum standards".

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye E Keen

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner

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Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

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

Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall N McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix E Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McClinton of the 68th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Joyce of the 1st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 455. By Representatives Watson of the 70th, Maddox of the 72nd, Heard of the 89th, Harbin of the 113th, Turnquest of the 73rd and others:

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A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide comprehensive regulation of the dissemination of financial information; to provide a short title; to provide a statement of the purpose of the provisions; to provide definitions; to provide for privacy notices and opt-out notices; to provide for limits on disclosure of information; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide comprehensive regulation of the dissemination of financial information; to provide a short title; to provide a statement of the purpose of the provisions; to provide definitions; to provide for privacy notices and opt-out notices; to provide for limits on disclosure of information; to provide for exceptions; to provide for rules and regulations; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in their entirety paragraphs (6) and (20) of Code Section 33-39-3, relating to definitions, and inserting in lieu thereof new paragraphs (6) and (20) and inserting a new paragraph (10.1) to read as follows:
"(6) 'Consumer report' means any written, oral, or other communication of information bearing on a natural persons credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used in connection with an insurance transaction." "(10.1) 'Information' does not include nonpublic personal financial information as defined in Code Section 33-39A-3." "(20) 'Personal information' means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individuals character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. 'Personal information' does not include an individuals name, address, and age when no other underwriting information is gathered on that individual nor does it include any 'privileged information.'"

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SECTION 2. Said title is further amended by inserting a new Chapter 39A to read as follows:
"CHAPTER 39A ARTICLE 1
33-39A-1. This chapter shall be known and may be cited as the 'Financial Information Privacy Protection Act.'
33-39A-2. This chapter shall be liberally construed and applied to promote uniformity and functional regulation by:
(1) Implementing Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq., herein after referred to as 'GLBA', that requires financial institutions, including insurers, to respect the privacy of their customers and to protect the security and confidentiality of those customers nonpublic personal financial information; (2) Establishing appropriate consumer privacy standards for insurance providers to be administered by this states insurance regulatory authorities; (3) Ensuring, pursuant to Section 6805(c) of GLBA, that this state shall be eligible to override, pursuant to Section 47(g)(2)(B)(iii) of the Federal Deposit Insurance Act, the insurance customer protections prescribed by a federal banking agency under Section 45(a) of such act; (4) Requiring, pursuant to Sections 6802 and 6803 of GLBA, that insurers maintain a privacy policy that is clearly communicated to customers and, under certain circumstances, to consumers; and that, subject to appropriate exceptions, no nonpublic personal financial information be disclosed to nonaffiliated third parties unless a consumer has been given a chance to opt out of having his or her information disclosed; (5) Providing for the enforcement of this chapter by the Commissioner of Insurance; and (6) Authorizing the Commissioner of Insurance to promulgate regulations as determined to be necessary to effectuate the purposes of this chapter.
33-39A-3. As used in this chapter, the term:
(1) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company. (2) 'Agent' means any agent, surplus lines broker, subagent, counselor, or adjuster as defined in Code Section 33-23-1. (3) 'Clear and conspicuous' means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.

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(4) 'Collect' means to obtain information that the licensee organizes or can retrieve by the name of an individual or by an identifying number, symbol, or other particular assigned to the individual, irrespective of the source of the underlying information. (5) 'Company' means any corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, or similar organization.
(6)(A) 'Consumer' means an individual, or that individuals legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service in this state from a licensee that is to be used primarily for personal, family, or household purposes and about whom the licensee has nonpublic personal financial information, including, but not limited to:
(i) An individual who provides nonpublic personal financial information to a licensee in connection with seeking to obtain or obtaining financial, insurance, investment, or economic advisory services regardless of whether the licensee establishes an ongoing relationship; (ii) An applicant for insurance prior to the inception of insurance coverage; (iii) An individual who provides nonpublic personal financial information to a licensee in order to obtain a determination about whether he or she may qualify for a loan to be used primarily for personal, family, or household purposes, regardless of whether the loan is extended; and (iv) To the extent that a licensee collects any nonpublic personal financial information for any reason on a beneficiary or claimant, then such beneficiary or claimant shall be deemed a consumer under this chapter. (B) 'Consumer' does not necessarily include an individual who: (i) Is a beneficiary of a trust for which the licensee is a trustee; (ii) Is a third-party liability claimant; (iii) Has designated the licensee as trustee for a trust; (iv) Is a consumer of another financial institution to which the licensee acts as agent for, or provides processing or other services; (v) Is a participant or a beneficiary of an employee benefit plan that the licensee administers or sponsors or for which the licensee acts as a trustee, insurer, or fiduciary; or (vi) Is covered under a group or blanket insurance policy or group annuity contract issued by the licensee:
(I) Provided that the licensee provides the initial, annual and revised notices under Code Sections 33-39A-20, 33-39A-21, and 33-39A-22 of this chapter to the plan sponsor, group or blanket insurance policyholder, or group annuity contract holder; and (II) Provided that the licensee does not disclose to a non-affiliated third party nonpublic personal financial information about such an individual other than as permitted under Code Sections 33-39A-60, 33-39A-61, and 33-39A-62 of this chapter.

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In no event shall the individual, solely by virtue of the status described in divisions (6)(B)(v) and (6)(B)(vi), be deemed to be a customer for purposes of this chapter. (7) 'Consumer reporting agency' has the same meaning as in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(f)) and Code Section 10-1-392 and, for the purposes of this chapter, shall include insurers. (8) 'Control' means: (A) Ownership, control, or power to vote 25 percent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons; (B) Control in any manner over the election of a majority of the directors, trustees, or general partners, or individuals exercising similar functions, of the company; or (C) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the Commissioner of Insurance determines. (9) 'Customer' means a consumer who has a customer relationship with a licensee. In no event, however, shall a beneficiary or a claimant under a policy of insurance, solely by virtue of their status as a beneficiary or claimant, be deemed to be a customer for the purposes of this chapter if nonpublic personal financial information has not been collected from the beneficiary or claimant by a licensee. (10) 'Customer relationship' means a continuing relationship between a consumer and a licensee under which the licensee provides one or more financial products or services to the consumer that are to be used primarily for personal, family, or household purposes. For a 'customer relationship' to be established, a consumer must meet certain criteria, including, but not limited to, the following: (A) Be a current policyholder of an insurance product or other product issued by or through a licensee; or (B) Obtain financial, investment, or economic advisory services relating to an insurance product or service from a licensee for a fee. (11) 'Financial institution' means the same as that term is defined in Section 509(3) of GLBA and is as follows: (A) The term 'financial institution' means any institution the business of which is engaging in financial activities as described in Section 4(k) of the federal Bank Holding Company Act of 1956; (B) Notwithstanding subparagraph (A), the term 'financial institution' does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the federal Commodity Exchange Act; (C) Notwithstanding subparagraph (A), the term 'financial institution' does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971; and (D) Notwithstanding subparagraph (A), the term 'financial institution' does not include institutions chartered by Congress specifically to engage in transactions described in Section 502(e)(1)(C) of the GLBA, so long as such institutions do not

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sell or transfer nonpublic personal financial information to a nonaffiliated third party. (12) 'Financial product or service' means any product or service that is offered by a licensee pursuant to this title, including, but not limited to, a licensees evaluation or brokerage of information that the licensee collects in connection with a request or an application from a consumer for a financial product or service. (13) 'Licensee' means a person or other covered entity who is licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered pursuant to this title. A licensee that is a producer or independent insurance agent is subject to all the requirements of this chapter, except when the producer or agent is acting as agent for a licensee. A producer acting as agent for a licensee is exempt only from the notice requirements of this chapter, and only if such producer does not disclose consumer information other than as permitted by Code Sections 3339A-60, 33-39A-61, and 33-39A-62. (A) 'Covered entities' shall include unauthorized insurers who place business through licensed surplus line brokers in this state but only in regard to the surplus line placements placed pursuant to Article 2 of Chapter 5 of this title. (B) Licensed surplus line brokers placing business underwritten by covered entities and those covered entities shall be deemed to be in compliance with the notice and opt-out requirements for nonpublic personal financial information set forth in this chapter provided:
(i) Such licensed surplus line brokers and covered entities do not disclose nonpublic personal financial information of a consumer or a customer to nonaffiliated third parties for any purpose, including joint servicing or marketing under Code Section 33-39A-60, except as permitted by Code Section 33-39A-61 or 33-39A-62; and (ii) At the time the customer relationship is established, a single notice is delivered to the consumer on behalf of all such licensed surplus line brokers and covered entities involved in the provision of a financial product or service to a consumer or customer on which the following is printed in 16 point type:
'PRIVACY NOTICE
NEITHER THE U.S. BROKER(S) THAT HANDLED THIS INSURANCE NOR THE INSURER(S) THAT HAVE UNDERWRITTEN THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL FINANCIAL INFORMATION CONCERNING THE BUYER TO NONAFFILIATES OF SUCH BROKER(S) OR SUCH INSURER(S) EXCEPT AS PERMITTED BY LAW.' (14) 'Nonaffiliated third party' means any person, including, but not limited to, any company that is an affiliate solely by virtue of the licensees or its affiliates direct or indirect ownership or control of the company conducting:

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(A) Merchant banking or investment banking activities of the type described in Section 4(k)(4)(H) of the federal Bank Holding Company Act; or (B) Insurance company investment activities of the type described in Section 4(k)(4)(I) of the federal Bank Holding Company Act (12 U.S.C. 1843(k)(4)(H) and (I)), except:
(i) The licensees affiliate; or (ii) A person employed jointly by a licensee and any company that is not the licensees affiliate. Nonaffiliated third party includes the other company that jointly employs the person. (15) 'Nonpublic personal financial information' means: (A) Personally identifiable financial information; (B) Any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available; and (C) Any list of individuals names and street addresses that is derived in whole or in part using personally identifiable financial information that is not publicly available, such as policy or contract numbers. (D) Nonpublic personal financial information does not include: (i) Health information which shall be governed by the provisions of Chapter 39 of this title; (ii) Publicly available information, except as included on a list as described in division (iv) of this subparagraph; (iii) Any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived without using any personally identifiable financial information that is not publicly available; or (iv) Any list of individuals names and addresses that contains only publicly available information, is not derived in whole or in part using personally identifiable information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution. (16) 'Opt out' means a direction by the consumer that a licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by Code Sections 33-39A-60, 33-39A-61, and 33-39A62. (17) 'Personally identifiable financial information' means financial information: (A) A consumer provides to a licensee to obtain a financial product or service from the licensee; (B) About a consumer resulting from any transaction involving a financial product or service between a licensee and a consumer; or (C) A licensee otherwise obtains about a consumer in connection with providing a financial product or service to that consumer. (18) 'Publicly available information' means any information that the licensee has a reasonable basis to believe is lawfully made available to the general public from:

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(A) Federal, state, or local government records; (B) Widely distributed media; or (C) Disclosures to the general public that are required to be made by federal, state or local law. (19) 'Reasonable basis' means the licensee has a reasonable basis to believe that information is lawfully made available to the general public because the licensee has taken steps to determine: (A) That the information is of the type that is available to the general public; and (B) Whether an individual can direct that the information not be made available to the general public and, if so, that a licensees consumer has not done so.
33-39A-4. This chapter:
(1) Requires a licensee to provide notice to customers and, under certain circumstances, to consumers about its privacy policies and practices; (2) Describes the conditions under which a licensee may disclose nonpublic personal financial information about consumers and customers to nonaffiliated third parties; (3) Provides a method for consumers and customers to prevent a licensee from disclosing that information unless otherwise exempted as routine business disclosures in Code Section 33-39A-60, 33-39A-61, or 33-39A-62; (4) Establishes reasonable exceptions in Code Sections 33-39A-60, 33-39A-61, and 33-39A-62 of this chapter to the notice requirements of licensees and the ability of consumers and customers to opt out of or authorize certain disclosures; and (5) Applies only to nonpublic personal financial information about individuals who obtain financial products or services in this state from an insurer for personal, family, or household purposes. This chapter does not apply to information about companies or individuals who obtain financial products or services for business, commercial, or agricultural purposes. In particular, this chapter does not apply to commercial insurance policies issued by the licensee.
ARTICLE 2
33-39A-20. (a) A licensee must provide a clear and conspicuous notice that accurately reflects the licensees privacy policies and practices to:
(1) An individual who becomes a licensees customer, not later than the time that the licensee establishes a customer relationship, except as provided in subsection (e) of this Code section; and (2) A consumer, before a licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if a licensee makes such a disclosure other than as authorized by Code Sections 33-39A-61 and 33-39A62.

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(b) A licensee is not required to provide an initial notice to a consumer under subsection (a) of this Code section if:
(1) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by Code Sections 33-39A-61 and 33-39A-62; (2) The licensee does not have a customer relationship with the consumer; or (3) A notice has been provided by an affiliated licensee, so long as the notice clearly identifies all licensees to whom the notice applies or states that it applies to all affiliates of the named licensee, and is accurate with respect to the licensee and the other institutions. (c)(1) A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship, where the consumers status is other than solely a beneficiary or claimant. (2) A licensee establishes a customer relationship under circumstances including, but not limited to, the following:
(A) When the consumer becomes a policyholder. This occurs when an insurance policy or contract is delivered to the consumer; or (B) When the consumer agrees to obtain financial, insurance, economic, or investment advisory services from the licensee for a fee. (d) When an existing customer obtains a new financial product or service from a licensee that is to be used primarily for personal, family, or household purposes, a licensee satisfies the initial notice requirements of subsection (a) of this Code section as follows: (1) A licensee may provide a revised policy notice, under Code Section 33-39A-25, that covers the customers new financial product or service; or (2) If the initial, revised, or annual notice that a licensee most recently provided to that customer was accurate with respect to the new financial product or service, a licensee does not need to provide a new privacy notice under subsection (a) of this Code section. (e) A licensee may provide the initial notice required by paragraph (1) of subsection (a) of this Code section within a reasonable time after the licensee establishes a customer relationship if: (1) Establishing the customer relationship is not at the customers election, including, but not limited to, if the licensee acquires or is assigned the insurance policy or related records from another financial institution or residual market mechanism and the customer does not have a choice about such acquisition or assignment; or (2) Providing notice not later than when the licensee establishes the customer relationship would substantially delay the customers transaction, including, but not limited to, when the licensee and the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the financial product or service, and the customer agrees to receive the notice at a later time.

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(f) If two or more consumers jointly obtain a financial product or service from a licensee, the licensee may satisfy the requirements of subsection (a) of this Code section by providing one initial notice to those consumers jointly. (g) When a licensee is required to deliver an initial privacy notice by this Code section, a licensee must deliver it according to Code Section 33-39A-26. If a licensee uses a short form initial notice for noncustomers according to subsection (c) of Code Section 33-39A-22, the licensee may deliver its privacy notice according to paragraph (3) of subsection (c) of Code Section 33-39A-22.
33-39A-21. (a) A licensee must provide a clear and conspicuous notice to a customer that accurately reflects the licensees privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 consecutive months during which that relationship exists. A licensee may define the 12 consecutive month period, but the licensee must apply it to the customer on a consistent basis. (b) A licensee is not required to provide an annual notice to a former customer. A former customer is an individual with whom a licensee no longer has a customer relationship. A licensee no longer has a customer relationship with an individual:
(1) If the individual no longer is a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee; (2) If the individuals policy is lapsed, expired, or otherwise inactive or dormant under the licensees business practices and the licensee has not communicated with the customer about the relationship for a period of 12 consecutive months other than to provide annual privacy notices, materials required by law or regulation, or promotional materials; (3) If the individuals last known address according to the licensees records is deemed to be invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful; or (4) In the case of providing real estate settlement services, at the time the customer completes execution of all documents related to the real estate closing, payment for those services has been received or once the licensee has completed all of its responsibilities with respect to the settlement including filing documents on the public record, whichever is later. (c) When the licensee is required to deliver an annual privacy notice by this Code section, the licensee must deliver it according to Code Section 33-39A-25. (d) Such annual notice may be provided by an affiliated licensee, so long as the notice clearly identifies all licensees to which the notice applies or states that it applies to all affiliates of the named licensee, and is accurate with respect to the licensee and other institutions.

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33-39A-22 (a) The initial, annual, and revised privacy notices that a licensee provides under Code Sections 33-39A-20, 33-39A-21, and 33-39A-24 must include each of the following items of information that applies to the licensee or to the consumers to whom the licensee sends its privacy notice, in addition to any other information the licensee wishes to provide:
(1) The categories of nonpublic personal financial information that the licensee collects; (2) The categories of nonpublic personal financial information that the licensee discloses; (3) The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under Code Sections 33-39A-61 and 33-39A-62; (4) The categories of nonpublic personal financial information about the licensees former customers that it discloses and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about its former customers, other than those parties to whom it discloses information under Code Sections 33-39A-61 and 33-39A-62; (5) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under Code Section 33-39A-60 and no other exception applies to that disclosure, a separate statement of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted; (6) An explanation of the right under Code Section 33-39A-40 to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise those rights at that time; (7) Any disclosures that the licensee makes under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(A)(iii)), that is, notices regarding the ability to opt out of disclosures of information among affiliates; (8) The licensees policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information; and (9) A statement to the effect that the licensee makes disclosures under subsection (b) of this Code section, if such disclosures are made. (b) If a licensee discloses nonpublic personal financial information about a consumer to third parties only as authorized under Code Sections 33-39A-61 and 33-39A-62, the licensee is not required to list those exceptions in the initial or annual privacy notices required by this chapter. When describing the categories with respect to those parties, a licensee is only required to state that it makes disclosures to other nonaffiliated third parties as permitted by law. (c)(1) The licensee may satisfy the initial notice requirements of this chapter for a consumer who is not a customer by providing a short form initial notice at the same time as the licensee delivers an opt-out notice as required in Code Section 33-39A-25. (2) A short form initial notice must:
(A) Be clear and conspicuous;

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(B) State that a licensees privacy notice is available upon request; and (C) Explain a reasonable means by which the consumer may obtain that notice, including, but not limited to, providing a toll-free telephone number the consumer may call to request the notice or, for a consumer who conducts business in person in the licensees office, providing notice to the consumer immediately upon request. (3) The licensee must deliver its short form notice according to Code Section 3339A-25. A licensee is not required to deliver its privacy notice with its short form initial notice. A licensee may instead simply provide the consumer with a reasonable means to obtain the licensees privacy notice. If a consumer who receives the licensees short form notice requests the licensees privacy notice, the licensee must deliver its privacy notice according to Code Section 33-39A-25. (d) A licensees notice may include: (1) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future but does not currently disclose; and (2) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom it does not currently disclose, nonpublic personal financial information.
33-39A-23. (a) If a licensee is required to provide an opt-out notice under Code Section 33-39A40, the licensee must provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice must state:
(1) That the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party; (2) That the consumer has the right to opt out of that disclosure; and (3) A reasonable means by which the consumer may exercise the opt out-right, provided that the licensee may require that the consumer opt out through a specified procedure, so long as the procedure is reasonable for that consumer. A licensee provides reasonable procedures to exercise an opt-out right if it:
(A) Designates check off boxes in a prominent position on the relevant forms with the opt-out notice; (B) Includes a reply form together with the opt-out notice; (C) Provides an electronic means to opt out, such as a form that can be sent via electronic mail or a process at the licensees website, if the consumer agrees to the electronic delivery of information; (D) Provides a toll-free telephone number that consumers may call to opt out; or (E) Provides the opt-out notice together with or on the same written or electronic form as the initial notice the licensee provides in accordance with Code Section 3339A-20. (b) If a licensee provides the opt-out notice later than required for the initial notice in accordance with subsection (e) of Code Section 33-39A-20, the licensee must also include a copy of the initial notice in writing or, if the consumer agrees, electronically.

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(c)(1) If two or more consumers jointly obtain a financial product or service from a licensee, the licensee may provide a single opt-out notice. The licensees opt-out notice must explain how the licensee will treat an opt-out direction by a joint consumer as provided in paragraph (2) of this subsection. (2) Any of the joint consumers may exercise the right to opt out. The licensee may either:
(A) Treat an opt-out direction by a joint consumer as applying to all of the associated joint consumers; or (B) Permit each joint consumer to opt out separately. (3) If the licensee permits each joint consumer to opt out separately, the licensee must permit one of the joint consumers to opt out on behalf of all of the joint consumers. (4) A licensee may not require all joint consumers to opt out before the licensee implements any opt-out direction. (d) A licensee must comply with a consumers opt-out direction as soon as reasonably practicable after the licensee receives it. (e) A consumer may exercise the right to opt out at any time. (f)(1) A consumers direction to opt out under this Code section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. (2) When a customer relationship terminates, the customers opt-out direction continues to apply to the nonpublic personal financial information the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt-out direction that applied to the former relationship does not apply to the new relationship. (g) When a licensee is required to deliver an opt-out notice by this Code section, the licensee must deliver it in accordance with Code Section 33-39A-25.
33-39A-24. (a) Except as otherwise authorized in this chapter, a licensee shall not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under Code Section 33-39A-20, unless:
(1) The licensee has provided to the consumer a revised notice that accurately describes the licensees policies and practices; (2) The licensee has provided to the consumer a new opt-out notice and, if appropriate, an authorization as required in Code Section 33-39A-60; (3) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of or, if appropriate, authorize the disclosure; and (4) The consumer does not opt out or, if appropriate, the consumer authorizes the disclosure. (b) When the licensee is required to deliver a revised privacy notice by this Code section, the licensee must deliver it in accordance with Code Section 33-39A-25.

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33-39A-25. (a) A licensee must provide all privacy and opt-out notices, including short form initial notices, that this chapter requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
(1) The licensee may reasonably expect that a consumer will receive actual notice if the licensee:
(A) Hand delivers a printed copy of the notice to the consumer; (B) Mails a printed copy of the notice to the last known address of the consumer, separately or in a policy, billing, or other written communication; (C) Electronically, clearly, and conspicuously posts the notice on the electronic site for the consumer who regularly accesses the licensees website to conduct transactions; or (D) For an isolated transaction with the consumer, such as the licensee providing an insurance quote or selling the consumer travel insurance, posts the notice and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular financial product or service. (2) A licensee may not reasonably expect that a consumer will receive actual notice of the licensees privacy policies and practices if the licensee: (A) Only posts a sign in its branch or office or generally publishes advertisements of its privacy policies and practices; or (B) Sends the notice via electronic mail to a consumer who does not obtain a financial product or service electronically. (b) A licensee may reasonably expect that a customer will receive actual notice of the licensees annual privacy notice if: (1) The customer agrees to receive notices at the website, and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the website; or (2) The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensees current privacy notice remains available to the customer upon request. (c) A licensee may not provide any notice required by this chapter solely by oral explanation of the notice, either in person or over the telephone. (d) For customers only, a licensee must provide the initial notice, the annual notice, and the revised notice required by this chapter, so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically, including, but not limited to, hand delivering a printed copy of the notice to the customer, mailing a printed copy of the notice to the last known address of the customer upon the request of the customer, or making the licensees current privacy notice available on a website for the customer who agrees to receive the notice at a website. (e) A licensee may provide a joint notice from the licensee and one or more of the licensees affiliates, other licensees, or other financial institutions or on behalf of another financial institution, so long as the notice is accurate with respect to the licensee and the other institutions.

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(f) If two or more consumers jointly obtain a financial product or service from a licensee, the licensee may satisfy the initial, annual, and revised notice requirements of this chapter by providing one notice to those consumers jointly.
33-39A-26. (a) No licensee shall unfairly discriminate against any customer or consumer on the basis of the customers or consumers exercise of his or her right to opt out of the sharing of his or her nonpublic personal financial information in the manner provided in this chapter. Nothing in this Code section shall prohibit licensees from engaging in their usual, appropriate, or acceptable method for insurance underwriting. (b) Nothing in this chapter requires a licensee to provide a benefit or commence or continue payment of a claim in the absence of nonpublic personal financial information to support or deny the claim.
ARTICLE 3
33-39A-40. (a) Except as otherwise authorized in this chapter, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:
(1) The licensee has provided to the consumer an initial notice as required under Code Section 33-39A-20; (2) The licensee has provided to the consumer an opt-out notice as required in Code Section 33-39A-24; (3) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure. Methods of complying with this provision include, but are not limited to:
(A) The licensee mailing the notice required in paragraph (1) of this subsection to the consumer and allowing the consumer to opt out by mailing a form, calling a tollfree telephone number, or any other reasonable means within 30 days from the date the licensee mailed the notice; (B) A customer opening an on-line account with the licensee and agreeing to receive the notice required in paragraph (1) of this subsection electronically, and the licensee making the notice available to the customer on its website and allowing the customer to opt out by any reasonable means within 30 days after the date that the customer acknowledges receipt of the notice in conjunction with opening the account; or (C) For an isolated transaction, such as providing the consumer with an insurance quote, a licensee providing a reasonable opportunity to opt out if the licensee provides the consumer the notice required in paragraph (1) of this subsection at the time of the transaction and requests that the consumer decide, as a necessary act of the transaction, whether to opt out before completing the transaction; and (4) The consumer declining the opt-out right.

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(b)(1) A licensee must comply with this Code section, regardless of whether the licensee and the consumer have established a customer relationship. (2) Unless a licensee complies with this Code section, the licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer that it has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer.
33-39A-41. (a) If the licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in this chapter, the licensees disclosure and use of that information is limited as follows:
(1) The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information; (2) The licensee may disclose the information to its affiliates and agents, but the affiliates and agents may, in turn, disclose and use the information only to the extent that the licensee may disclose and use the information; and (3) The licensee may disclose and use the information pursuant to an exception in Code Section 33-39A-61 or 33-39A-62 in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information. (b) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in this chapter, the licensee may disclose the information only: (1) To the affiliates of the financial institution from which the licensee received the information; (2) To the licensees affiliates and agents, but the licensees affiliates and agents may, in turn, disclose the information only to the extent that the licensee can disclose the information; and (3) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information. (c) If the licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in Code Section 33-39A-61 or 33-39A-62, the third party may disclose and use that information only as follows: (1) The third party may disclose the information to the licensees affiliates; (2) The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information; and (3) The third party may disclose and use the information pursuant to an exception in Code Section 33-39A-61 or 33-39A-62 in the ordinary course of business to carry out the activity covered by the exception under which it received the information. (d) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in Code Section 33-39A-61 or 33-39A-62, the third party may disclose the information only:

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(1) To the licensees affiliates; (2) To the third partys affiliates, but the third partys affiliates, in turn, may disclose the information only to the extent the third party can disclose the information; and (3) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.
33-39A-42. (a) A licensee must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy or contract number or similar form of access number or access code for a consumers credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. (b) Subsection (a) of this Code section does not apply if the licensee discloses a policy or contract number or similar form of access number or access code:
(1) To the licensees agent or service provider solely in order to perform marketing for the licensees products or services, so long as the agent or service provider is not authorized to directly initiate charges to the account; (2) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program; or (3) To a licensee who is a producer solely in order to perform marketing for the licensees own products or services.
ARTICLE 4
33-39A-60 (a) The opt-out requirements of this chapter do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for or functions on behalf of the licensee, if the licensee: (1) Provides the initial notice in accordance with this chapter; and
(2) Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in Code Section 33-39A-61 or 33-39A-62, in the ordinary course of business to carry out those purposes. (b) A licensee may use and disclose personally identifiable financial information to a person acting on behalf of or at the direction of the licensee to perform the licensees insurance functions, including, but not limited to, claims administration; claims adjustment and management; fraud investigation; underwriting; loss control; rate making functions; reinsurance; risk management; case management; disease management; quality assessment; quality improvement; provider credentialing verification; utilization review; peer review activities; grievance procedures; internal administration of compliance, managerial, and information systems; policyholder

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service functions; account administration; processing premium payments; processing insurance claims; administering insurance benefits, including utilization review activities; participating in research projects; and as otherwise required or specifically permitted by federal or state law. (c) The services performed for a licensee by a nonaffiliated third party under subsection (a) this Code section may include marketing of the licensees own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions. (d) For purposes of this Code section, 'joint agreement' means a written contract pursuant to which a licensee and one or more financial institutions jointly offer, endorse, or sponsor a financial product or service.
33-39A-61. (a) The requirements for initial notice to consumers in paragraph (2) of subsection (a) of Code Section 33-39A-20, providing the opt-out opportunity to consumers and customers, and the application of this chapter to service providers and joint marketing do not apply if a licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with:
(1) Servicing or processing a financial product or service requested or authorized by the consumer, including such products or services under consideration by a consumer; (2) Maintaining or servicing the consumers account with the licensee or with another entity; (3) Transactions involving a person acting as agent of the licensee, provided such agent agrees not to disclose said nonpublic personal financial information to additional third parties; or (4) A proposed or actual securitization; secondary market sale, including sales of servicing rights; or similar transaction related to a transaction of the consumer. (b) The requirements of this chapter do not apply if a licensee discloses nonpublic personal financial information for any purpose related to effecting, administering, or replacing a group benefit plan, a group health plan, or a group welfare plan. (c) 'Necessary to effect, administer, or enforce a transaction' means, in this Code section, that the disclosure is: (1) Required, or is one of the lawful or appropriate methods, to enforce the licensees rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or (2) Required, or is a usual, appropriate, or acceptable method:
(A) To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumers account in the ordinary course of providing the financial service or financial product; (B) To administer, adjudicate, or service benefits or claims relating to the transaction or the product or service business of which it is a part;

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(C) To provide a confirmation, statement, or other record of the transaction or information on the status or value of the financial service or financial product to the consumer or the consumers agent or broker; (D) To accrue or recognize incentives or bonuses associated with the transaction that are provided by the licensee or any other party; (E) To underwrite insurance at the consumers request or for reinsurance purposes or for any of the following purposes as they relate to a consumers insurance: account administration; reporting; investigating; preventing fraud or material misrepresentation; processing premium payments; processing insurance claims; administering insurance benefits, including utilization review activities; participating in research projects; or as otherwise required or specifically permitted by federal or state law; or (F) In connection with:
(i) The authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or policy or contract number, or by other payment means; (ii) The transfer of receivables, accounts, or interests therein; or (iii) The audit of debit, credit, or other payment information.
33-39A-62. (a) The requirements for initial notice to consumers in paragraph (2) of subsection (a) of Code Section 33-39A-20, the opportunity to opt out, and the provisions applicable to service providers and joint marketing in this chapter do not apply when a licensee discloses nonpublic personal financial information:
(1) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction; (2) To protect the confidentiality or security of a licensees records pertaining to the consumer, service, product, or transaction; (3) To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability; (4) For required institutional risk control or for resolving consumer disputes or inquiries; (5) To persons holding a legal or beneficial interest relating to the consumer; (6) To persons acting in a fiduciary or representative capacity on behalf of the consumer; (7) To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating the licensee, persons that are assessing the licensees compliance with industry standards, and the licensees attorneys, accountants, and auditors; (8) To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401, et seq.), to law enforcement agencies, including a federal functional regulator, the

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secretary of the treasury of the United States, with respect to 31 U.S.C. Chapter 53, Subchapter II -- Records and Reports on Monetary Instruments and Transactions, and 12 U.S.C. Chapter 21 -- Financial Recordkeeping; a state insurance authority, with respect to any person domiciled in that insurance authoritys state that is engaged in providing insurance; the Federal Trade Commission; self-regulatory organizations; or for an investigation on a matter related to public safety; (9) To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681, et seq.) and the fair credit laws of this state; (10) From a consumer report reported by a consumer reporting agency; (11) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of such business or unit; (12) To comply with federal, state, or local laws, rules, and other applicable legal requirements; (13) To comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by federal, state, or local authorities; (14) To respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law; (15) Necessary to provide ongoing health care treatment; (16) In connection with quality assessment evaluations or investigations; (17) To reveal a consumers general health condition and presence in a facility owned by the licensee; (18) To a reinsure, stop-loss, or excess loss carrier for the purpose of underwriting, claims adjudication, and conducting claim file audits; (19) Needed for one of the following purposes:
(A) To identify a deceased individual; (B) To determine the cause and manner of death by a chief medical examiner or the medical examiners designee; or (C) To provide necessary protected health information about a deceased individual who is a donor of an anatomical gift; (20) To a state department of insurance that is performing an examination, investigation, or audit of the licensee; or (21) Pursuant to a court order issued after the courts determination that the public interest in disclosure outweighs the consumers privacy interest and that the information is not reasonably available by other means. (b) Nothing in this chapter shall be construed as applicable to information disclosures by licensees in connection with the purchase of insurance coverage by the licensee or the arrangement of insurance coverage by the licensee for its employees.
ARTICLE 5

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33-39A-80. (a) Nothing in this chapter shall be construed to modify, limit, or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. 1681, et seq.), and no inference shall be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under Section 603 of that act. The protections of the federal Fair Credit Reporting Act (15 U.S.C. 1681, et seq.) shall be fully available and are in no way inconsistent with the intent of this chapter including, but not limited to:
(1) Section 1681g, requiring the disclosure of information to consumers; (2) Section 1681h, assuring timely disclosures in person or by telephone; (3) Section 1681i, outlining the summary procedure to contest the accuracy of information; and (4) Section 1681j, permitting a charge for copies of disclosures. (b) Nothing in this chapter shall be construed to modify, limit, or supersede the operation of the fair credit law of this state. (c) Nothing in this chapter shall preempt or supercede existing state law related to medical records, health, or insurance information privacy.
33-39A-81. (a) No licensee shall knowingly or willfully violate the provisions of this chapter. (b) The Commissioner shall have power to examine and investigate into the affairs of every licensee doing business in this state to determine whether the licensee has been or is engaged in any conduct in violation of this chapter.
33-39A-82. (a) Whenever the Commissioner has reason to believe that a licensee has been or is engaged in conduct in this state which violates this chapter, or if the Commissioner believes that a licensee has been or is engaged in conduct outside this state which has an effect on a customer residing in this state and which violates this chapter, the Commissioner shall issue and serve upon such licensee a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than 30 days after the date of service. (b) At the time and place fixed for such hearing the licensee charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Commissioner shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person. (c) At any hearing conducted pursuant to this Code section, the Commissioner may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence. The Commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, and other documents which are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the Commissioner. If no stenographic record is made and if judicial review is sought,

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the Commissioner shall prepare a statement of the evidence for use on review. Hearings conducted under this Code section shall be governed by the same rules of evidence and procedure as set forth in Chapter 2 of this title. (d) Statements of charges, notices, orders, and other processes of the Commissioner under this chapter may be served by anyone duly authorized to act on behalf of the Commissioner. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail or statutory overnight delivery. A copy of the statement of charges, notice, order, or other process shall be provided to the customer or customers whose rights under this chapter have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail or statutory overnight delivery shall be sufficient proof of service.
33-39A-83. For the purpose of this chapter, a licensee transacting business outside this state which has an effect on a customer residing in this state shall be deemed to have appointed the Commissioner to accept service of process on its behalf, provided the Commissioner causes a copy of such service to be mailed forthwith by registered mail or statutory overnight delivery to the licensee at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the Commissioner.
33-39A-84. (a) If, after a hearing pursuant to Code Section 33-39A-82, the Commissioner determines that the licensee charged has engaged in conduct or practices in violation of this chapter, the Commissioner shall reduce his or her findings to writing and shall issue and cause to be served upon such licensee a copy of such findings and an order requiring such licensee to cease and desist from the conduct or practices constituting violation of this chapter. (b) If, after a hearing pursuant to Code Section 33-39A-82, the Commissioner determines that the licensee charged has not engaged in conduct or practices in violation of this chapter, the Commissioner shall prepare a written report which sets forth findings of fact and conclusions of law. Such report shall be served upon the licensee charged and upon the customer whose rights under this chapter were allegedly violated. (c) Until the expiration of the time allowed under Code Section 33-39A-86 for filing a petition for review or until such petition is actually filed, whichever occurs first, the Commissioner may modify or set aside any order or report issued under this Code section. After the expiration of the time allowed under Code Section 33-39A-86 for filing a petition for review, if no such petition has been duly filed, the Commissioner may, after notice and opportunity for hearing, alter, modify, or set aside, in whole or in part, any order or report issued under this Code section whenever conditions of fact or law warrant such action or if the public interest so requires.

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33-39A-85. (a) In any case where a hearing pursuant to Code Section 33-39A-82 results in the finding of a knowing violation of this chapter, the Commissioner may, in addition to the issuance of a cease and desist order as prescribed in Code Section 33-39A-84, order payment of a monetary penalty of not more than $500.00 for each violation but not to exceed $10,000.00 in the aggregate for multiple violations. (b) Any licensee who violates a cease and desist order of the Commissioner under Code Section 33-39A-84 may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following penalties, at the discretion of the Commissioner:
(1) A monetary fine of not more than $10,000.00 for each violation; (2) A monetary fine of not more than $50,000.00 if the Commissioner finds that violations have occurred with such frequency as to constitute a general business practice; or (3) Suspension or revocation of a licensees license.
33-39A-86. (a) Any licensee subject to an order of the Commissioner under Code Section 33-39A84 or Code Section 33-39A-85 may obtain a review of any order or report of the Commissioner by filing in the Superior Court of Fulton County, within 30 days from the date of the service of such order or report, a written petition requesting that the order or report of the Commissioner be set aside. A copy of such petition shall be simultaneously served upon the Commissioner, who shall forthwith certify and file in such court a transcript of the entire record of the proceeding giving rise to the order or report which is the subject of the petition. Upon filing of the petition and transcript the court shall have jurisdiction to make and enter a decree modifying, affirming, or reversing any order or report of the Commissioner, in whole or in part. The findings of the Commissioner as to the facts supporting any order or report, if supported by any evidence, shall be conclusive. (b) To the extent an order or report of the Commissioner is affirmed, the court shall issue its own order commanding obedience to the terms of the order or report of the Commissioner. If a licensee affected by an order or report of the Commissioner shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there are reasonable grounds for the failure to produce such evidence in prior proceedings, the court may order such additional evidence to be taken before the Commissioner in such manner and upon such terms and conditions as the court may deem proper. The Commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence so taken and shall file such modified or new findings along with any recommendation, if any, for the modification or revocation of a previous order or report. If supported by clear and convincing evidence, the modified or new findings shall be conclusive as to the matters contained therein.

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(c) An order or report issued by the Commissioner under Code Section 33-39A-84 or 33-39A-85 shall become final:
(1) Upon the expiration of the time allowed for the filing of a petition for review, if no such petition has been duly filed except that the Commissioner may modify or set aside an order or report to the extent provided in subsection (c) of Code Section 3339A-84; or (2) Upon a final decision of the superior court if it directs that the order or report of the Commissioner be affirmed or the petition for review dismissed. (d) No order or report of the Commissioner under this chapter or order of the court to enforce the same shall in any way relieve or absolve any licensee affected by such order or report from any liability under any law of this state.
33-39A-87. No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any licensee for disclosing nonpublic personal financial information in accordance with this chapter, nor shall such a cause of action arise against any licensee for furnishing nonpublic personal financial information to a licensee; provided, however, this Code section shall provide no immunity for disclosing or furnishing false nonpublic personal financial information with malice or willful intent to injure any person.
33-39A-88. Any person who knowingly and willfully obtains information about a customer from a licensee under false pretenses shall be guilty of a misdemeanor.
33-39A-89. The Commissioner of Insurance may promulgate such rules and regulations necessary to implement and enforce the provisions of this chapter.
33-39A-90. (a) This chapter shall become effective on July 1, 2001. In order to provide sufficient time for insurers and other licensees to establish policies and systems to comply with the requirements of this chapter, time for compliance with this chapter is extended until January 1, 2002. (b) By January 1, 2002, the licensee shall have provided an initial notice, as required by Code Section 33-39A-20, to consumers who are the licensees customers on January 1, 2002. (c) Until January 1, 2003, a contract that the licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on its behalf does not need to satisfy the provisions of Code Section 33-39A-60, which provides that the third party maintain the confidentiality of nonpublic personal financial information, so long as the licensee entered into the agreement before July 1, 2001."

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SECTION 3. This Act shall become effective on July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter
Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland E Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Jennings Y Johnson Y Jordan Y Joyce E Kaye E Keen Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson
Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L
Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix E Yates
Murphy, Speaker

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On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker 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 438. By Representative Cash of the 108th:
A RESOLUTION commending the Mt. Vernon Christian School boys' basketball team; and for other purposes.

HR 439. By Representatives Smith of the 169th, Boggs of the 168th and Mosley of the 171st:
A RESOLUTION commending Rev. Freddie Wheeler; and for other purposes.

HR 440. By Representative Cash of the 108th:
A RESOLUTION recognizing and commending Jonathan Guilford; and for other purposes.

HR 441. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Buck of the 135th, Murphy of the 18th and others:
A RESOLUTION commending the University System of Georgia Outstanding Scholars on Academic Recognition Day; and for other purposes.

HR 442. By Representatives Manning of the 32nd, Wix of the 33rd, Johnson of the 35th, Ehrhart of the 36th, Wiles of the 34th and others:
A RESOLUTION recognizing and commending Alberta Kinney; and for other purposes.

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HR 443. By Representative Childers of the 13th:
A RESOLUTION commending Reverend Robert M. Skelton in recognition and honor of the many years of service to our Lord Jesus Christ and promoting Christianity through many efforts; and for other purposes.

HR 444. By Representatives Floyd of the 138th and James of the 140th:
A RESOLUTION recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest; and for other purposes.

HR 445. By Representative Smith of the 103rd:
A RESOLUTION in tribute to Katherine Blake Shell; and for other purposes.

HR 446. By Representatives Smith of the 19th, Stephens of the 150th, Mueller of the 152nd, Birdsong of the 123rd and Purcell of the 147th:
A RESOLUTION commending Brigadier General John H. Oldfield Jr.; and for other purposes.

HR 447. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
A RESOLUTION recognizing and commending Bill O. Loftin; and for other purposes.

HR 448. By Representatives Orrock of the 56th, Skipper of the 137th and Murphy of the 18th:
A RESOLUTION in tribute to Honorable Janet Scarborough Merritt; and for other purposes.

HR 449. By Representatives Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd and others:

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JOURNAL OF THE HOUSE A RESOLUTION commending Brian David Agnew; and for other purposes.

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Broome Brown Y Buck Y Buckner Y Bulloch E Bunn Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Cash Y Channell Y Childers E Coan Coleman, B Y Coleman, T Y Collins Y Connell Cooper

Cox Crawford Y Cummings Davis Day Dean Y Deloach, B Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Floyd Y Forster Franklin Y Golick E Graves Y Greene Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Hembree Y Henson Y Hines Y Holland E Holmes Y Houston Y Howard E Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Jackson, B Jackson, L James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye E Keen Knox Lane Y Lanier Y Lewis Y Lord Lucas E Lunsford Maddox Y Mangham E Mann Y Manning Martin Y Massey Y McBee E McCall McClinton McKinney Y Millar E Mills Mobley Y Morris Y Mosley

E Mueller Orrock
Y Parham Y Parrish
Parsons Y Pelote Y Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Reece Reed E Reese Reichert Y Rice E Richardson E Roberts, D Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Y Skipper Y Smith, B

Smith, C Smith, C.W Y Smith, L Y Smith, P Y Smith, T Smith, V Smyre E Snelling Snow Squires Y Stallings Y Stancil Stanley Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Tillman Turnquest Y Twiggs Unterman Walker, L E Walker, R.L Watson Y West E Westmoreland Wiles Y Wilkinson Y Willard Y Williams Wix E Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 96, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Squires of the 78th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

THURSDAY, MARCH 1, 2001

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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 130. By Representatives Sims of the 167th, Stokes of the 92nd, Poag of the 6th, West of the 101st, Jenkins of the 110th and others:
A BILL to amend Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, so as to provide for court orders for disinterment and DNA testing in certain cases; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, so as to provide for court orders for disinterment and DNA testing in certain cases where the kinship of any party in interest to a decedent is in controversy; to provide that an order for disinterment and DNA testing may be made only on motion for good cause shown and upon notice to all the parties in interest and shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom it is to be made; to provide that motions shall be supported by affidavits; to provide for the contents of affidavits; to provide that all parties in interest shall receive a copy of a detailed written report of the tester; to provide that certain costs of obtaining and testing of such samples shall be assessed against and paid by the moving party; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, is amended by adding at the end thereof a new Code Section 53-2-27 to read as follows:
"53-2-27. (a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any

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party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship. The superior court may order the disinterment of the decedents remains if reasonably necessary to obtain such samples. If the proceedings are pending in the probate court, the motion shall be transferred to the superior court for determination. (b) The order may be made only on motion for good cause shown and upon notice to all parties in interest and shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom it is to be made. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:
(1) The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and (2) If disinterment of the decedents remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source. (c) Upon request, the movant shall deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. (d) The costs of obtaining and testing of such samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party."
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 Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Y Bordeaux

Cox Y Crawford Y Cummings
Davis Day Dean Y Deloach, B Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart

Y Hudson, S Y Hugley
Irvin Jackson, B Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye

E Mueller Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas
Randall

Smith, C Smith, C.W Y Smith, L Y Smith, P Y Smith, T Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil Stanley

Y Borders Y Bridges Y Brooks Y Broome
Brown Buck Y Buckner Y Bulloch E Bunn Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Cash Y Channell Y Childers E Coan Coleman, B Y Coleman, T Y Collins Y Connell Cooper

THURSDAY, MARCH 1, 2001

Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick E Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson
Hines Y Holland E Holmes Y Houston Y Howard E Hudgens Y Hudson, N

E Keen Knox Lane
Y Lanier Y Lewis Y Lord
Lucas E Lunsford
Maddox Y Mangham E Mann
Manning Martin Y Massey Y McBee E McCall McClinton McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson E Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders
Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Skipper Y Smith, B

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Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Unterman Walker, L E Walker, R.L Watson Y West E Westmoreland Wiles Y Wilkinson Y Willard Y Williams Wix E Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Bohannon of the 139th, Burkhalter of the 41st, and Davis of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 665. By Representatives Skipper of the 137th, Hudson of the 156th, Snow of the 2nd, Burkhalter of the 41st, Williams of the 83rd and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan
Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye E Keen Knox Y Lane Y Lanier Y Lewis Y Lord Lucas E Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

E Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson E Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs
Unterman Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Wiles Y Wilkinson Y Willard Y Williams Y Wix E Yates Murphy, Speaker

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Coleman of the 80th, Davis of the 60th, Knox of the 28th, Lucas of the 124th, Scott of the 165th, Smith of the 19th, Unterman of the 84th, and Walker of the 141st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

THURSDAY, MARCH 1, 2001

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HB 183. By Representatives Birdsong of the 123rd, Bunn of the 74th, Heckstall of the 55th, Smith of the 19th, Hembree of the 98th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for certain motor vehicle owners who are retired members of the armed forces of the United States; to provide for the issuance of one free special license plate to such retired member of the armed forces of the United States; and for other purposes.
The following Committee substitute was read and withdrawn:
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 the provisions relating to special and distinctive license plates for veterans; to provide that motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veterans license plate; to provide that one such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee; to provide for the issuance of additional license plates upon the payment of certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:
"40-2-85.1. (a)(1) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in

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compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(2)(A) Motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veterans license plate. One such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member of the armed forces shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-234. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a retired veterans license plate or a distinctive license plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such

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1621

surviving spouse either at the time of the qualifying veterans death or acquired thereafter, so long as such person does not remarry. (e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 2. This Act shall become effective January 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Birdsong of the 123rd, Parham of the 122nd and Smith of the 19th, was read and adopted:

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 the provisions relating to special and distinctive license plates for veterans; to provide that motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veterans license plate; to provide that one such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee; to provide for the issuance of additional license plates upon the payment of certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:

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"40-2-85.1. (a)(1) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veterans license plate. One such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member of the armed forces shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-234.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a retired veterans license plate or a distinctive license plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the

THURSDAY, MARCH 1, 2001

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owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veterans death or acquired thereafter, so long as such person does not remarry. (e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 2. This Act shall become effective January 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye E Keen

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner

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Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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

Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee E McCall
McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson E Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix E Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
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.

HB 579. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:
A BILL to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the assignment for administrative purposes; and for other purposes.

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

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

Y Allen

Y Cox

Y Hudson, S

Y Mueller

Y Smith, C

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, MARCH 1, 2001

Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson
Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hugley Irvin Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye E Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham E Mann
Manning Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson E Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 148, 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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Education:

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HB 724. By Representatives Henson of the 65th, Watson of the 70th, Turnquest of the 73rd, Golick of the 30th and Hugley of the 133rd:
A BILL to amend Code Section 20-2-55, relating to per diem and expenses of members of county boards of education, so as to authorize the inclusion of members of such boards in certain health insurance plans; to amend Code Section 45-18-5, relating to county officers and employees' insurance and benefit plans, so as to allow count board members to participate in such plans; and for other purposes.

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 652. By Representatives Dodson of the 94th, West of the 101st, Hudson of the 156th, Shaw of the 176th, Unterman of the 84th and others:
A BILL to provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of licensees and the reporting of licensee data to the Department of Community Health; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of licensees and the reporting of licensee data to the Department of Community Health; 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 "Health Care Work Force Shortage Act."

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SECTION 2. The General Assembly finds there currently exists a severe health care personnel shortage as evidenced by a 13 percent vacancy rate of registered nurses in Georgia, along with a shortage of almost 1,200 allied health personnel; a decline in enrollment in nursing programs of 20.9 percent from 1995 to 1998; hospital budgets being severely impacted by overtime and temporary agency staff; an increase in chronic illnesses in Georgias aging population contributing to expanded use of health care services; an increase in the average age of registered nurses to approximately 45 years old; a greater need for experienced allied health personnel and nurses in specialty areas to meet the more acute care needs of hospital patients; an expansion of the nursing role into other settings such as home health, managed care, and school nursing; active marketing for and recruitment of U.S. nurses by Canadian hospitals; an increase in the average age of health care teaching faculty; and fewer students pursuing a career in teaching health professional courses. The General Assembly further finds that some data already exist regarding the number of such personnel currently licensed, the number of educational programs for training such professionals and the enrollment capacity of those programs, and the number of those personnel who are needed to staff adequately the states health care facilities. There is, however, no single entity which has access to all of this data and which can, using such data, suggest the measures needed to coordinate the supply with the demand for health care providers into comprehensive short-range and long-range health care personnel policies and to take those legislative initiatives to ensure such coordination. As a result, the General Assembly finds that it is necessary to enact a "Health Care Work Force Shortage Act."
SECTION 3. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-25, relating to the authority of professional licensing boards, and inserting in lieu thereof the following:
"43-1-25. Except as provided in subsection (o) of Code Section 43-1-19, Code Sections 43-1-16 through 43-1-24 shall apply to all professional licensing boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the contrary, and each. Each such professional licensing board may:
(1) Promulgate promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards; and (2) Be authorized to require licensees to complete a survey at the time of renewal, requesting information related to the supply and demand of health care personnel including, but not limited to, workplace settings, current practice by specialty, and geographical location. Such survey information from licensees who are licensed or certified under Chapter 7A, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 33, Chapter 34, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26 shall be provided to the Department of Community Health upon its request for the purpose of analyzing the supply and demand of health care

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personnel. Individual data contained in the survey shall not be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records."
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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter E Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings
Davis Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Hines Y Holland E Holmes Y Houston Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye E Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham E Mann Manning Martin Y Massey Y McBee E 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
Pinholster E Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice E Richardson E Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

THURSDAY, MARCH 1, 2001

1629

On the passage of the Bill, by substitute, the ayes were 145, nays 2.
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 373. By Representatives Stuckey of the 67th, Holland of the 157th, Martin of the 47th, Orrock of the 56th and Ragas of the 64th:
A BILL to amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, so as to change the provisions relating to exemptions for purposes of bankruptcy and intestate insolvent estates; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, so as to change the provisions relating to exemptions for purposes of bankruptcy and intestate insolvent estates; to change the amounts of certain exemptions; to provide for calculation of the amounts of certain exemptions and the standards, practices, and procedures connected therewith; to provide for duties of the administrator of the Governors Office of Consumer Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, is amended by striking Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, and inserting in its place the following:
"44-13-100. (a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, the following property:

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(1) The debtors aggregate interest, not to exceed $5,000.00 $10,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses filing jointly, it shall be treated as though it were in the names of both spouses for purposes of determining the amount of the exemption hereunder; (2) The debtors right to receive:
(A) A social security benefit, unemployment compensation, or a local public assistance benefit; (B) A veterans benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and (F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (2.1) The debtors aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or (D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408; (3) The debtors interest, not to exceed the total of $1,000.00 $3,500.00 in value, in all motor vehicles;

THURSDAY, MARCH 1, 2001

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(4) The debtors interest, not to exceed $200.00 $300.00 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. The exemption of the debtors interest in the items contained in this paragraph shall not exceed $3,500.00 $5,000.00 in total value; (5) The debtors aggregate interest, not to exceed $500.00 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; (6) The debtors aggregate interest, not to exceed $400.00 $600.00 in value plus any unused amount of the exemption provided under paragraph (1) of this subsection, in any property; (7) The debtors aggregate interest, not to exceed $500.00 $1,500.00 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor; (8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; (9) The debtors aggregate interest, not to exceed $2,000.00 in value, less any amount of property of the estate transferred in the manner specified in Section 542(d) of U.S. Code Title 11, in any accrued dividend or interest under, or loan or cash value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent; (10) Professionally prescribed health aids for the debtor or a dependent of the debtor; and (11) The debtors right to receive, or property that is traceable to:
(A) An award under a crime victims reparation law; (B) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (C) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (D) A payment, not to exceed $7,500.00 $10,000.00, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or (E) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (b) Pursuant to 11 U.S.C. Section 522(b)(1), an individual debtor whose domicile is in Georgia is prohibited from applying or utilizing 11 U.S.C. Section 522(d) in connection with exempting property from his or her estate; and such individual debtor may exempt from property of his or her estate only such property as may be exempted from the

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estate pursuant to 11 U.S.C. Section 522(b)(2)(A) and (B). For the purposes of this subsection, an 'individual debtor whose domicile is in Georgia' means an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place. (c) The exemptions and protections contained in this article are extended to intestate insolvent estates in all cases where there is a living widow or child of the intestate. (d) On July 1, 2004, and at each three-year interval ending on July 1 thereafter, each dollar amount contained in subsection (a) of this Code section shall be adjusted to reflect changes in consumer prices for urban consumers for the most recent three-year period ending immediately before January 1 preceding such July 1. The calculation of such amounts shall be made by the administrator of the Governors Office of Consumer Affairs appointed pursuant to subsection (a) of Code Section 10-1-395. In calculating such amounts, the administrator is authorized to consider all available information relevant to the determination of such consumer prices, including the Consumer Price Index for All Urban Consumers published by the United States Department of Labor. The amounts so calculated shall be rounded to the nearest $25.00. The amounts so calculated shall be certified by the administrator, shall be made available over the Internet, and shall be certified to the Office of Legislative Counsel and the publisher for inclusion in the Official Code of Georgia Annotated."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Stuckey of the 67th, Holland of the 157th and Wiles of the 34th, was read and adopted:

A BILL
To amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, so as to change the provisions relating to exemptions for purposes of bankruptcy and intestate insolvent estates; to change the amounts of certain exemptions; to provide for calculation of the amounts of certain exemptions and the standards, practices, and procedures connected therewith; to provide for duties of the administrator of the Governors Office of Consumer Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to

THURSDAY, MARCH 1, 2001

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statutory exemptions, is amended by striking Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, and inserting in its place the following:
"44-13-100. (a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, the following property:
(1) The debtors aggregate interest, not to exceed $5,000.00 $10,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $20,000.00; (2) The debtors right to receive:
(A) A social security benefit, unemployment compensation, or a local public assistance benefit; (B) A veterans benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and (F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (2.1) The debtors aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments from such a

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retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or
(D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408; (3) The debtors interest, not to exceed the total of $1,000.00 $3,500.00 in value, in all motor vehicles; (4) The debtors interest, not to exceed $200.00 $300.00 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. The exemption of the debtors interest in the items contained in this paragraph shall not exceed $3,500.00 $5,000.00 in total value; (5) The debtors aggregate interest, not to exceed $500.00 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; (6) The debtors aggregate interest, not to exceed $400.00 $600.00 in value plus any unused amount of the exemption, not to exceed $5,000.00, provided under paragraph (1) of this subsection, in any property; (7) The debtors aggregate interest, not to exceed $500.00 $1,500.00 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor; (8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; (9) The debtors aggregate interest, not to exceed $2,000.00 in value, less any amount of property of the estate transferred in the manner specified in Section 542(d) of U.S. Code Title 11, in any accrued dividend or interest under, or loan or cash value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent; (10) Professionally prescribed health aids for the debtor or a dependent of the debtor; and (11) The debtors right to receive, or property that is traceable to: (A) An award under a crime victims reparation law; (B) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (C) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (D) A payment, not to exceed $7,500.00 $10,000.00, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or

THURSDAY, MARCH 1, 2001

1635

(E) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (b) Pursuant to 11 U.S.C. Section 522(b)(1), an individual debtor whose domicile is in Georgia is prohibited from applying or utilizing 11 U.S.C. Section 522(d) in connection with exempting property from his or her estate; and such individual debtor may exempt from property of his or her estate only such property as may be exempted from the estate pursuant to 11 U.S.C. Section 522(b)(2)(A) and (B). For the purposes of this subsection, an 'individual debtor whose domicile is in Georgia' means an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place. (c) The exemptions and protections contained in this article are extended to intestate insolvent estates in all cases where there is a living widow or child of the intestate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister N Barnard E Barnes Y Bell Y Birdsong N Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Cox Y Crawford Y Cummings
Davis Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps N Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree Y Hanner

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs

1636
E Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson
Hines Y Holland E Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Mann Manning
Y Martin Y Massey Y McBee E McCall
McClinton Y McKinney Y Millar
Mills Y Mobley
Morris N Mosley

Y Royal Y Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 7.
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 497. By Representatives Smith of the 12th, Martin of the 47th, Howard of the 118th, Hammontree of the 4th and Shanahan of the 10th:
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 rate of interest payable on final awards entered by the board; to provide for the award of reasonable litigation expenses under certain conditions; to allow an injured employee the right to an independent medical examination within 120 days of receipt of income benefits, rather than the current 60 days; and for other purposes.

The following Committee substitute was read and withdrawn:

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 rate of interest payable on final awards entered by the board; to provide for the award of reasonable litigation expenses under certain conditions; to allow an injured employee the right to an independent medical

THURSDAY, MARCH 1, 2001

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examination within 120 days of receipt of income benefits, rather than the current 60 days; to change provisions relating to the penalty for nonpayment of medical charges by an employer or an insurer; to increase the maximum temporary total disability benefits from $375.00 per week to $400.00 per week; to increase the minimum temporary total disability benefits from $37.50 per week to $40.00 per week; to increase the maximum temporary partial disability benefits from $250.00 per week to $268.00 per week; to provide that impairment ratings shall be based on the fifth edition of Guides to the Evaluation of Permanent Impairment; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by striking Code Section 34-9-107, relating to the amount of interest payable on a final award of the board in the event of an appeal, and inserting in lieu thereof the following:
"34-9-107. Any final award for compensation entered by the board shall bear interest at the legal rate of 7 12 percent on all accrued amounts and on all amounts accruing prior to final judgment in the event of an appeal being taken from the board in the same manner in which it is now provided that interest shall run on a judgment of the superior court in the event an appeal is taken therefrom."
SECTION 2. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorneys fees by the board, and inserting in lieu thereof the following:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimants award of weekly benefits or settlement.
(b)(1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorneys fee against the offending party. (2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer. (3) Any assessment of attorneys fees made under this subsection shall be in addition to the compensation ordered.

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(4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to attorneys fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-10-24; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript. (c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless: (1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made; (2) The division is made in proportion to the services performed and the responsibility assumed by each; and (3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client. (d) When attorneys fees or reasonable litigation expenses are awarded under this Code section, the administrative law judge or the board shall have the authority to order payment of such fees or expenses on terms acceptable to the parties or within the discretion of the board."
SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof the following:
"(1) The employer shall maintain a list of at least four six physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. This list shall be known as the 'Panel of Physicians.' At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two industrial clinics shall be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The physicians selected under this subsection from the panel may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization from the board; provided, however, that any medical practitioner providing services as arranged by a primary authorized treating physician under this subsection shall not be permitted to arrange for any additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the board;"
SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 34-9-202, relating to examination of an injured employee, and inserting in lieu thereof the

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1639

following: "(e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 60 120 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employees residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employees injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 34-9-203, relating to an employers pecuniary liability for medical charges, and inserting in lieu thereof the following:
"(c) The board may, in its discretion, assess a penalty of up to 20 percent of reasonable medical charges not paid within 30 days from the date that the employer or the employers workers compensation insurance carrier receives the charges and reports required by the board where there has been compliance with the requirements of law and board rules. Said penalty shall be payable to the medical provider.
(1) All reasonable charges for medical, surgical, hospital, and pharmacy goods and services shall be payable by the employer or its workers compensation insurer within 30 days from the date that the employer or the insurer receives the charges and reports required by the board. The employer or insurer shall, within 30 days after receipt of charges for health care goods or services, mail to the provider of such health care goods or services payment of such charges or a letter or other written notice that states the reasons the employer or insurer has for not paying the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portion thereof. (2) The health care goods or services providers failure to include with its submission of charges any reports or other documents required by the board shall constitute a defense for the employers or insurers failure to pay the submitted charges within 30 days of receipt of the charges. However, if the employer or insurer fails to send the health care goods or services provider the requisite notice indicating a need for further documentation within 30 days of receipt of the charges, the employer and insurer will be deemed to have waived the right to defend a claim for failure to pay such charges in a timely fashion on the grounds that the charges were not appropriately accompanied by required reports. Such waiver shall not extend to any other defense the employer and insurer may have with respect to a claim of untimely payment. (3) If any charges for health care goods or services are not paid when due, penalties shall be added to such charges and paid at the same time as and in addition to the charges claimed for the health care goods or services. For any payment of charges

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JOURNAL OF THE HOUSE

paid more than 30 days after their due date, but paid within 60 days of such date, there shall be added to such charges an amount equal to 10 percent of the charges. For any payment of charges paid more than 60 days after their due date, but paid within 90 days of such date, there shall be added to such charges an amount equal to 20 percent of the charges. For any charges not paid within 90 days of their due date, in addition to the 20 percent add-on penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to 12 percent per annum from the ninety-first day after the date the charges were due until full payment is made. All such penalties shall be paid to the provider of the health care goods or services."
SECTION 6. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employees average weekly wage but not more than $375.00 $400.00 per week nor less than $37.50 $40.00 per week, except that when the weekly wage is below $37.50 $40.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $250.00 $268.00 per week for a period not exceeding 350 weeks from the date of injury."
SECTION 8. Said chapter is further amended by striking subsection (d) of Code Section 34-9-263, relating to compensation for permanent partial disability, and inserting in lieu thereof the following:
"(d) Impairment ratings. In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of

THURSDAY, MARCH 1, 2001

1641

Permanent Impairment, fourth fifth edition, published by the American Medical Association."
SECTION 9. This Act shall become effective on January 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smith of the 12th, was read:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to change the rate of interest payable on final awards entered by the board; to provide for the award of reasonable litigation expenses under certain conditions; to increase the number of physicians on the posted panel from four to six; to allow an injured employee the right to an independent medical examination within 120 days of receipt of income benefits, rather than the current 60 days; to change provisions relating to the penalty for nonpayment of medical charges by an employer or an insurer; to increase the maximum temporary total disability benefits from $375.00 per week to $400.00 per week; to increase the minimum temporary total disability benefits from $37.50 per week to $40.00 per week; to increase the maximum temporary partial disability benefits from $250.00 per week to $268.00 per week; to provide that impairment ratings shall be based on the fifth edition of Guides to the Evaluation of Permanent Impairment; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by striking Code Section 34-9-107, relating to the amount of interest payable on a final award of the board in the event of an appeal, and inserting in lieu thereof the following:
"34-9-107. Any final award for compensation entered by the board shall bear interest at the legal rate of 7 12 percent on all accrued amounts and on all amounts accruing prior to final judgment in the event of an appeal being taken from the board in the same manner in which it is now provided that interest shall run on a judgment of the superior court in the event an appeal is taken therefrom."

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SECTION 2. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorneys fees by the board, and inserting in lieu thereof the following:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimants award of weekly benefits or settlement.
(b)(1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorneys fee against the offending party. (2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer. (3) Any assessment of attorneys fees made under this subsection shall be in addition to the compensation ordered. (4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to attorneys fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-10-24; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript. (c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless: (1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made; (2) The division is made in proportion to the services performed and the responsibility assumed by each; and (3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client. (d) When attorneys fees or reasonable litigation expenses are awarded under this Code section, the administrative law judge or the board shall have the authority to order payment of such fees or expenses on terms acceptable to the parties or within the discretion of the board."

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SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof the following:
"(1) The employer shall maintain a list of at least four six physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. This list shall be known as the 'Panel of Physicians.' At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two industrial clinics shall be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The physicians selected under this subsection from the panel may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization from the board; provided, however, that any medical practitioner providing services as arranged by a primary authorized treating physician under this subsection shall not be permitted to arrange for any additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the board;"
SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 34-9-202, relating to examination of an injured employee, and inserting in lieu thereof the following:
"(e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 60 120 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employees residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employees injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 34-9-203, relating to an employers pecuniary liability for medical charges, and inserting in lieu thereof the following:
"(c) The board may, in its discretion, assess a penalty of up to 20 percent of reasonable medical charges not paid within 30 days from the date that the employer or the employers workers compensation insurance carrier receives the charges and reports required by the board where there has been compliance with the requirements of law and board rules. Said penalty shall be payable to the medical provider.

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(1) All reasonable charges for medical, surgical, hospital, and pharmacy goods and services shall be payable by the employer or its workers compensation insurer within 30 days from the date that the employer or the insurer receives the charges and reports required by the board. The employer or insurer shall, within 30 days after receipt of charges for health care goods or services, mail to the provider of such health care goods or services payment of such charges or a letter or other written notice that states the reasons the employer or insurer has for not paying the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portion thereof. (2) The health care goods or services providers failure to include with its submission of charges any reports or other documents required by the board shall constitute a defense for the employers or insurers failure to pay the submitted charges within 30 days of receipt of the charges. However, if the employer or insurer fails to send the health care goods or services provider the requisite notice indicating a need for further documentation within 30 days of receipt of the charges, the employer and insurer will be deemed to have waived the right to defend a claim for failure to pay such charges in a timely fashion on the grounds that the charges were not appropriately accompanied by required reports. Such waiver shall not extend to any other defense the employer and insurer may have with respect to a claim of untimely payment. (3) If any charges for health care goods or services are not paid when due, penalties shall be added to such charges and paid at the same time as and in addition to the charges claimed for the health care goods or services. For any payment of charges paid more than 30 days after their due date, but paid within 60 days of such date, there shall be added to such charges an amount equal to 10 percent of the charges. For any payment of charges paid more than 60 days after their due date, but paid within 90 days of such date, there shall be added to such charges an amount equal to 20 percent of the charges. For any charges not paid within 90 days of their due date, in addition to the 20 percent add-on penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to 12 percent per annum from the ninety-first day after the date the charges were due until full payment is made. All such penalties shall be paid to the provider of the health care goods or services."
SECTION 6. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employees average weekly wage but not more than $375.00 $400.00 per week nor less than $37.50 $40.00 per week, except that when the weekly wage is below $37.50 $40.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic

THURSDAY, MARCH 1, 2001

1645

injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $250.00 $268.00 per week for a period not exceeding 350 weeks from the date of injury."
SECTION 8. Said chapter is further amended by striking subsection (d) of Code Section 34-9-263, relating to compensation for permanent partial disability, and inserting in lieu thereof the following:
"(d) Impairment ratings. In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fourth fifth edition, published by the American Medical Association."
SECTION 9. This Act shall become effective on July 1, 2001, except Section 3, which shall become effective January 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Reed of the 52nd moves to amend the Floor substitute to HB 497 as follows:
Page 2, line 21, by deleting "whole or in part without reasonable grounds" and insert in lieu thereof "bad faith" at line 21.

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JOURNAL OF THE HOUSE

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

N Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard E Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks N Broome N Brown N Buck
Buckner N Bulloch Y Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T N Collins
Connell N Cooper

Y Cox N Crawford N Cummings N Davis E Day Y Dean N Deloach, B
Deloach, G Y Dix N Dodson N Drenner
Dukes Y Ehrhart Y Epps N Everett N Floyd N Forster N Franklin E Golick N Graves
Greene N Hammontree N Hanner N Harbin N Harrell Y Heard Y Heckstall N Hembree N Henson N Hines Y Holland E Holmes N Houston N Howard N Hudgens N Hudson, N

Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane Y Lanier N Lewis N Lord Y Lucas N Lunsford N Maddox Y Mangham E Mann N Manning N Martin Y Massey N McBee E McCall Y McClinton N McKinney N Millar N Mills Y Mobley Y Morris N Mosley

N Mueller N Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster E Poag
Porter Powell N Purcell Y Ragas Y Randall N Ray N Reece Y Reed N Reese N Reichert Y Rice N Richardson N Roberts, D Y Roberts, L Rogers N Royal Sailor Y Sanders Y Scheid N Scott Y Seay N Shanahan N Shaw N Sholar N Sims Y Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes N Stuckey Y Taylor
Teague N Teper Y Tillman
Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland Y Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 45, nays 115. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Floor substitute to HB 497 as follows:

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1647

On page 6, line 3, The Board of Workers Compensation must notify every employer in the state of Georgia 90 days prior to the effective date of this statute of the requirements with respect to the physicians panel.

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

N Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard E Barnes N Bell N Birdsong N Black Y Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin E Golick Y Graves N Greene N Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland E Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee E McCall Y McClinton N McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller N Orrock N Parham Y Parrish Y Parsons N Pelote Y Pinholster E Poag N Porter
Powell N Purcell N Ragas N Randall
Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper
Tillman Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 81, nays 84. The amendment was lost.

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The following amendment was read and adopted:

Representative Mobley of the 69th moves to amend the Floor substitute to HB 497 as follows:
Page 2, line 22, following the word to insert the word "reasonable" before the word attorney's.

The following amendment was read:

Representative Coan of the 82nd moves to amend the Floor substitute to HB 497 as follows:
Delete Section 3. Renumber the following sections accordingly.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard E Barnes N Bell N Birdsong Y Black Y Boggs Y Bohannon N Bordeaux Y Borders Y Bridges N Brooks N Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway

Y Cox N Crawford Y Cummings
Davis E Day N Dean N Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin E Golick Y Graves
Greene N Hammontree N Hanner Y Harbin Y Harrell N Heard

Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin

N Mueller N Orrock N Parham Y Parrish Y Parsons N Pelote Y Pinholster E Poag
Porter Y Powell Y Purcell N Ragas N Randall Y Ray N Reece Y Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal N Sailor Y Sanders

Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor
Teague N Teper N Tillman
Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L

Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

THURSDAY, MARCH 1, 2001

N Heckstall Y Hembree N Henson Y Hines N Holland E Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Massey N McBee E McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

Y Scheid Y Scott N Seay N Shanahan
Shaw Y Sholar N Sims N Sinkfield N Skipper Y Smith, B

1649
N Watson N West Y Westmoreland Y Wiles N Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 96, nays 68. The amendment was adopted.

Representatives Jenkins of the 110th and Willard of the 44th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick

Y Hudson, S Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster E Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

1650
Y Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland E Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 207 was postponed until Friday, March 2, 2001.

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 656 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

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

THURSDAY, MARCH 1, 2001

1651

Mr. Speaker:
Your Committee on Game, Fish and 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 742 Do Pass
Respectfully submitted, /s/ Lane of the 146th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and 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:
HB 784 Do Pass
Respectfully submitted, /s/ Childers of the 13th
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 480 Do Pass, by Substitute

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 252 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.

FRIDAY, MARCH 2, 2001

1653

Representative Hall, Atlanta, Georgia Friday, March 2, 2001
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 Randy DeLoach, Pastor, College Avenue Baptist Church, Douglas, Georgia.
The members pledged allegiance to the flag.
Representative West of the 101st, Secretary 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.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 792. By Representatives Mills of the 21st, Wiles of the 34th, Richardson of the 26th and Jackson of the 112th:
A BILL to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to define a term; to change certain provisions relating to persons eligible for awards; to change certain provisions relating to creation of the Georgia Crime Victims Emergency Fund and the administration and moneys of and payments from such fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for a special license plate promoting child abuse prevention and providing financial support for victims of the offense of cruelty to children in the first degree; and for other purposes.
Referred to the Committee on Judiciary.
HB 793. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change the compensation of the mayor and commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 794. By Representatives Jackson of the 148th, Randall of the 127th, Kaye of the 37th, Watson of the 70th and Sailor of the 71st:
A BILL to amend Code Section 47-17-1, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for membership in such fund by fraud investigators employed in the fraud and compliance unit of the State Board of Workers' Compensation; and for other purposes.

FRIDAY, MARCH 2, 2001 Referred to the Committee on Retirement.

1655

HB 795. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Towns County; and for other purposes.

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

HB 796. By Representative Channell of the 111th:
A BILL to amend an Act creating the Greene County Family Connection Commission, so as to add a member; and for other purposes.

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

HB 797. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
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; and for other purposes.

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

HB 798. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Union County; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 799. By Representatives Royal of the 164th and Stancil of the 16th:
A BILL to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of unincorporated territory, so as to impose a limited moratorium on certain annexation; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 800. By Representative Harbin of the 113th:
A BILL to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide additional factors for consideration by the court in determining child custody; and for other purposes.

Referred to the Committee on Judiciary.

HB 801. By Representatives Pelote of the 149th, Lucas of the 124th, Epps of the 131st, Squires of the 78th, Watson of the 70th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that certain persons who have not graduated from high school are eligible for enrollment and other educational assistance and training; to provide for authority and duties of the State Board of Education, local school systems, the State Board of Technical and Adult Education, and the Department of Labor; and for other purposes.

Referred to the Committee on Education.

HB 802. By Representatives Bannister of the 77th, Poag of the 6th, Bridges of the 9th, Twiggs of the 8th and Harbin of the 113th:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, so as to change the fee for filing and indexing financing statements, amendments to financing

FRIDAY, MARCH 2, 2001

1657

statements, continuation statements, termination statements, release of collateral, or other filings pursuant to Part 4 of Article 9 of Title 11; and for other purposes.

Referred to the Committee on Judiciary.

HB 803. By Representative Rogers of the 20th:
A BILL to amend Article 2 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the State Public Transportation Fund, so as to provide a limitation on expenditures from such fund; to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of a certain sales tax, resolutions or ordinances, notice to county election superintendent, and election, so as to provide a limitation on the use of the proceeds of such sales tax or bond funds; and for other purposes.

Referred to the Committee on Transportation.

HB 804. By Representatives Lewis of the 14th, Campbell of the 42nd, Smith of the 91st, Hembree of the 98th, Snelling of the 99th and others:
A BILL to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to change certain provisions with respect to the taxable net income brackets applicable to certain taxpayers; and for other purposes.

Referred to the Committee on Ways & Means.

HB 805. By Representatives Martin of the 47th and Campbell of the 42nd:
A BILL to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of successors to such judge; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for

1658

JOURNAL OF THE HOUSE
each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; and for other purposes.

Referred to the Committee on Judiciary.

HB 806. By Representatives Rogers of the 20th, Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A BILL to amend Code Section 48-8-115 of the Official Code of Georgia Annotated, relating to disbursement of proceeds of the special 1 percent county sales and use tax, so as to provide for additional requirements regarding disbursement by the governing authority of the county; and for other purposes.

Referred to the Committee on Ways & Means.

HB 807. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to create the Laurens County Public Facilities Authority; and for other purposes.

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

HB 808. By Representatives Bohannon of the 139th, Walker of the 141st 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; and for other purposes.

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

HB 811. By Representative Crawford of the 129th:
A BILL to amend an Act creating the Pike Clean and Beautiful Authority, so as to change the name of the authority to the Keep Pike Beautiful Authority;

FRIDAY, MARCH 2, 2001

1659

to change the method of appointment of the members of the authority; to delete provisions relating to an executive director; and for other purposes.

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

HB 812. By Representatives Bulloch of the 180th, Day of the 153rd, Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding computation of taxable net income; to provide for taxation of capital gains; and for other purposes.

3/2/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 812. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bulloch District 180

Referred to the Committee on Ways & Means.

HB 814. By Representative Stuckey of the 67th:
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 state-wide and congressional offices; to provide a short title; to provide for legislative intent; to change the provisions relating to procedures for qualification of candidates generally; and for other purposes.

Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE

HB 815. By Representative Barnard of the 154th: A BILL to provide a new charter for the City of Daisy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 434. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: A RESOLUTION strongly urging the United States Congress to recognize the need for election reform based on the events that took place across the country on November 7, 2000, and the need for appropriate funding to assist in creating a system that is fair and accurate in its outcomes; and for other purposes.
Referred to the Committee on Rules.
HR 435. By Representatives Walker of the 141st, Parrish of the 144th, Smyre of the 136th and Stancil of the 16th: A RESOLUTION encouraging financial institutions to provide inclusive representation on their governing boards and among their officers; and for other purposes.
Referred to the Committee on Rules.
HR 450. By Representatives Jennings of the 63rd, Davis of the 60th, Millar of the 59th, Pinholster of the 15th, Willard of the 44th and others: A RESOLUTION designating the Jim Tysinger Interchange; and for other purposes.
Referred to the Committee on Transportation.

FRIDAY, MARCH 2, 2001

1661

HR 451. By Representatives Jennings of the 63rd, Davis of the 60th, Murphy of the 18th, Millar of the 59th, Mueller of the 152nd and others:
A RESOLUTION designating the Betty Jo Williams Interchange; and for other purposes.

Referred to the Committee on Transportation.

HR 453. By Representative Jenkins of the 110th:
A RESOLUTION designating a portion of SR 83 in Monticello as the Trisha Yearwood Parkway; and for other purposes.

Referred to the Committee on Transportation.

HR 454. By Representative Jenkins of the 110th:
A RESOLUTION commending Marvin O. Bowdoin and designating the Marvin O. Bowdoin Intersection; and for other purposes.

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 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774

HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HB 809 HB 810 HB 813 HR 409

1662
HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HB 785

JOURNAL OF THE HOUSE
HR 410 HR 411 HR 412 HR 413 HR 431 HR 432 HR 433 HR 452 SB 66 SB 130 SB 208

Pursuant to Rule 52, Representative Pinholster of the 15th moved that the following Bill of the House be engrossed:

HB 784. By Representatives Walker of the 141st, Pinholster of the 15th and Childers of the 13th:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for comprehensive regulation of physicians who provide certain services in office based surgical settings; to provide for the accreditation of such physicians' office based surgical settings; to provide for certain civil immunity; to provide for powers, duties, and authority of the Composite State Board of Medical Examiners; and for other purposes.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 175 Do Pass, by Substitute

FRIDAY, MARCH 2, 2001

1663

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 525 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:

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

HB 541 Do Pass, as Amended HB 639 Do Pass, by Substitute

HB 648 Do Pass SB 108 Do Pass

Respectfully submitted, /s/ 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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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 813 Do Pass HR 412 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and 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 474 Do Pass, by Substitute

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

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

Mr. Speaker:

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

HB 745 Do Pass

HB 757 Do Pass

HB 746 HB 748 HB 749 HB 751 HB 752 HB 753 HB 756

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

FRIDAY, MARCH 2, 2001

HB 758 HB 759 HB 761 HB 762 SB 193 SB 228

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

1665

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

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

HOUSE RULES CALENDAR FRIDAY, MARCH 2, 2001

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 270 HR 271 HR 272

Hugh J. Thomas Bridge; designate Judge C. Michael Roach Interchange; designate Heritage Trail; designate as part of Blue Star Memorial Highway

DEBATE CALENDAR

HB 68 HB 118 HB 201 HB 289
HB 389 HB 435 HB 460 HB 478

Employment security; domestic employees; annual contributions Income tax; rehabilitation of historic structures; limitations Juvenile courts; delinquent child; alternative detention Disabled adults and elder persons; abuse, neglect, and exploitation; increased penalty GBI; narcotics agents; repeal certain retirement prohibition Civil practice; mental exams; physician or psychologist Income tax credits; qualified low-income buildings; amend provisions Insurer's liability; bad faith refusal; unfair claims practices

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JOURNAL OF THE HOUSE

HB 569 HB 578
HB 580
HB 585 HB 607 HB 612 HB 696 HB 737 HR 102 HR 229
HR 275
SB 161

Pleadings subsequent to original complaint; certain service; waiver Tobacco Community Development Board; assign to Office of Planning and Budget Children and Youth Coordinating Council; assign to Department of Juvenile Justice Pharmacy benefit managers; licensing and inspection Income tax credits; qualified business expansion Employees' Retirement; Municipal Employees Benefit; invest assets Open records; emergency "911" calls; redact certain information Litigation costs; frivolous lawsuits; prior action expenses Hamby, Valerie Louise; compensate Motorcycle helmets; urge Congress revise federal safety standard FMVSS218 Nursing facilities; reimbursement methodologies; direct Department of Community Health to adopt State Agencies; employee incentive award programs; incentive compensation pay

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 745. By Representatives DeLoach of the 172nd, Mosley of the 171st, Barnard of the 154th and Tillman of the 173rd:
A BILL to amend an Act establishing the State Court of Liberty County, so a to change the compensation of the judge and solicitor-general of the said court; and for other purposes.

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

FRIDAY, MARCH 2, 2001

1667

HB 746. By Representatives DeLoach of the 172nd, Mosley of the 171st, Barnard of the 154th and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Education of Liberty County, so as to change the compensation of the members and chairperson of the board of education; and for other purposes.

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

HB 748. By Representative Ray of the 128th:
A BILL to amend an Act providing a new charter for the City of Byron, so as to change the corporate limits of the City of Byron; and for other purposes.

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

HB 749. By Representative Ray of the 128th:
A BILL to amend an Act providing a new charter for the City of Byron, so as to change the provisions relating to the condemnation powers of the City of Byron; and for other purposes.

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

HB 751. By Representative DeLoach of the 172nd:
A BILL to amend an Act providing a new charter for the City of Midway, so as to provide for term limits for the office of mayor; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 752. By Representative Greene of the 158th:
A BILL to provide for the compensation and expenses of the members of the Board of Education of Chattahoochee County; and for other purposes.

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

HB 753. By Representatives Cooper of the 31st, Franklin of the 39th, Ehrhart of the 36th, Collins of the 29th, Wix of the 33rd 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; and for other purposes.

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

HB 756. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A BILL to create the Coweta County Water and Sewerage Authority and to provide for the appointment of members of the authority; and for other purposes.

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

HB 757. By Representative Shanahan of the 10th:
A BILL to create a board of elections and registration for Gordon County and provide for its powers and duties; and for other purposes.

FRIDAY, MARCH 2, 2001

1669

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

HB 758. By Representatives Cash of the 108th, Sanders of the 107th and Lunsford of the 109th:
A BILL to amend an Act creating the State Court of Henry County, so as to change the provisions relating to the clerk of the state court; to provide for the appointment, compensation, powers, and duties of the clerk; to provide for powers of the deputy clerks; and for other purposes.

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

HB 759. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, 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 judges and associate judges of the state court; and for other purposes.

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

HB 761. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:
A BILL to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes for the full value of the homestead after a two-year phase-in period for certain residents of that city who are 62 years of age or older; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 762. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to provide for the filling of vacancies in the office of sheriff of Catoosa County; and for other purposes.

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

SB 193. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663), so as to change the provisions relating to vacancies in the governing authority; to repeal conflicting laws; and for other purposes.

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

SB 228. By Senator Harbison of the 15th:
A bill to be entitled an Act to create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to repeal conflicting laws; and for other purposes.

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.

FRIDAY, MARCH 2, 2001

1671

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

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister
Byrd Y Callaway
Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B
Coleman, T Y Collins
Connell Cooper

Y Cox Y Crawford Y Cummings
Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Holland E Holmes Houston Y Howard Y Hudgens Hudson, N

Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye
Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris
Mosley

Mueller Y Orrock
Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Skipper Smith, B

Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings
Stancil Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 124, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Keen of the 174th, Ray of the 128th, Smith of the 91st and Stancil of the 16th 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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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 30. By Senators Ray of the 48th, Kemp of the 3rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide for the meaning of certain terms; to change provisions relating to furnishing copies of records; to change provisions relating to costs of copies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 60. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hecht of the 34th and Stokes of the 43rd:
A bill to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to child abuse; to include additional terms; to include compliance standards and annual reporting; to provide for review committees, their duties, powers, and reporting requirements; to create a new panel and provide for its duties, powers, and reporting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 96. By Senator Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to status as a senior judge, requests for assistance of a senior judge, and the compensation of senior judges, so as to provide that one or more years of prior service as chairperson of the State Board of Workers Compensation shall be allowable as service required for appointment as senior judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 118. By Senator Harp of the 16th:
A bill to be entitled an Act 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

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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; to provide which persons are bound by child custody determinations under the Act; to provide for priority on the calendar for questions relating to the existence or exercise of jurisdiction; to provide for notice and proof of service; to provide for conflicts with Article 2 of the chapter, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978"; to repeal conflicting laws; and for other purposes.
SB 119. By Senators Walker of the 22nd and Hill of the 4th:
A bill to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists; to change the provisions relating to the short title, legislative purpose, and definitions; to change the provisions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and standards committees thereof; to change the provisions prohibiting the unlicensed practice of specialties and the use of certain titles and change the exceptions to such prohibitions; to repeal conflicting laws; and for other purposes.
SB 147. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to provide that sessions of municipal court may be held outside the municipality under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 177. By Senators Harbison of the 15th, Kemp of the 3rd and Dean of the 31st:
A bill to be entitled an Act to amend Code Section 33-5-26 of the Official Code of Georgia Annotated, related to the endorsement of insurance contract by broker, so as to require that certain surplus lines policies must provide brochures explaining coverages at the time of application for the policies; to authorize the promulgation of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 186. By Senators Golden of the 8th, Polak of the 42nd, Jackson of the 50th, Lee of the 29th and Hecht of the 34th:

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A bill to be entitled an Act to amend Article 11 of Chapter 9 of Title 34 of the O.C.G.A., relating to drug-free workplace programs, so as to recognize on-site testing at the employers worksite as qualified testing; to reduce the number of hours of employee and supervisor training required after the first year of certification; to change the definition of a certain term; to change the provisions relating to the insurance premium discount; to change the provisions relating to the elements of a drug-free workplace program; to change the provisions relating to conduct of testing, types of tests, and procedures; to change the provisions relating to Employee Assistance Programs; to change the provisions relating to an employers program on substance abuse; to repeal conflicting laws; and for other purposes.
SB 240. By Senators Lamutt of the 21st, Gingrey of the 37th, Tanksley of the 32nd and Tate of the 38th:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), so as to change certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 307. By Representatives Amerson of the 7th and Poag of the 6th:
A BILL to create and establish the Fannin County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; and for other purposes.
HB 670. By Representatives Murphy of the 18th and Stallings of the 100th:
A BILL to amend an Act providing a new charter for the City of Bremen, so as to provide that all taxes collected by the city for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education on a regular periodic basis; and for other purposes.
HB 677. By Representatives Manning of the 32nd, Ehrhart of the 36th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

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HB 680. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Thomas County Emergency Services Board, so as to provide for a change of name; to provide for terms of office; to change the provisions relating to removal and membership; and for other purposes.
HB 685. By Representative Ray of the 128th:
A BILL to abolish the present mode of compensating the coroner and deputy coroner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; and for other purposes.
HB 697. By Representatives Purcell of the 147th and Barnard of the 154th:
A BILL to amend an Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan," so as to change the rate of interest which delinquent ad valorem taxes bear; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 178. By Senators Crotts of the 17th, Gillis of the 20th, Starr of the 44th, Dean of the 31st, Scott of the 36th and others:
A resolution expressing regret at the passing of the Honorable Paul Coverdell and authorizing the placing of his portrait in the State Capitol; and for other purposes.

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

SB 30.

By Senators Ray of the 48th, Kemp of the 3rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide for the meaning of certain terms; to change provisions relating to furnishing copies of records; to change provisions relating to costs of copies; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.

SB 60.

By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hecht of the 34th and Stokes of the 43rd:
A bill to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to child abuse; to include additional terms; to include compliance standards and annual reporting; to provide for review committees, their duties, powers, and reporting requirements; to create a new panel and provide for its duties, powers, and reporting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 96.

By Senator Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to status as a senior judge, requests for assistance of a senior judge, and the compensation of senior judges, so as to provide that one or more years of prior service as chairperson of the State Board of Workers Compensation shall be allowable as service required for appointment as senior judge; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 118. By Senator Harp of the 16th:
A bill to be entitled an Act 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; to provide which persons

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are bound by child custody determinations under the Act; to provide for priority on the calendar for questions relating to the existence or exercise of jurisdiction; to provide for notice and proof of service; to provide for conflicts with Article 2 of the chapter, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978"; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 119. By Senators Walker of the 22nd and Hill of the 4th:
A bill to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists; to change the provisions relating to the short title, legislative purpose, and definitions; to change the provisions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and standards committees thereof; to change the provisions prohibiting the unlicensed practice of specialties and the use of certain titles and change the exceptions to such prohibitions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 147. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to provide that sessions of municipal court may be held outside the municipality under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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SB 177. By Senators Harbison of the 15th, Kemp of the 3rd and Dean of the 31st:
A bill to be entitled an Act to amend Code Section 33-5-26 of the Official Code of Georgia Annotated, related to the endorsement of insurance contract by broker, so as to require that certain surplus lines policies must provide brochures explaining coverages at the time of application for the policies; to authorize the promulgation of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 186. By Senators Golden of the 8th, Polak of the 42nd, Jackson of the 50th, Lee of the 29th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 11 of Chapter 9 of Title 34 of the O.C.G.A., relating to drug-free workplace programs, so as to recognize on-site testing at the employers worksite as qualified testing; to reduce the number of hours of employee and supervisor training required after the first year of certification; to change the definition of a certain term; to change the provisions relating to the insurance premium discount; to change the provisions relating to the elements of a drug-free workplace program; to change the provisions relating to conduct of testing, types of tests, and procedures; to change the provisions relating to Employee Assistance Programs; to change the provisions relating to an employers program on substance abuse; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 240. By Senators Lamutt of the 21st, Gingrey of the 37th, Tanksley of the 32nd and Tate of the 38th:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), so as to change certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SR 178. By Senators Crotts of the 17th, Gillis of the 20th, Starr of the 44th, Dean of the 31st, Scott of the 36th and others:
A resolution expressing regret at the passing of the Honorable Paul Coverdell and authorizing the placing of his portrait in the State Capitol; and for other purposes.

Referred to the Committee on Rules.

Representative Jennings of the 63rd arose to a point of personal privilege and addressed the House.

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

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 118. By Representatives Jamieson of the 22nd, Ashe of the 46th, McClinton of the 68th and Day of the 153rd:
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 tax credits with respect to rehabilitation of historic structures; and for other purposes.

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 tax

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credits with respect to rehabilitation of historic structures; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue and the Department of Natural Resources; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.7, to be designated Code Section 48-7-29.8, to read as follows:
"48-7-29.8. (a) As used in this Code section, the term:
(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Natural Resources as meeting the United States Secretary of the Interiors Standards for Rehabilitation or the Georgia Standards for Rehabilitation as provided by the Department of Natural Resources. (2) 'Certified structure' means a historic building or structure that is individually listed in the Georgia Register of Historic Places or is certified by the Department of Natural Resources as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence of the person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such persons principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. (4) 'Qualified rehabilitation expenditure' means any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed:

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(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(1)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property. (6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 30 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures. (c) In no event shall credits for a historic home exceed $50,000.00 in any 120 month period. (d) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayers state tax return a copy of the certification of the Department of Natural Resources verifying that the improvements to the certified structure are consistent with the Department of Natural Resources Standards for Rehabilitation.
(e)(1) If the credit allowed under this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of:
(A) The full amount of the excess is used; or (B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) No such credit shall be allowed the taxpayer against prior years tax liability. (f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section. (g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer.

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(2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchasers tax return a copy of the approval of the rehabilitation by the Department of Natural Resources as provided in subsection (d) and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(1) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows:
(A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner. (i) The Department of Natural Resources and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes of this Code section. (j) The Department of Natural Resources shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed."
SECTION 2. This Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Allen Y Amerson Y Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudson, S Y Hugley Y Irvin Y Jackson, B

Y Mueller Y Orrock Y Parham Y Parrish

Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

E Day Dean
Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland E Holmes Y Houston Y Howard
Hudgens Y Hudson, N

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

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

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Maddox of the 72nd and Smith of the 175th 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 207. By Representatives Reichert of the 126th, Murphy of the 18th, Wix of the 33rd, Scheid of the 17th and Hudgens of the 24th:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that any person who accepts a check

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in exchange for a cash payment to the maker of the check pursuant to an agreement to defer presentment of the check shall be licensed in this state; and for other purposes.

The following amendment was read:

Representative Everett of the 163rd moves to amend HB 207 as follows: Page 9, line 9, strike "15 percent" and add "25% annualized." Page 9, line 10, after "chapter;" strike all words through line 11.

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

E Allen N Amerson Y Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Coan N Coleman, B

N Cox N Crawford N Cummings
Davis N Day Y Dean N Deloach, B Y Deloach, G N Dix
Dodson N Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick Y Graves Y Greene Y Hammontree N Hanner
Harbin N Harrell Y Heard N Heckstall N Hembree N Henson Y Hines Y Holland E Holmes

Hudson, S Y Hugley
Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan N Joyce N Kaye Y Keen N Knox N Lane N Lanier N Lewis N Lord N Lucas N Lunsford
Maddox Y Mangham E Mann N Manning N Martin N Massey N McBee
McCall McClinton Y McKinney Y Millar

Y Mueller Y Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall
Ray N Reece Y Reed Y Reese N Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal N Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar

Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley
Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor
Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland N Wiles Y Wilkinson Y Willard

N Coleman, T Y Collins N Connell Y Cooper

FRIDAY, MARCH 2, 2001

Y Houston N Howard N Hudgens Y Hudson, N

Y Mills N Mobley N Morris Y Mosley

Y Sims Y Sinkfield N Skipper N Smith, B

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N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 69, nays 94. The amendment was lost.

The following amendment was read:

Representatives Dean of the 48th and Orrock of the 56th move to amend HB 207 as follows:
Page 1, line 4, strike the words "licensed in this state." After terms on same line and line 5 strike all words to the word "to" on line 7.
Page 2, strike line No. (6), lines 14 through 15. Strike lines 20 through 25. Line 28: strike all words after "services" on line 28.
Page 3, strike everything after the word "transaction" on line 1 and add the words "shall be illegal."

The following amendment was read and adopted:

Representatives Mangham of the 75th and Dean of the 48th move to amend the Dean amendment to HB 207 by striking, after the first appearance of the words "line 28" in the amendment, the words: striking all words after "services" on line 28, and inserting, in lieu thereof, the words:
"striking all words after "services" on line 28 and adding thereafter the words "except where such business is authorized by federal statutes or rules and regulations established pursuant to such federal statutes".

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

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E Allen Y Amerson Y Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon
Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell N Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Cox N Crawford N Cummings N Davis N Day Y Dean N Deloach, B N Deloach, G N Dix
Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett N Floyd Y Forster N Franklin N Golick N Graves N Greene Y Hammontree N Hanner N Harbin N Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland E Holmes Y Houston
Howard N Hudgens N Hudson, N

N Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson Y Jordan N Joyce Y Kaye N Keen
Knox N Lane N Lanier N Lewis N Lord N Lucas N Lunsford N Maddox Y Mangham E Mann
Manning N Martin N Massey N McBee N McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Mueller Y Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert N Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal N Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar N Sims Y Sinkfield N Skipper Y Smith, B

Y Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V Y Smyre N Snelling N Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner N Stephens N Stokes Y Stuckey Y Taylor
Teague N Teper N Tillman Y Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland N Wiles Y Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 63, nays 105. The amendment was lost.

Representative Roberts of the 162nd moved that the House reconsider its action in failing to adopt the Everett amendment.

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

E Allen Y Amerson Y Anderson N Ashe

Y Cox N Crawford Y Cummings Y Davis

N Hudson, S Y Hugley Y Irvin Y Jackson, B

Mueller Y Orrock N Parham N Parrish

Y Smith, C N Smith, C.W Y Smith, L N Smith, P

Y Bannister Y Barnard N Barnes N Bell N Birdsong Y Black N Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

FRIDAY, MARCH 2, 2001

Y Day Dean
Y Deloach, B Y Deloach, G N Dix
Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin N Golick Y Graves Y Greene Y Hammontree N Hanner N Harbin N Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston N Howard N Hudgens Y Hudson, N

N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson Y Jordan N Joyce N Kaye Y Keen
Knox N Lane N Lanier N Lewis N Lord
Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning N Martin N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal N Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield N Skipper N Smith, B

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

On the motion, the ayes were 98, nays 72. The motion prevailed.

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

E Allen Y Amerson Y Anderson N Ashe Y Bannister N Barnard Y Barnes N Bell N Birdsong Y Black N Boggs

N Cox N Crawford N Cummings Y Davis N Day Y Dean N Deloach, B Y Deloach, G N Dix
Dodson Y Drenner

N Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson Y Jordan

Y Mueller Y Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell N Purcell

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

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Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Broome Y Brown N Buck Y Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers
Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick Y Graves Y Greene Y Hammontree N Hanner N Harbin N Harrell Y Heard Y Heckstall N Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard N Hudgens Y Hudson, N

N Joyce N Kaye Y Keen Y Knox N Lane N Lanier N Lewis N Lord
Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning N Martin N Massey Y McBee Y McCall N McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

N Ragas N Randall Y Ray N Reece Y Reed Y Reese N Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal N Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield N Skipper N Smith, B

Y Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor
Teague N Teper N Tillman Y Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the Everett amendment, the ayes were 98, nays 74. The amendment was adopted.

The following amendment was read:

Representatives Reichert of the 126th and Parrish of the 144th move to amend HB 207 by striking lines 32 through 34 of page 8 and inserting in lieu thereof the following:
"(g) A licensee may not carry on other business or businesses at a location where it engages in deferred presentment transactions unless it receives prior approval from the commissioner to carry on such other business or businesses. Any other provision of this title to the contrary notwithstanding, a licensee may operate a business subject to the provisions of this chapter in the same location as it operates a business licensed under Chapter 3 of this title."

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

FRIDAY, MARCH 2, 2001

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E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Bell Y Birdsong N Black N Boggs N Bohannon Y Bordeaux N Borders Y Bridges N Brooks Y Broome N Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins N Connell N Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G N Dix
Dodson Y Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd Y Forster N Franklin N Golick
Graves Y Greene N Hammontree Y Hanner Y Harbin Y Harrell N Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens N Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning N Martin N Massey N McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock N Parham Y Parrish Y Parsons Y Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray N Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 128, nays 43. The amendment was adopted.

The following amendment was read and adopted:

Representative Scheid of the 17th moves to amend HB 207 by inserting immediately following line 28 of page 7 the following:

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"(5) Display in a conspicuous location in each place of business the name and toll free telephone number of Consumer Credit Counseling."

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:

E Allen Y Amerson N Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G Y Dix
Dodson N Drenner Y Dukes Y Ehrhart N Epps Y Everett
Floyd Y Forster N Franklin Y Golick Y Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree N Henson Y Hines N Holland Y Holmes N Houston Y Howard Y Hudgens N Hudson, N

Y Hudson, S N Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee N McCall Y McClinton N McKinney Y Millar N Mills Y Mobley N Morris N Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan N Shaw N Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 38.

FRIDAY, MARCH 2, 2001

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

Representatives Forster of the 3rd and Stanley of the 50th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Forster of the 3rd 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 569. By Representative Connell of the 115th:
A BILL to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, so as to provide that service of judgments is also not required when service is waived; to amend Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, so as to provide that notification is not required when service has been waived by law; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, so as to provide that service of judgments is also not required when service is waived; to amend Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, so as to provide that notification is not required when service has been waived by law; to provide for an effective date and applicability; 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 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, is amended by striking

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subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section."
SECTION 2. Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When he or she has so decided, it shall be the duty of the judge to file his or her decision with the clerk of the court in which the cases are pending and to notify the attorney or attorneys of the losing party of his or her decision. Said notice shall not be required if such notice has been waived pursuant to subsection (a) of Code Section 911-5."
SECTION 3. This Act shall become effective on July 1, 2001, and shall apply to judgments or decisions entered on and after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong

Y Cox Crawford
Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings

Y Mueller Y Orrock Y Parham
Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow

Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Johnson Y Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Teper of the 61st 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 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by adding following Code Section 26-4-110 a new Code section to read as follows:
"26-4-110.1. (a) As used in this Code section, the term:
(1) 'Enrollee' means a person eligible to receive health care benefits under a health benefit plan. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, or any managed care plan. (3) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state. (4) 'Pharmacy benefits manager' means any person, corporation, or other entity that administers the prescription drug, prescription device, or both prescription drug and device portion of a health benefit plan on behalf of an insurer and in so doing performs any act which constitutes the practice of pharmacy. (b) Every pharmacy benefit manager shall be licensed to practice as a pharmacy in this state and shall comply with those provisions of 26-4-110, except subsections (h), (i), and (j) thereof. As a condition for licensing, every pharmacy benefit manager shall permit the board or agents or employees thereof to inspect the premises of such pharmacy benefit manager whether those premises are located within or outside this state."
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:

E Allen Y Amerson

Y Cox Y Crawford

Y Hudson, S Y Hugley

Y Mueller Y Orrock

Y Smith, C Y Smith, C.W

Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin
Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Maddox Y Mangham E Mann Manning Y Martin Y Massey Y McBee Y McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

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

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 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 "nay" thereon.

Representatives Collins of the 29th and Manning of the 32nd 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 580. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:
A BILL to amend Code Section 49-5-135 of the Official Code of Georgia Annotated, relating to the Children and Youth Coordinating Council, so as to change the assignment for administrative purposes; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Maddox Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

FRIDAY, MARCH 2, 2001 On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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Representatives Barnard of the 154th and Collins of the 29th 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 578. By Representatives Murphy of the 18th, Coleman of the 142nd, Hudson of the 156th, Ray of the 128th and Royal of the 164th:
A BILL to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Tobacco Community Development Board, so as to change the assignment for administrative purposes; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford
Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L

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Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, N

Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Collins of the 29th 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 478. By Representatives Murphy of the 18th, Martin of the 47th, Bordeaux of the 151st, Hammontree of the 4th and Dix of the 76th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change a provision relating to an insurer's liability for a bad faith refusal to pay for a loss covered by insurance; to provide for a private cause of action for unfair claims settlement practices in certain circumstances and to provide for certain procedures in connection therewith; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to claims against insurance companies, so as to change provisions relating to an insurers liability for a bad faith refusal to pay for a loss covered by insurance; to provide for insurers duties with respect to settlement of motor vehicle liability policy claims; to provide for a private cause of action for unfair claims settlement practices in certain circumstances and to provide for damages and procedures in connection therewith; to

FRIDAY, MARCH 2, 2001

1699

provide for the right and manner of recovery; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to claims against insurance companies, is amended by striking Code Section 33-4-6, relating to the liability of an insurer for damages and attorneys fees, and inserting in lieu thereof new Code Sections 33-4-6 and 33-4-7 to read as follows:
"33-4-6. (a) In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in bad faith, the insurer shall be liable to pay such holder, in addition to the loss, not more than 25 50 percent of the liability of the insurer for the loss or $5,000.00, whichever is greater, and all reasonable attorneys fees for the prosecution of the action against the insurer. The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. The amount of any reasonable attorneys fees shall be determined by the trial jury and shall be included in any judgment which is rendered in the action; provided, however, the attorneys fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorneys fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorneys fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorneys fees are not controlling as to the fees which may be agreed upon by the plaintiff and his the plaintiffs attorney for the services of the attorney in the action against the insurer. (b) In any action brought pursuant to subsection (a) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the Consumers Insurance Advocate a copy of the demand and complaint by first class mail. Failure to comply with this subsection may be cured by delivering same.
33-4-7. (a) In the event of a loss because of injury to or destruction of property covered by a motor vehicle liability insurance policy, the insurer issuing such policy has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the

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insured under such policy. Any insurer who breaches this duty may be liable to pay the claimant, in addition to the loss, not more than 50 percent of the liability of the insured for the loss or $5,000.00, whichever is greater, and all reasonable attorneys fees for the prosecution of the action. (b) An insurer breaches the duty of subsection (a) of this Code section when, after investigation of the claim, liability has become reasonably clear and the insurer in bad faith offers less than the amount reasonably owed under all the circumstances of which the insurer is aware. (c) A claimant shall be entitled to recover under subsection (a) of this Code section if the claimant or the claimants attorney has delivered to the insurer a demand letter, by statutory overnight delivery or certified mail, return receipt requested, offering to settle for an amount certain, the insurer has refused or declined to do so within 60 days of receipt of such demand, thereby compelling the claimant to institute or continue suit to recover, and the claimant ultimately recovers an amount equal to or in excess of the claimants demand. (d) At the expiration of the 60 days set forth in subsection (c), the claimant may serve the insurer issuing such policy by service of the complaint in accordance with law. The insurer shall be an unnamed party, not disclosed to the jury, until there has been a verdict resulting in recovery equal to or in excess of the claimants demand. If that occurs, the trial shall be recommenced in order for the trier of fact to receive evidence to make a determination as to whether bad faith existed in the handling or adjustment of the attempted settlement of the claim or action in question. (e) The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. (f) The amount of recovery, including reasonable attorneys fees, if any, shall be determined by the trier of fact and included in a separate judgment against the insurer rendered in the action; provided, however, the attorneys fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorneys fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorneys fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorneys fees are not controlling as to the fees which may be agreed upon by the plaintiff and his or her attorney for the services of the attorney. (g) In any action brought pursuant to subsection (b) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the Consumers Insurance Advocate a copy of the demand and complaint by first class mail. Failure to comply with this subsection may be cured by delivering same."

FRIDAY, MARCH 2, 2001
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1701

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:

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 0.

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

HB 201. By Representatives Ragas of the 64th, Stokes of the 92nd, Dix of the 76th, Squires of the 78th and Wiles of the 34th:
A BILL to amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for an alternative to detention in a youth development center; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton Y McKinney Millar

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mills Y Mobley Y Morris Y Mosley

Sims Y Sinkfield Y Skipper Y Smith, B

1703
Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 68.

By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Hudgens of the 24th and Holland of the 157th:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide that with respect to employers of certain domestic employees certain contributions shall be due and payable on an annual basis rather than on a quarterly basis; to require certain annual tax and wage reports; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs

1704
Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Mann Y Manning
Martin Y Massey Y McBee
McCall McClinton Y McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Smith, B

Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 612. By Representative Cummings of the 27th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the power of the board of trustees of the Employees' Retirement System of Georgia to invest and reinvest the assets of the retirement system; to provide that 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; and for other purposes.

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 amend the definition of a certain term; to change certain internal references within such title; to amend the provisions relating to the manner in which the state auditor enforces certain investment requirements in such title; to delete the requirement of a certain report of the state auditor; to change the requirement of a certain actuarial investigation from every three years to every two years; to change the requirements of a certain report of the state auditor; to clarify provisions relating to the enforcement of noncompliance with the investment restrictions of said title; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 2, 2001

1705

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 subsection (a) of Code Section 47-1-3, relating to the power of a local retirement system to hire an actuary, payment of the administrative costs of a local retirement system, periodic actuarial investigations, and an annual financial report, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'local retirement system' means any retirement, pension, or emeritus system covering an employee or employees of a county, municipality, local board of education, or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions for the purpose of paying benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. Such term 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. Such term shall not include an individual retirement account or other plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participants account and any income, expenses, gains, and losses and any forfeitures of accounts of other participants which may be allocated to a participants account."
SECTION 2. Said title is further amended by striking in its entirety Code Section 47-1-5, relating to the duty of governing authorities to make and file actuarial investigations and to file financial reports and withholding of state funds for failure to meet this duty, and inserting in lieu thereof the following:
"41-1-5. It shall be the duty of the governing authority of each county, municipality, or other political subdivision whose employees are covered under a local retirement system and the duty of a local board of education whose employees are covered under a local retirement system to cause the actuarial investigations required by subsection (d) of Code Section 47-1-3 to be made and to cause such actuarial investigations to be filed with the state auditor as required by that subsection. It shall also be their duty to cause financial reports to be submitted to the state auditor as required by subsections (e) through (j) of Code Section 47-1-3. If a required actuarial investigation and financial report are not submitted, then within 30 days after the date on which such investigation and report were due in the office of the state auditor, the state auditor shall notify, in writing, the governing authority of the county, municipality, or other political subdivision whose employees are covered under the applicable local retirement system. If the actuarial investigation and financial report are not received by the state auditor within 60 days after the date such notice is sent to the governing authority, the state

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auditor shall notify the director of the Office of Treasury and Fiscal Services; and it shall be the duty of the director all state agencies, and it shall be the duty of each state agency to withhold any state funds payable to the applicable political subdivision or local board of education until the actuarial investigation and financial report are submitted to the state auditor. The state auditor shall advise the director of the Office of Treasury and Fiscal Services all state agencies within five days after receiving the actuarial investigation and financial report to release any state funds payable to the applicable political subdivision."
SECTION 3. Said title is further amended by striking in its entirety Code Section 47-1-12, relating to the investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and the duties of the state auditor, and inserting in lieu thereof the following:
"47-1-12. (a) 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, 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, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments. (b) 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) 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. (d) 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. Reserved."
SECTION 4. Said title is further amended by striking in its entirety subsection (h) of Code Section 4720-10, relating to minimum annual employer contributions, and inserting in lieu thereof the following:
"(h) 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

FRIDAY, MARCH 2, 2001

1707

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 maintained 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 Article 7 of this chapter, and, for the purposes of that Code section article and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds."
SECTION 5. Said title is further amended by striking in its entirety Code Section 47-20-21, relating to triennial actuarial investigations, penalties for violations shown, and lists of local systems not in conformance reported triennially, and inserting in lieu thereof the following:
"47-20-21. (a) The retirement system administrator of each retirement system of a political subdivision shall comply fully with the requirements of Code Section 47-1-3 requiring the employment of an actuary and the completion of actuarial investigations once every three two years. In addition to the other requirements specified by Code Section 47-1-3 for such actuarial investigations, each such investigation shall express the actuarys opinion, which shall be supported by such analysis as the actuary determines necessary, of the status of the retirement system with regard to the minimum funding standards specified in Code Section 47-20-10. Each such actuarial investigation shall also include an analysis of each change in or amendment to the retirement system since the previous investigation and shall identify any change or amendment which granted a benefit increase. (b) If an actuarial investigation or a financial report which is submitted to the state auditor under Code Section 47-1-3 shows that an amendment or change was made in a retirement system of a political subdivision granting a benefit increase in violation of subsection (a) of Code Section 47-20-20 or shows that a retirement system of a political subdivision is not in conformity with the requirements of subsection (b) of Code Section 47-20-20, it shall be the duty of the state auditor to notify the director of the Office of Treasury and Fiscal Services; and it shall be the duty of the director all state agencies, and it shall be the duty of each agency to withhold any state funds payable to the applicable political subdivision until the actuary of the applicable retirement system certifies to the state auditor and to the director that employer contributions to each retirement system of the political subdivision are in conformity with the minimum funding standards specified in Code Section 47-20-10. (c) The report on the condition of local retirement systems submitted to the Governor and to members of the General Assembly pursuant to Code Section 47-1-4 shall include

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a separate list of each retirement system of each political subdivision which is not in conformity with the minimum funding standards specified by Code Section 47-20-10 and a separate attachment giving a full explanation of any action taken pursuant to subsection (b) of this Code section."
SECTION 6. Said title is further amended by inserting at the end of Code Section 47-20-81, relating to the definition of the term "fund" and applicability, the following:
"(c) 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, 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, subject to all terms, conditions, limitations, and restrictions imposed by the provisions of this article."
SECTION 7. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 47-20-84, relating to a limitation on the amount of equities in which retirement systems may invest, and inserting in lieu thereof the following:
"(b) A large retirement system may not invest more than 10 percent of the retirement system assets, based on asset costs, 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 subsection (a) of Code Section 47-20-83. (c) A fund shall not invest more than 55 percent of retirement system assets, based on asset costs, 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 provisions of this subsection shall immediately be subject to the provisions of Code Section 47-20-86; provided, however, that any fund which is was not in compliance with the limitations imposed by this subsection on July 1, 2000, shall be granted a two-year grace period until July 1, 2002, to come into compliance; provided, however further, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities."
SECTION 8. Said title is further amended by inserting at the end of Code Section 47-20-84, relating to a limitation on the amount of equities in which retirement systems may invest, the following:
"(e) The state auditor may monitor the investment activity of any retirement system and 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 such system."
SECTION 9.

FRIDAY, MARCH 2, 2001 All laws and parts of laws in conflict with this Act are repealed.

1709

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:

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE

HB 435. By Representative Bordeaux of the 151st:
A BILL to amend Code Section 9-11-35 of the Official Code of Georgia Annotated, relating to the physical and mental examination of persons, so as to provide that mental examinations may be conducted by either a physician or a psychologist; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

FRIDAY, MARCH 2, 2001

1711

On the passage of the Bill, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 737. By Representative Bordeaux of the 151st:
A BILL to be entitled an Act to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to provide that attorney's fees and expenses of litigation awarded under this Code section in a prior action shall be treated as court costs with regard to the filing of any subsequent action; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorneys fees assessed for frivolous actions and defenses, so as to provide that attorneys fees and expenses of litigation awarded under this Code section in a prior action shall be treated as court costs with regard to the filing of any subsequent action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorneys fees assessed for frivolous actions and defenses, is amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Reserved. Attorneys fees and expenses of litigation awarded under this Code section in a prior action between the same parties shall be treated as court costs with regard to the filing of any subsequent action."
SECTION 2. 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:

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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.

FRIDAY, MARCH 2, 2001

1713

SB 161. By Senators Walker of the 22nd, Thomas of the 10th, Smith of the 25th and Jackson of the 50th:
A bill to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for certain incentive award programs and incentive compensation plans for employees of the state; to revise existing provisions relating to suggestions and awards; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

1714

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HR 275. By Representative Childers of the 13th:
A RESOLUTION to direct and require that the Department of Community Health adopt certain reimbursement methodologies for nursing facilities; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
To urge that the Department of Community Health adopt certain reimbursement methodologies for nursing facilities; and for other purposes.
WHEREAS, nursing facilities strive to provide residents with care to meet their needs; and
WHEREAS, a recent federal study has determined that the care provided to nursing facility residents in more than half of the facilities across the nation falls below a bare minimum number of hours required to care for such residents; and
WHEREAS, the nursing facility industry has acknowledged the critical shortage of dedicated, trained care givers; and
WHEREAS, nursing facilities in Georgia have acknowledged difficulty in hiring and keeping enough direct care staff to care for their residents; and
WHEREAS, providing quality care for nursing facility residents is a complex issue that has many facets; and
WHEREAS, one of the important facets is providing adequate reimbursement to nursing facilities to encourage staffing at levels and hours that adequately meet the needs of the residents; and
WHEREAS, the vast majority of nursing facility residents pay for their care with some

FRIDAY, MARCH 2, 2001

1715

government assistance; and
WHEREAS, providing adequate staff to provide quality care for such residents requires reimbursement from government agencies and private providers at a level that adequately pays for such care and has some relationship to the amount of care provided; and WHEREAS, the Department of Community Health is responsible for the reimbursement methodology for nursing facilities receiving Medicaid funds; and
WHEREAS, the Department of Community Health is proposing a new method for using facility reimbursement; and
WHEREAS, in the development of such a reimbursement methodology, the Department of Community Health has the flexibility to include incentives to nursing facilities to promote appropriate levels of adequately trained staff to meet the needs of each resident; and
WHEREAS, providing financial incentives to nursing facilities to recruit, train, and retain staff and to implement innovative methods of management and service delivery is a first step in addressing the problem.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that, in order to provide quality care for residents, the Department of Community Health is urged, as part of its reimbursement methodology, to provide to nursing facilities up-front incentives and, where appropriate, pass-throughs to increase the number of staff above the current minimum requirements.
AND BE IT FURTHER RESOLVED, that the Department of Community Health is urged to provide incentives to assist such facilities to recruit, train, and retain appropriate direct care staff by the use of, among other inducements, enhancements to wages and benefits, and to provide grants to such facilities to institute the Wellspring model, the Eden alternative, or other such innovative models of management and service delivery as the department shall approve.
AND BE IT FURTHER RESOLVED, that the Department of Community Health shall assure that any funds provided through these incentives are utilized exclusively for recruitment, training, and retention of direct care staff and shall measure the outcomes of these incentives including direct care staff recruitment, training and retention, and resident health outcomes.
AND 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 Mr. Russ Toal, the Commissioner of the Department of Community Health.

1716

JOURNAL OF THE HOUSE

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

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 153, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

FRIDAY, MARCH 2, 2001

1717

HR 102. By Representative Harrell of the 62nd:
A RESOLUTION compensating Ms. Valerie Louise Hamby; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 102 by striking from lines 13 and 18 on page 1 the following:
"$919.78",
and inserting in lieu thereof the following:
"$100.00".

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:

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Y Franklin E Golick Graves Y Greene Y Hammontree Y Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs

1718
Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

HR 229. By Representatives Powell of the 23rd, Parham of the 122nd and Cummings of the 27th:
A RESOLUTION urging the United States Congress to provide for a review and revision of the Federal Motor Vehicle Safety Standard for motorcycle helmets (FMVSS 218) based on conclusions drawn from comprehensive testing performed under realistic motorcycle accident conditions; and for other purposes.

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:

E Allen Y Amerson Y Anderson
Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Drenner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell

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

Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell
Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

1719
Y Stancil Stanley Stanley-Turner
Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Stanley of the 49th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Walker of the 141st assumed the chair.

HB 607. By Representatives Jenkins of the 110th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for certain tax credits with respect to certain qualified business expansion; and for other purposes.

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

1720

JOURNAL OF THE HOUSE

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

FRIDAY, MARCH 2, 2001

1721

HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; 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 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, is amended by striking in their entirety paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof the following:
"(12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-3; or (13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof; or (14) Unless the request is made by the accused in a criminal case or by his or her

1722

JOURNAL OF THE HOUSE

attorney, public records of an emergency '911' system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records."
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:

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard
Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 2, 2001

Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1723
Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 389. By Representative Snow of the 2nd:
A BILL to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to repeal a prohibition against narcotics agents being members of the Employees' Retirement System of Georgia; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest

1724
Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 461. By Representatives Stanley of the 49th, Stanley of the 50th, Hugley of the 133rd, Taylor of the 134th, Mobley of the 69th and others:
A RESOLUTION commending Women for Morris Brown College, Inc.; and for other purposes.

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

HR 462. By Representatives Smith of the 103rd, Walker of the 141st, Murphy of the 18th, Westmoreland of the 104th, Coleman of the 142nd and others:
A RESOLUTION commending Alan Jackson and inviting him to appear before the House of Representatives; and for other purposes.

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:

FRIDAY, MARCH 2, 2001

1725

HR 270. By Representative Scott of the 165th: A RESOLUTION designating the Hugh J. Thomas Bridge; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 271. By Representatives Stancil of the 16th, Pinholster of the 15th, Scheid of the 17th and Twiggs of the 8th: A RESOLUTION designating the Judge C. Michael Roach Interchange; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 272. By Representatives Smith of the 91st, Bridges of the 9th, Hudson of the 120th, Hudgens of the 24th, Jamieson of the 22nd and others: A RESOLUTION designating the Heritage Trail as a part of the Blue Star Memorial Highway; and for other purposes.
The following amendment was read and adopted:
Representative Smith of the 91st moves to amend HR 272 by striking on line 1 of page 1 the word "Trail" and inserting in lieu thereof the word "Highway". By striking on line 16 of page 1 the word "Trail" and inserting in lieu thereof the word "Highway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

1726

JOURNAL OF THE HOUSE

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:

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard
Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 162, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

FRIDAY, MARCH 2, 2001

1727

HB 289. By Representatives Unterman of the 84th, Campbell of the 42nd and McBee of the 88th:
A BILL to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons from a misdemeanor to a misdemeanor of high and aggravated nature; and for other purposes.

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

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

E Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin E Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

1728

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Graves of the 125th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 460 was postponed until Monday, March 5, 2001.
Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker: Your Committee on Game, Fish and 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 636 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman
Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker: Your Committee on State Institutions and 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 413 Do Pass, by Substitute

FRIDAY, MARCH 2, 2001

1729

Respectfully submitted, /s/ Lucas of the 124th
Chairman
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 5, 2001.

1730

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, March 5, 2001

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:

E Allen Amerson Ashe Bannister Barnard Barnes Bell Boggs Bohannon Borders Bridges Brooks Broome Bulloch Bunn Burmeister Byrd Callaway
E Campbell Cash Coan
E Coleman, B

Cox Crawford Cummings Deloach, B Deloach, G Dodson Drenner Everett Floyd Forster Franklin E Golick Greene Hammontree Harbin Heard Hembree Hines E Holmes Howard Hudgens Hudson, S

Jackson, B James Jamieson Johnson Joyce Kaye Keen Knox Lane Lanier Lewis E Lord Lucas Lunsford Mangham E Mann Massey McBee McKinney Mills Mobley

Mosley Parsons Pelote Pinholster Purcell Ragas Reece Reese Reichert Rice Roberts, D Roberts, L Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw

Sholar Sims Sinkfield Smith, C Smith, L Smith, P Smith, V Stallings Stokes Stuckey Taylor Tillman Turnquest E Unterman Watson West Wiles Wilkinson Willard Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Birdsong of the 123rd, Black of the 178th, Bordeaux of the 151st, Brown of the 130th, Buck of the 135th, Buckner of the 95th, Burkhalter of the 41st, Channell of the 111th, Childers of the 13th, Coleman of the 142nd, Collins of the 29th, Connell of the 115th, Cooper of the 31st, Day of the 153rd, Dix of the 76th, Dukes of the 161st, Graves of the 125th, Hanner of the 159th, Harrell of the 62nd, Heckstall of the 55th, Henson of the 65th, Holland of the 157th, Houston of the 166th, Hudson of the 156th, Hugley of the 133rd, Irvin of the 45th, Jackson of the 148th, Jenkins of the 110th, Jennings of the 63rd, Jordan of the 96th, Manning of the 32nd, Martin of the 47th, McCall of the 90th, McClinton of the 68th, Millar of the 59th, Mueller of the 152nd, Parham of the 122nd, Parrish of the 144th, Poag of the 6th, Porter

MONDAY, MARCH 5, 2001

1731

of the 143rd, Powell of the 23rd, Randall of the 127th, Ray of the 128th, Richardson of the 26th, Rogers of the 20th, Smith of the 169th, Smith of the 19th, Smith of the 91st, Smyre of the 136th, Snelling of the 99th, Snow of the 2nd, Stancil of the 16th, Stephens of the 150th, Teper of the 61st, Walker of the 87th and Williams of the 83rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Jack Marks, Pastor, Thankful Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, 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:

1732

JOURNAL OF THE HOUSE

HB 816. By Representatives Lunsford of the 109th, Smith of the 169th, Byrd of the 170th, Mosley of the 171st, Cash of the 108th 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 a state funded high school course in the history, literature, and culture of the ancient Middle East; to provide for the adoption of the curriculum for such course by the State Board of Education; and for other purposes.

Referred to the Committee on Education.

HB 817. By Representatives Cox of the 105th, Coleman of the 80th, Williams of the 83rd, Everett of the 163rd, Lewis of the 14th and others:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to define certain terms; to provide that a member of such retirement system who teaches for a full contract year at a low-performing school shall receive one and one-half years of service credit; and for other purposes.

Referred to the Committee on Retirement.

HB 818. By Representatives Jordan of the 96th, Taylor of the 134th, Hugley of the 133rd and Pelote of the 149th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact a bill of rights for Georgia teachers; and for other purposes.

Referred to the Committee on Education.

HB 819. By Representative Murphy of the 18th: A BILL to create a board of elections and registration for Haralson County

MONDAY, MARCH 5, 2001 and provide for its powers and duties; and for other purposes.

1733

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

HB 820. By Representatives Keen of the 174th and Tillman of the 173rd:
A BILL to amend an Act creating a board of commissioners of Glynn County, so as to change the annual salary of the chairperson and members of the board; and for other purposes.

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

HB 821. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
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 clarify the provisions of the ad valorem tax exemption with respect to property of nonprofit homes for the aged; and for other purposes.

Referred to the Committee on Ways & Means.

HB 822. By Representatives Coleman of the 80th, Mills of the 21st, Smith of the 102nd, Purcell of the 147th, Cummings of the 27th and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase for retirement members of such retirement system; and for other purposes.

Referred to the Committee on Retirement.

HB 823. By Representatives Ehrhart of the 36th, Manning of the 32nd, Cooper of the 31st, Hines of the 38th, Franklin of the 39th and others:

1734

JOURNAL OF THE HOUSE

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 salaries of the tax commissioner and the chief clerk thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 824. By Representatives Lunsford of the 109th, Cash of the 108th, Jenkins of the 110th, Sanders of the 107th, Keen of the 174th and others:
A BILL to amend Code Section 36-32-6, of the Official Code of Georgia Annotated, relating to jurisdiction in marijuana possession cases, so as to authorize prosecution via a summons or citation, without an accusation; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 825. By Representative Henson of the 65th:
A BILL to amend Title 31of the Official Code of Georgia Annotated, relating to health, so as to prohibit health services purveyors from engaging in certain activities with respect to the referral of patients to other health services purveyors for clinical laboratory services and with respect to services provided by clinical laboratories; to prohibit health services purveyors from receiving or accepting certain services from clinical laboratories; to provide for enforcement and the reporting of violations of this Act; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide an additional ground for the suspension, revocation, cancellation, or refusal to renew a license with respect to the practice of dentistry, medicine, or podiatry; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 826. By Representative Bell of the 25th:

MONDAY, MARCH 5, 2001

1735

A BILL to provide a new charter for the City of Jefferson; and for other purposes.

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

HB 827. By Representative Stuckey of the 67th:
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 certain sales by or to nonprofit neighborhood associations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 828. By Representative Parham of the 122nd:
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 the practice of orthotics, prosthetics, and pedorthics; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for the Board of Orthotics, Prosthetics, and Pedorthics; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 829. By Representatives Powell of the 23rd, Childers of the 13th, Stokes of the 92nd and Greene of the 158th:
A BILL to amend Code Section 15-16-121 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase the fee for serving copy of process and returning original; and for other purposes.

Referred to the Committee on Judiciary.

HR 455. By Representatives Lucas of the 124th, Skipper of the 137th, Walker of the 141st and Murphy of the 18th:

1736

JOURNAL OF THE HOUSE

A RESOLUTION creating the Joint Study Committee on Medical Care for Prison Inmates; and for other purposes.
Referred to the Committee on Rules.
HR 456. By Representative Ashe of the 46th: A RESOLUTION creating the House Study Committee on Exempting educators from the State Income Tax; and for other purposes.
Referred to the Committee on Rules.
HR 457. By Representatives Day of the 153rd, Bordeaux of the 151st, Pelote of the 149th and Mueller of the 152nd: A RESOLUTION creating the Savannah-Chatham County Governmental Consolidation Study Committee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 458. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Graves of the 125th and Smyre of the 136th: A RESOLUTION designating the Billy Randall Parkway in Bibb County; and for other purposes.
Referred to the Committee on Transportation.
HR 459. By Representative Stephens of the 150th: A RESOLUTION designating the Lucinda Williams Adams Highway; and for other purposes.

MONDAY, MARCH 5, 2001 Referred to the Committee on Transportation.

1737

HR 460. By Representatives McClinton of the 68th, Orrock of the 56th, Mobley of the 69th, Maddox of the 72nd, Watson of the 70th and others:
A RESOLUTION honoring the life of the Reverend Hosea L. Williams and designating the Reverend Hosea L. Williams Parkway; and for other purposes.

Referred to the Committee on Transportation.

HR 463. By Representatives Stanley of the 49th and Brooks of the 54th:
A RESOLUTION creating the Joint Study Committee on Gaming; and for other purposes.

Referred to the Committee on Rules.

HR 464. By Representative Stuckey of the 67th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a right of privacy; to prohibit governmental intrusion upon a person's reasonable expectation of privacy unless such intrusion substantially advances a compelling governmental interest; and for other purposes.

Referred to the Committee on Judiciary.

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 466. By Representatives Murphy of the 18th, Buck of the 135th, Birdsong of the 123rd, Smyre of the 136th, Coleman of the 142nd and others:

1738

JOURNAL OF THE HOUSE
A RESOLUTION urging a moratorium on major airline industry mergers; and for other purposes.

Referred to the Committee on Rules.

HR 484. By Representatives Orrock of the 56th, Smith of the 12th and Allen of the 117th:
A RESOLUTION creating the Commission on Work Force Security and Enhancement in the New Georgia Economy; and for other purposes.

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 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 811 HB 812

HB 814 HB 815 HR 434 HR 435 HR 450 HR 451 HR 453 HR 454 SB 30 SB 60 SB 96 SB 118 SB 119 SB 147 SB 177 SB 186 SB 240 SR 178

MONDAY, MARCH 5, 2001

1739

Pursuant to Rule 52, Representative Bulloch of the 180th moved that the following Bill of the House be engrossed:

HB 812. By Representatives Bulloch of the 180th, Day of the 153rd, Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding computation of taxable net income; to provide for taxation of capital gains; and for other 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 130 HR 174 HR 214 HR 215 HR 223 HR 281

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

HR 327 HR 343 HR 345 HR 370 HR 392 HR 432

Do Pass Do Pass Do Pass Do Pass Do Pass 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:
Mr. Speaker:

1740

JOURNAL OF THE HOUSE

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 499 HB 527 HB 653 HB 690

Do Pass Do Pass Do Pass Do Pass

HB 743 Do Pass HB 783 Do Pass, by Substitute HB 810 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

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

Mr. Speaker:

Your Committee on State Planning and 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 64 HB 755 HB 768 HB 769 HB 770 HB 778

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

HB 779 HB 781 HB 786 HB 787 HB 788 SB 91

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, MARCH 5, 2001

MONDAY, MARCH 5, 2001

1741

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

HB 175 HB 190
HB 532 HB 558 HB 631 HB 723 HB 725
HB 734 HB 744

General Appropriations; FY 2001-2002 Commission for the Celebration of 250 Years of Representative Government in Georgia; create Student loans; suspension of professional licenses for default Sales tax; exempt certain sales; mentally retarded services Open records; exempt certain photographs of dead bodies Commission on the Holocaust; additional powers Personal purchases through Georgia Technology Authority; prohibition; exemption Inmates; certain volunteer services; provisions Power Alley Development Authority Act; 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 and Senate were taken up for consideration and read the third time:

HB 64.

By Representative Willard of the 44th:
A BILL to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, so as to redefine a certain term; to change certain provisions relating to taxes; and for other purposes.

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

1742

JOURNAL OF THE HOUSE

HB 755. By Representative Shanahan of the 10th:
A BILL to amend an Act entitled "An Act to provide for the compensation of the coroner of Gordon County," so as to change the compensation of the coroner; to provide for the appointment of two deputy coroners and for their salaries; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to provide for the compensation of the coroner of Gordon County," approved March 25, 1986 (Ga. L. 1986, p. 4718), so as to change the compensation of the coroner; to provide for the appointment of two deputy coroners and for their salaries; 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 entitled "An Act to provide for the compensation of the coroner of Gordon County," approved March 25, 1986 (Ga. L. 1986, p. 4718), is amended by striking Sections 1 and 2 and inserting in lieu thereof the following:
"SECTION 1. The coroner of Gordon County shall be compensated in the amount of $1,000.00 per month. Such compensation shall be paid from the funds of Gordon County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, and other emoluments and perquisites of whatever kind shall be paid into the county treasury at least once each month.
SECTION 2. The coroner of Gordon County may appoint two deputy coroners to serve at the pleasure of the coroner, to be replaced at his or her order; and to appoint additional deputy coroners to serve only in the event of mass fatalities. The deputy coroners for said county shall receive their compensation as provided by state law."
SECTION 2. This Act shall become effective on January 1, 2002.

MONDAY, MARCH 5, 2001

1743

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 768. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL to provide for the filling of vacancies in the office of sheriff of Cherokee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 769. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Cherokee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 770. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A BILL creating the Cherokee County Local Government and Education Study Commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1744

JOURNAL OF THE HOUSE

HB 778. By Representative Pinholster of the 15th:
A BILL to amend an Act providing a new charter for the City of Jasper in Pickens County, so as to change the corporate boundaries; and for other purposes.

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

HB 779. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Carlton; and for other purposes.

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

HB 781. By Representative Powell of the 23rd:
A BILL to provide a new charter for the City of Carnesville; and for other purposes.

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

HB 786. By Representative Skipper of the 137th:
A BILL to create a board of elections and registration for Sumter County and provide for its powers and duties; and for other purposes.

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

HB 787. By Representative Smith of the 175th:

MONDAY, MARCH 5, 2001

1745

A BILL to provide for the compensation and expenses of the members of the Board of Education of Camden County; and for other purposes.

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

HB 788. By Representative Hudson of the 156th:
A BILL to amend an Act providing that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law, so as to change the provisions relating to the period for registration of vehicles in Irwin County; and for other purposes.

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

SB 91.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Austell 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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:

E Allen

Y Cox

Y Hudson, S

Y Mueller

Y Smith, C

1746
Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin E Golick Y Graves Y Greene Y Hammontree
Hanner Harbin Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland E Holmes Houston Howard Y Hudgens Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee
McCall McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Orrock Parham
Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snelling Y Snow Y Squires Y Stallings Y Stancil Stanley Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 139, 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:

MONDAY, MARCH 5, 2001

1747

SB 40. By Senators Streat of the 19th, Hooks of the 14th, Bowen of the 13th, Kemp of the 3rd, Williams of the 6th and others:
A bill to be entitled an Act to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; to repeal conflicting laws; and for other purposes.
SB 99. By Senators Polak of the 42nd, Starr of the 44th, James of the 35th, Walker of the 22nd, Hecht of the 34th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to malt beverages, so as to provide for conditions under which kegs of malt beverages may be sold at retail; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 135. By Senators Ray of the 48th, Hecht of the 34th and Balfour of the 9th:
A bill to be entitled an Act to amend Article 2 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in misdemeanor cases, so as to change certain provisions relating to the right of a defendant to be furnished with a copy of the indictment or accusation and a list of witnesses; to provide for the right of the state to be furnished with a list of witnesses; to repeal conflicting laws; and for other purposes.
SB 150. By Senators Hamrick of the 30th, Hecht of the 34th, Cagle of the 49th, Ladd of the 41st, Guhl of the 45th and others:
A bill to be entitled an Act to amend Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, so as to increase the amount of such exemption; to provide for an effective date and applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Smith of the 25th, Price of the 56th and Jackson of the 50th:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change provisions relating to farm wineries; to change provisions relating to licensing of farm wineries and their sale of wines; to provide for designation of a Georgia Wine

1748

JOURNAL OF THE HOUSE

Trail by the Department of Community Affairs and the Georgia Department of Transportation; to repeal conflicting laws; and for other purposes.
SB 196. By Senators Golden of the 8th, Jackson of the 50th, Tanksley of the 32nd, Butler of the 55th and Polak of the 42nd:
A bill to be entitled an Act to amend numerous and various provisions of the Official Code of Georgia Annotated, relating to certain authorities, advisory boards, councils, commissions, and committees, so as to provide for the abolishment of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission, the Upper Savannah River Development Authority, the Resources Advisory Board of the Southeast River Basins, the Georgia Forest Research Council, the Georgia Hazardous Waste Management Authority, the advisory board of the Georgia Education Leadership Academy, the Environmental Education Council, the board of directors of the Georgia Education Trust, the Aquaculture Development Commission, the Council on the Deaf; to repeal conflicting laws; and for other purposes.
SB 198. By Senator Harbison of the 15th:
A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for a change in delinquent charges for installment contract or revolving account payments that are not paid within ten days from the payment due date; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 207. By Senators Hill of the 4th, Hooks of the 14th, Dean of the 31st, Marable of the 52nd, Lee of the 29th and others:
A bill to be entitled an Act to amend Code Section 16-7-21 of the O.C.G.A., relating to criminal trespass, and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for theft offenses, so as to provide for penalties for intentionally defacing, mutilating, defiling, or committing any of certain theft offenses with regard to any grave marker, monument, or memorial to one or more deceased persons who served in the military service or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof; to repeal conflicting laws; and for other purposes.
SB 214. By Senators Polak of the 42nd and Lamutt of the 21st:

MONDAY, MARCH 5, 2001

1749

A bill to be entitled an Act 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 for limited protections for the owners of data bases against unauthorized commercialization; to provide a short title; to provide for legislative purpose; to define certain terms; to provide criminal punishments and civil remedies for certain violations; to repeal conflicting laws; and for other purposes.
SB 243. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act relating to the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the jurisdiction of the court; to provide that the court shall have jurisdiction over moving and nonmoving traffic offenses as defined in general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 248. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 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 repeal a specific Act; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 305. By Representative Pinholster of the 15th:
A BILL to create a board of elections and registration for Pickens County and provide for its powers and duties; and for other purposes.
HB 306. By Representative Pinholster of the 15th:
A BILL to reconstitute the Pickens County Board of Education; and for other purposes.
HB 312. By Representatives Ehrhart of the 36th, Hines of the 38th, Wiles of the 34th, Golick of the 30th, Cooper of the 31st and others:

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A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.
HB 322. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A BILL to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to authorize certain fines and the suspension of certain services; and for other purposes.

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

SB 40.

By Senators Streat of the 19th, Hooks of the 14th, Bowen of the 13th, Kemp of the 3rd, Williams of the 6th and others:
A bill to be entitled an Act to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 99.

By Senators Polak of the 42nd, Starr of the 44th, James of the 35th, Walker of the 22nd, Hecht of the 34th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to malt beverages, so as to provide for conditions under which kegs of malt beverages may be sold at retail; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Beverages.

SB 135. By Senators Ray of the 48th, Hecht of the 34th and Balfour of the 9th:

MONDAY, MARCH 5, 2001

1751

A bill to be entitled an Act to amend Article 2 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in misdemeanor cases, so as to change certain provisions relating to the right of a defendant to be furnished with a copy of the indictment or accusation and a list of witnesses; to provide for the right of the state to be furnished with a list of witnesses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 150. By Senators Hamrick of the 30th, Hecht of the 34th, Cagle of the 49th, Ladd of the 41st, Guhl of the 45th and others:
A bill to be entitled an Act to amend Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, so as to increase the amount of such exemption; to provide for an effective date and applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 155. By Senators Smith of the 25th, Price of the 56th and Jackson of the 50th:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change provisions relating to farm wineries; to change provisions relating to licensing of farm wineries and their sale of wines; to provide for designation of a Georgia Wine Trail by the Department of Community Affairs and the Georgia Department of Transportation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Beverages.
SB 196. By Senators Golden of the 8th, Jackson of the 50th, Tanksley of the 32nd, Butler of the 55th and Polak of the 42nd:

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A bill to be entitled an Act to amend numerous and various provisions of the Official Code of Georgia Annotated, relating to certain authorities, advisory boards, councils, commissions, and committees, so as to provide for the abolishment of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission, the Upper Savannah River Development Authority, the Resources Advisory Board of the Southeast River Basins, the Georgia Forest Research Council, the Georgia Hazardous Waste Management Authority, the advisory board of the Georgia Education Leadership Academy, the Environmental Education Council, the board of directors of the Georgia Education Trust, the Aquaculture Development Commission, the Council on the Deaf; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 198. By Senator Harbison of the 15th:
A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for a change in delinquent charges for installment contract or revolving account payments that are not paid within ten days from the payment due date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 207. By Senators Hill of the 4th, Hooks of the 14th, Dean of the 31st, Marable of the 52nd, Lee of the 29th and others:
A bill to be entitled an Act to amend Code Section 16-7-21 of the O.C.G.A., relating to criminal trespass, and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for theft offenses, so as to provide for penalties for intentionally defacing, mutilating, defiling, or committing any of certain theft offenses with regard to any grave marker, monument, or memorial to one or more deceased persons who served in the military service or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 5, 2001

1753

Referred to the Committee on Special Judiciary.
SB 214. By Senators Polak of the 42nd and Lamutt of the 21st:
A bill to be entitled an Act 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 for limited protections for the owners of data bases against unauthorized commercialization; to provide a short title; to provide for legislative purpose; to define certain terms; to provide criminal punishments and civil remedies for certain violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 243. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act relating to the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the jurisdiction of the court; to provide that the court shall have jurisdiction over moving and nonmoving traffic offenses as defined in general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 248. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 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 repeal a specific Act; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 281. By Representatives Epps of the 131st, McBee of the 88th, Coleman of the 142nd, Ashe of the 46th and Heard of the 89th: A RESOLUTION recognizing the Georgia Humanities Council and Dr Jamil Zainaldin and inviting them to appear before the House of Representatives; and for other purposes.
HR 327. By Representatives McBee of the 88th, Murphy of the 18th and Stallings of the 100th: A RESOLUTION recognizing Hanna Ledford and inviting her to appear before the House of Representatives; and for other purposes.
HR 343. By Representative Bridges of the 9th: A RESOLUTION honoring Mr. Kenneth Rogers Bridges and inviting him to appear before the House of Representatives; and for other purposes.
HR 370. By Representative Smith of the 91st: A RESOLUTION congratulating the Morgan County High School Wrestling Team on its third state wrestling championship and inviting team members to appear before the House of Representatives; and for other purposes.
The Speaker Pro Tem 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:

MONDAY, MARCH 5, 2001

1755

HB 460. By Representatives Buck of the 135th, Royal of the 164th, Cummings of the 27th, Skipper of the 137th and Heard of the 89th:
A BILL to amend Code Section 48-7-29.6 of the Official Code of Georgia Annotated, relating to income tax credits for qualified low-income buildings, so as to require recapture only in the event of reduction of the qualified basis of a qualified project; to provide for a definition; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for certain tax credits with respect to qualified low-income buildings; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions regarding income tax credits for qualified low-income buildings; to provide for a definition; to change certain recapture provisions; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for certain tax credits with respect to qualified low-income buildings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Commissioner of Insurance; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking Code Section 48-7-29.6, relating to income tax credits for qualified low-income buildings, and inserting in its place a new Code Section 48-7-29.6 to read as follows:
"48-7-29.6. (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 size.

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(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 basis' means that portion of the tax basis of a qualified Georgia project eligible for the federal housing tax credit, as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended. (4)(5) '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)(1) 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 . The amount of such credit shall, when combined with the total amount of credits authorized under Code Section 33-118, in no event exceed an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.
(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 as a result of a reduction in the qualified basis of such project, 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. The tax credit under this Code section shall not be subject to recapture if such recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (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 taxpayers income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayers 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.

MONDAY, MARCH 5, 2001

1757

(c) The commissioner and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section at the end thereof, to be designated Code Section 33-1-18, to read as follows:
"33-1-18. (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 size. (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 basis' means that portion of the tax basis of a qualified Georgia project eligible for the federal housing tax credit, as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended. (5) '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)(1) A tax credit against the taxes imposed under Code Sections 33-5-31, 33-8-4, and 33-40-5, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2002. The amount of such credit shall, when combined with the total amount of credit authorized under Code Section 48-7-29.6, in no event exceed an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.
(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 as a result of a reduction in the qualified basis of such project, 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. The tax credit under this Code section shall not be subject to recapture if such

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recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (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 taxpayers income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayers 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 and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 3. This Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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:

E Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix

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

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow

Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

MONDAY, MARCH 5, 2001

Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland E Holmes
Houston Y Howard Y Hudgens Y Hudson, N

Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee
McCall Y McClinton Y McKinney
Millar Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay
Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Smith, B

1759
Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

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.

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.

The Speaker assumed the Chair.

HB 175. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 175th, Buck of the 135th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2001 and ending June 30, 2002; and for other purposes.

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The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002, 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 $14,433,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2002.

PART I. LEGISLATIVE BRANCH Section 1. General Assembly.

State Funds Personal Ser 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 and Fees - Staff Contracts - Staff

$

35,205,028

$

18,192,520

$

5,442,169

$

2,640,384

$

135,000

$

3,500

$

0

$

0

$

1,330,000

$

390,200

$

5,000

$

693,000

$

94,767

$

90,000

MONDAY, MARCH 5, 2001

1761

Per Diem and Fees - Elected Officials 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

$

House Functional Budgets

House of Representatives and Research Office $

Speaker of the House's Office

$

Clerk of the House's Office

$

Total

$

$

3,686,488

$

745,000

$

105,000

$

1,652,000

$

35,205,028

$

35,205,028

Total Funds 6,098,798 $ 1,091,582 $ 1,356,404 $
8,546,784 $

State Funds 6,098,798 1,091,582 1,356,404
8,546,784

Total Funds 13,335,074 $ 464,240 $ 1,522,392 $
15,321,706 $

State Funds 13,335,074 464,240 1,522,392
15,321,706

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

Total Funds

State Funds

$

3,576,081 $

3,576,081

$

2,528,416 $

2,528,416

$

1,161,452 $

1,161,452

$

3,663,819 $

3,663,819

$

406,770 $

406,770

Total

$

11,336,538 $

11,336,538

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

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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.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees

$

30,832,595

$

25,699,095

$

817,300

$

550,000

$

115,000

$

180,000

$

1,034,200

$

245,000

MONDAY, MARCH 5, 2001

Contracts

$

Computer Charges

$

Telecommunications

$

Total Funds Budgeted

$

State Funds Budgeted

$

PART II JUDICIAL BRANCH

Section 3. Judicial Branch.

State Funds

$

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

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 Funds 8,602,935 $
11,239,760 $ 50,662,146 $ 45,130,042 $ 1,424,347 $ 1,233,843 $ 13,909,981 $
271,476 $ 7,358,660 $ 2,500,030 $
341,982 $

1763
0 1,872,000
320,000
30,832,595
30,832,595
139,669,267 17,074,391 118,717,207
3,534,930 1,890,046
40,000 800,000 618,628
142,675,202
139,669,267
State Funds 7,382,486
11,143,760 50,662,146 43,586,137 1,424,347 1,233,843 13,764,400
271,476 7,358,660 2,500,030
341,982

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Total

$

Section 4. Department of Administrative Services.
A. Budget Unit: State Funds - Department of Administrative Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 Payments to Georgia Technology Authority Removal of Hazardous Waste
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

142,675,202 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $ $ $ $ $ $ $ $
$
$

139,669,267
45,614,461 67,763,432 14,577,636
552,141 90,504 3,400,424 2,392,912 5,888,930 428,217 45,920,626 911,092 25,110,400
0 0 0
0
84,209,325 683,484
26,939,840 496,375 35,000 48,500 75,000 500,000 0
4,000,000 100,000
284,123,838
45,614,461

MONDAY, MARCH 5, 2001

Administration

$

Support Services

$

Statewide Business

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings

$

Executive Administration

$

Customer Service

$

Georgia Technology Authority

$

Total

$

B. Budget Unit: State Funds - Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Facilities Program

$

Total Funds 4,949,101 $
28,489,681 $ 3,726,505 $
222,471,006 $ 3,993,366 $ 757,693 $ 1,746,312 $ 4,807,574 $ 3,874,882 $ 5,307,718 $ 4,000,000 $
284,123,838 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 12,329,252 $ 0$

1765
State Funds 315,691 603,560
3,697,135 28,371,422
525,236 757,693 310,615 4,503,650 2,506,041 23,418 4,000,000
45,614,461
0 20,664,301 15,468,544
13,000 200,000 90,000 322,000 15,071 261,916 117,389 650,000 4,659,339
0 0 0
42,461,560
0
State Funds 0 0

1766

JOURNAL OF THE HOUSE

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture.
A. Budget Unit: State Funds - Department of Agriculture
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

18,939,258 $ 6,344,256 $ 4,458,060 $ 390,734 $
42,461,560 $
$ $ $ $ $ $ $ $ $ $ $ $
$ $
$ $ $
$ $
$ $ $
$

0 0 0 0
0
43,524,401 34,730,355 4,358,606
1,027,928 287,963 462,082 667,341
1,132,197 406,380 33,500
1,641,241 1,143,240
3,612,106 3,233,689
250,000 30,000 525,000
945,367 0
825,000 0
40,000
0

MONDAY, MARCH 5, 2001

1767

Total Funds Budgeted

$

55,351,995

State Funds Budgeted

Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

B. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale
Total Funds Budgeted

State Funds Budgeted

Section 6. Department of Banking and Finance.

$

43,524,401

Total Funds 9,351,119 $ 17,287,970 $ 7,398,690 $ 8,313,386 $ 3,925,368 $ 8,396,923 $ 678,539 $
55,351,995 $

State Funds 8,570,119 14,155,835 3,723,690 8,126,386 3,795,668 5,152,703 0
43,524,401

$

0

$

1,192,367

$

201,000

$

12,000

$

0

$

32,000

$

9,500

$

120,000

$

8,000

$

96,500

$

125,000

$

0

$

0

$

1,796,367

$

0

1768

JOURNAL OF THE HOUSE

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted
Section 7. Department of Community Affairs.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees 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

$

11,240,582

$

9,228,626

$

472,000

$

475,103

$

125,833

$

34,347

$

309,790

$

487,056

$

94,392

$

13,435

$

0

$

11,240,582

$

11,240,582

$

46,439,061

$

21,333,057

$

2,567,813

$

672,747

$

0

$

388,544

$

1,483,253

$

1,026,781

$

517,800

$

537,439

$

515,208

$

0

$

2,204,851

$

12,929,500

$

133,355

$

42,199,340

$

190,000

MONDAY, MARCH 5, 2001

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 EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Mainstreet Program Quality Growth Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Environmental Management $

Division

Business and Financial Assistance Division $

Housing Finance Division

$

Finance Division

$

Administrative and Computer Support Division $

Georgia Music Hall of Fame Division

$

Community Services Division

$

Rural Development Division

$

Total

$

$ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $
$
$
Total Funds 19,456,356 $ 4,714,347 $
51,367,462 $ 8,338,332 $ 3,386,419 $ 2,250,653 $ 1,850,827 $ 66,253,934 $ 4,849,581 $
162,467,911 $

1769
5,000,000 3,165,581
0 617,500 3,281,250 946,081 5,000,000
0 0 1,128,125 1,250,000 50,000,000 4,678,619 0 201,067 500,000
162,467,911
46,439,061
State Funds 19,284,612 4,486,271
7,561,981 3,165,941 1,701,932
768,735 936,501 3,683,507 4,849,581
46,439,061

1770

JOURNAL OF THE HOUSE

Section 8. Department of Community Health.
A. Budget Unit: State Funds - Medicaid Services
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted
Tobacco Funds Budgeted

$ 1,393,650,683

$

23,883,283

$

32,127,423

$

6,930,000

$

410,924

$

16,000

$

80,136

$

49,269,665

$

1,393,130

$

785,081

$

1,669,771

$ 404,176,345

$ 3,919,495,107

$

1,097,500

$

64,732

$

183,244

$

764,826

$ 1,009,000,000

$

27,000

$

400,000

$

762,000

$

4,137,000

$

2,202,803

$

175,000

$

3,889,600

$

11,090,098

$

7,394,890

$

474,625

$

507,240

$

120,000

$ 5,458,644,140

$

23,883,283

MONDAY, MARCH 5, 2001

1771

State Funds Budgeted

$ 1,393,650,683

Departmental Functional Budgets
Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid Systems Management - Medicaid Office of General Counsel Office of Communications Office of Human Resources General Administration 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

Total Funds

State Funds

$

1,273,711 $

804,775

$ 3,919,495,107 $ 1,304,111,065

$

38,558,809 $

$

57,188,129 $

$

1,297,322 $

$

517,761 $

$

396,116 $

$

77,604,487 $

$

681,660 $

$

487,663 $

$ 1,314,117,295 $

$

2,079,580 $

$

30,468,458 $

$

2,590,265 $

$

3,587,134 $

$

8,300,643 $

15,014,326 12,173,016
735,582 258,881 243,611 2,759,708 533,337 451,088 34,000,000 1,899,074 30,468,458 2,590,265 3,587,134 7,903,646

$ 5,458,644,140 $ 1,417,533,966

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem and Fees Contracts Benefits
Total Funds Budgeted

$ 148,828,880

$

0

$

8,200,000

$ 360,067,504

$ 368,267,504

State Funds Budgeted

$ 148,828,880

C. Budget Unit: State Funds - PeachCare for Kids
Tobacco Funds Personal Services

$

29,519,637

$

4,575,922

$

384,792

1772

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted
Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$

5,325,376

$ 112,542,648

$ 118,686,575

$

4,575,922

$

29,519,637

$ 928,900,164

$ 588,285,977

$

69,748,373

$

2,411,046

$

1,108,304

$

4,039,899

$

6,149,439

$

7,195,052

$

8,042,038

$

56,000

$

80,692,604

$

0

$

25,066,267

$

1,300,000

$

31,250,000

$

5,450,000

$

0

$

1,093,624

$

4,568,025

$

1,627,150

MONDAY, MARCH 5, 2001

Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted Indirect DOAS Funding
State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

$ $ $
$ $
$ $
$
Total Funds 31,758,243 $ 25,155,125 $ 132,857,737 $ 70,592,151 $ 690,821,712 $
951,184,968 $

Section 10. Department of Defense.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

1773
577,160 1,450,000 109,493,066
449,944 1,131,000
951,184,968 450,000
928,900,164
State Funds 30,951,243 25,155,125 124,393,528 70,592,151 677,808,117
928,900,164
8,481,209 15,065,471 15,745,167
89,875 0
45,500 123,625 44,010 1,021,973 482,753 694,000
0
33,312,374

1774

JOURNAL OF THE HOUSE

State Funds Budgeted

$

8,481,209

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard
Total

Total Funds

$

2,466,145 $

$

6,244,672 $

$

24,601,557 $

$

33,312,374 $

State Funds 2,206,403 760,099 5,514,707
8,481,209

Section 11. State Board of Education
A. Budget Unit: State Funds - Department of Education
Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction

$ 5,705,296,514

$

30,000,000

$

39,554,188

$

8,090,684

$

1,474,925

$

21,300

$

377,592

$

1,110,653

$

506,965

$

29,311,581

$

11,405,219

$

2,355,803

$

800,452

$

0

$ 1,569,114,251

$ 1,403,256,384

$

681,132,685

$

47,801,691

$

62,306,561

$

173,702,121

$

654,246,530

$

135,013,658

$

20,132,696

$

44,653,187

MONDAY, MARCH 5, 2001
Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants 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 Drug Free School (Federal) School Lunch (State) Mentoring Program - Middle School Charter Schools Emergency Immigrant Education Program

1775

$

40,560,765

$

149,042,453

$

862,318,791

$

175,076,220

$ (1,004,314,160)

$

0

$

0

$

253,458,512

$

6,548,910

$

852,291

$

500,000

$

4,340,000

$

51,125,896

$

27,650,639

$

293,520

$

236,086,129

$

4,025,312

$

133,835,313

$

5,508,750

$

1,900,000

$

756,500

$

188,375,722

$

267,333

$

961,413

$

8,000,000

$

1,689,931

$

21,084,506

$

1,250,000

$

145,000

$

1,608,000

$

1,042,976

$

11,625,943

$

36,293,488

$

500,000

$

7,236,638

$

3,261,446

1776

JOURNAL OF THE HOUSE

Title VI State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Alternative Programs Extended Day Middle School Grants For School Nurses Reading Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

$

57,092,685

$

25,793,090

$

107,826,070

$

1,690,215

$

7,466,425

$

274,395

$

11,526,298

$

64,141,501

$

3,837,298

$

4,046,930

$

2,077,344

$

1,087,500

$

6,018,289

$

350,000

$

559,847

$

0

$

5,967,000

$

115,000

$

3,500,000

$

30,000,000

$

34,460,185

$

5,637,550

$

4,135,763

$

11,000,000

$

1,682,839

$

1,512,500

$

1,000,000

$

2,000,000

$ 6,514,076,087

$

0

$

30,000,000

$ 5,705,296,514

Total Funds 13,604,103 $ 25,961,830 $ 1,412,777 $

State Funds 10,926,260 12,750,493 1,335,188

MONDAY, MARCH 5, 2001

1777

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

$

10,935,473 $

5,462,006

$

9,261,011 $

503,432

$

15,867,640 $

13,446,134

$ 6,419,416,725 $ 5,674,671,730

$

5,919,872 $

5,380,473

$

5,338,618 $

4,975,181

$

6,358,038 $

5,845,617

$ 6,514,076,087 $ 5,735,296,514

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 Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

38,223,350

$

35,723,350

$

0

$

0

$

0

$

2,500,000

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

38,223,350

$

38,223,350

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

$

1,291,677

$

230,349,482

$

2,302,564

$

5,215,957

$

3,680,824

$

180,283

$

203,800

$

0

$

11,528

$

130,500

1778

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Nutrition Grants Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted
Section 13. Forestry Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

10,000

$

1,076,947

$

300,693

$

31,724

$

0

$

0

$

129,817,711

$

134,500

$

373,446,513

$

237,868,003

$

1,291,677

$

0

$

2,714,643

$

488,800

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

355,000

$

1,452,000

$

0

$

6,749,343

$

0

$

38,104,974

$

30,802,457

$

6,752,190

$

182,397

$

1,298,666

MONDAY, MARCH 5, 2001

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

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
Reforestation Field Services General Administration and Support
Total

Total Funds

$

2,283,800 $

$

37,018,988 $

$

4,284,030 $

$

43,586,818 $

Section 14. Georgia Bureau of Investigation.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Evidence Purchased

$

Capital Outlay

$

1779
2,114,831 357,000 9,120
1,003,891 11,150 966,616 60,000 28,500 0 0
43,586,818
38,104,974
State Funds 0
33,989,099 4,115,875
38,104,974
64,547,212 48,148,808 7,022,919
536,879 1,211,418 1,142,375
601,960 418,425 1,084,319 519,641 3,436,801 423,667
0

1780

JOURNAL OF THE HOUSE

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences
Total

Total Funds

$

5,302,873 $

$

28,959,154 $

$

10,494,297 $

$

19,790,888 $

$

64,547,212 $

Section 15. Office of the Governor.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

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

$

64,547,212
64,547,212
State Funds 5,302,873
28,959,154 10,494,297 19,790,888
64,547,212
46,276,797 22,647,483 1,897,907
447,135 0
306,067 517,916 1,287,595 659,521 2,687,939 7,545,301 4,681,031 40,000 3,815,000 358,595 4,147,581 274,194 289,100
0 250,000 1,687,100 1,500,000 684,400

MONDAY, MARCH 5, 2001

1781

Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency
Total Funds Budgeted
State Funds Budgeted

$

1,085,000

$

0

$

57,000

$

27,783,371

$

111,930

$

0

$

84,761,166

$

46,276,797

Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability
Total

Total Funds

$

8,894,626 $

$

1,184,539 $

$

11,820,902 $

$

5,622,214 $

$

5,123,426 $

$

383,253 $

$

31,610,674 $

$

2,544,655 $

$

605,304 $

$

7,719,051 $

$

6,537,278 $

$

2,715,244 $

$

84,761,166 $

State Funds 8,894,626 881,568 11,820,902 4,954,369 4,925,426 383,253 399,418 634,655 605,304 7,607,121 2,454,911 2,715,244
46,276,797

Section 16. Department of Human Resources.
State Funds
Tobacco Funds 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 1,264,019,424

$

49,747,322

$ 112,580,571

$

5,139,797

$

2,410,747

$

0

1782

JOURNAL OF THE HOUSE

Equipment

$

Real Estate Rentals

$

Per Diem and Fees

$

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Commissioner's Office Office of Planning and Budget Services Office of Adoptions Children's Community Based Initiative Office of Child Support Enforcement Human Resources and Organization Development Technology and Support Computer Services Facilities Management Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Office of Financial Services Office of Audits

Total Funds

$

1,142,981 $

$

4,214,102 $

$

12,678,246 $

$

11,935,485 $

$

70,890,663 $

$

1,393,788 $

$

30,041,326 $

$

75,284,675 $

$

6,421,273 $

$

711,443 $

$

3,439,926 $

$

11,901,414 $

$

6,857,621 $

$

10,356,231 $

$

2,888,053 $

474,311 8,685,087 4,968,294 32,855,013 59,904,439 16,672,750
0 0 88,426,333 163,451 2,222,936 44,843,400 0 0
379,347,129 3,982,840 8,292,056
183,165,229
State Funds 1,142,981 4,214,102 6,681,382 10,235,485
14,660,736 1,393,788
29,698,927 53,500
4,674,638 701,443
3,413,357 5,803,980 2,285,185 5,976,598 2,888,053

MONDAY, MARCH 5, 2001

Human Resource Management

$

Transportation Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Total

$

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees 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

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

6,776,587 $ 12,874,684 $
(613,833) $ 1,327,985 $ 107,228,113 $ 1,596,366 $
379,347,129 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 13,300,835 $ 1,427,294 $ 2,799,906 $ 2,045,016 $ 7,419,426 $

1783
6,776,587 3,129,910 (15,495,516) 1,327,985 66,379,830
18,871
191,457,285
53,912,017 76,654,962
1,011,066 0
195,367 1,509,862
887,404 18,033,694
0 1,172,442 2,174,000 27,377,591 159,765,019
0 190,927 9,808,722
352,693,073 324,160
35,626,826
171,075,388
State Funds 12,873,900 1,213,463 2,474,731 932,404 6,652,607

1784

JOURNAL OF THE HOUSE

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Smoking Prevention and Cessation

$

Injury Control

$

Public Health - Division Indirect Cost

$

Total

$

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

7,327,265 $ 3,199,444 $ 11,630,388 $ 84,646,423 $ 71,683,218 $ 13,204,071 $ 4,084,208 $
535,332 $ 2,565,574 $ 1,634,500 $ 5,915,652 $ 1,893,054 $
817,181 $ 2,860,233 $ 1,823,379 $
164,099 $ 17,227,062 $ 2,832,242 $
2,074,381 $ 650,248 $
2,043,966 $ 8,229,132 $
204,023 $ 20,857,529 $ 10,713,458 $ 12,554,310 $
114,884 $ 12,909,075 $ 20,509,390 $
796,875 $ 0$
352,693,073 $
$ $ $ $ $

7,327,265 1,029,303 5,989,940
0 68,750,006 6,374,759
2,640,860 434,104
2,073,342 0
4,399,523 1,043,284
606,972 1,209,458 1,823,379
164,099 14,320,812 2,554,402
1,806,046 650,248
1,512,491 7,959,132
204,023 14,143,990
2,640,380 2,954,775
97,387 10,406,401 20,509,390
654,237 (1,724,899)
206,702,214
18,737,042 3,376,115 1,145,119
0 223,397

MONDAY, MARCH 5, 2001

Real Estate Rentals Per Diem and Fees 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

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

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

$ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 1,148,179 $ 7,357,077 $ 4,749,665 $ 4,185,647 $ 14,114,741 $ 2,600,264 $ 2,795,687 $ 3,829,761 $ 58,419,890 $
114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $
125,689,598 $ 124,013,099 $
3,190,752 $ 9,153,019 $
75,423,629 $

1785
526,189 5,695,627 6,963,465
0 787,444 7,286,060 124,425,510 7,175,433 399,664,519 31,180,287 2,401,505 356,157,398
965,745,110 0
3,341,218
399,519,524
State Funds 1,148,179 6,114,734 2,763,836 4,185,647 1,938,258 2,600,264 1,789,896 3,829,761 35,626,886 48,247,444 1,122,012 0 0 60,724,141 43,098,519 0 3,033,865
31,330,754

1786

JOURNAL OF THE HOUSE

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

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

4. 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

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

Georgia Regional Hospital at Atlanta

$

Central State Hospital

$

27,314,438 $
0$
45,822,040 $ 4,961,038 $ 46,689,294 $ 21,217,669 $ 7,849,656 $ 44,089,254 $ 15,248,598 $ 179,320,622 $ 3,999,923 $ 7,286,060 $
0$
965,745,110 $

10,688,909
0
16,111,742 2,769,531 26,512,092 12,301,842 3,971,061 23,167,317 8,243,862 51,686,937 3,959,923 7,286,060 (11,392,730)
402,860,742

$ 289,156,465

$

59,378,526

$

200,000

$

9,483,000

$

1,991,161

$ 431,881,861

$ 792,091,013

$

1,313,100

$

2,487,222

$ 510,259,283

Total Funds 30,432,859 $ 17,133,676 $ 28,471,974 $ 40,600,154 $ 119,701,194 $

State Funds 17,743,925 15,446,982 18,936,062 30,905,509 69,132,715

MONDAY, MARCH 5, 2001

1787

Georgia Regional Hospital at Savannah

$

Gracewood State School and Hospital

$

West Central Regional Hospital

$

Outdoor Therapeutic Programs

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

Program Direction and Support

$

Regional Offices

$

Total

$

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees 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

17,855,372 $ 53,273,604 $ 20,051,952 $
4,189,108 $ 194,047,783 $ 143,234,649 $ 97,509,650 $ 15,234,696 $ 10,354,342 $
792,091,013 $

17,029,684 22,314,270 17,974,510
2,248,418 157,488,381
83,170,158 46,160,482 7,921,446 6,273,963
512,746,505

$ 474,386,095

$

85,170,874

$

4,566,932

$

200,000

$

893,075

$

10,721,138

$

11,551,325

$

57,852,172

$

59,904,439

$

18,632,636

$

59,378,526

$ 431,881,861

$

0

$

7,286,060

$ 124,425,510

$

9,349,433

$ 399,664,519

$ 146,984,211

$ 159,765,019

$

2,154,612

$

9,483,000

$

4,815,368

$

44,843,400

$ 356,157,398

$

9,808,722

$ 2,489,876,325

1788

JOURNAL OF THE HOUSE
Indirect DOAS Services Funding Tobacco Funds Budgeted

State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism.
State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 One Georgia Fund
Total Funds Budgeted Tobacco Funds Budgeted

$

5,620,100

$

49,747,322

$ 1,264,019,424

$

29,627,740

$

34,131,677

$

12,658,143

$

1,265,191

$

593,806

$

20,000

$

74,597

$

391,336

$

825,323

$

442,215

$

162,700

$

1,344,276

$

250,600

$

11,549,553

$

0

$

0

$

50,000

$

0

$

0

$

34,131,677

$

63,759,417

$

34,131,677

State Funds Budgeted

$

Departmental Functional Budgets Administration

Total Funds

$

50,111,474 $

29,627,740
State Funds 50,111,474

MONDAY, MARCH 5, 2001

Economic Development Trade Tourism
Total

$

6,313,677 $

$

3,039,002 $

$

4,295,264 $

$

63,759,417 $

Section 18. Department of Insurance.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Health Care Utilization Review

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund
Total

Total Funds

$

5,163,464 $

$

5,890,672 $

$

547,144 $

$

5,500,900 $

$

651,665 $

$

17,753,845 $

Section 19. Department of Juvenile Justice.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

1789
6,313,677 3,039,002 4,295,264
63,759,417
15,969,359 15,271,746
700,784 463,030 118,784
30,400 110,968 560,884 405,207 92,042
0 0
17,753,845
15,969,359
State Funds 5,163,464 5,890,672 547,144 3,716,414 651,665
15,969,359
276,191,818 158,616,449 14,501,995

1790

JOURNAL OF THE HOUSE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

Regional Youth Development Centers

$

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 67,561,311 $ 69,167,845 $ 43,550,703 $ 33,738,829 $ 612,777 $ 1,247,893 $ 47,115,436 $ 2,498,801 $ 804,033 $ 4,281,681 $ 18,170,065 $ 3,117,873 $
291,867,247 $

2,678,610 215,273
1,131,829 3,060,748 2,928,179 2,098,273 3,141,209 2,882,340 3,142,494
655,000 0
96,814,848 0 0 0
291,867,247
276,191,818
State Funds 66,057,351 67,225,990 42,458,806 29,234,022 612,777 1,247,893 40,593,124 2,498,801 804,033 4,191,681 18,149,467 3,117,873
276,191,818

MONDAY, MARCH 5, 2001

1791

A. Budget Unit: State Funds - Department of Labor
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay
Total Funds Budgeted
State Funds Budgeted
B. Budget Unit: State Funds - Division Of Rehabilitation Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction

$

16,196,078

$

89,976,418

$

6,983,358

$

1,467,923

$

0

$

513,655

$

2,610,085

$

2,704,778

$

2,032,660

$

54,500,000

$

2,867,761

$

1,655,312

$

0

$

1,287,478

$

0

$ 166,599,428

$

16,196,078

$

29,218,416

$

88,882,255

$

13,850,977

$

1,814,584

$

50,582

$

1,024,559

$

5,370,911

$

7,130,026

$

4,514,327

$

2,573,235

$

3,138,419

$

41,304,191

$

1,035,245

$

12,874,651

$

255,000

1792

JOURNAL OF THE HOUSE

Utilities Postage
Total Funds Budgeted Indirect DOAS Services Funding

$

631,385

$

0

$ 184,450,347

$

100,000

State Funds Budgeted

Departmental Functional Budgets

Vocational Rehabilitation Services

$

Independent Living

$

Employability Services

$

Community Facilities

$

Program Direction and Support

$

Grants Management

$

Disability Adjudication

$

Georgia Industries for the Blind

$

Roosevelt Warm Springs Institute

$

Total

$

Section 21. Department of Law.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library
Total Funds Budgeted

$

29,218,416

Total Funds 73,090,090 $ 948,949 $ 511,903 $ 11,121,695 $ 2,679,006 $ 1,253,540 $ 54,003,943 $ 11,880,925 $ 28,960,296 $
184,450,347 $

State Funds 14,604,728 433,969 511,903 3,501,205 1,244,465 1,253,540 0 781,550 6,887,056
29,218,416

$

15,708,839

$

15,035,740

$

757,474

$

199,322

$

0

$

14,375

$

318,202

$

837,469

$

196,787

$

19,500,000

$

0

$

157,000

$

37,016,369

MONDAY, MARCH 5, 2001
State Funds Budgeted
Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation
State Funds Budgeted
Section 23. Department of Natural Resources.
A. Budget Unit: State Funds - Department of Natural Resources
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications

1793

$

15,708,839

$

0

$

8,186,738

$

1,030,568

$

107,263

$

0

$

602,758

$

394,850

$

844,740

$

1,883,665

$

184,400

$

13,234,982

$

0

$

1,438,553

$

11,090,988

$

705,441

$

0

$ 151,053,449

$

89,243,783

$

15,195,355

$

816,083

$

1,488,238

$

1,848,982

$

3,211,208

$

2,849,782

$

8,674,216

$

1,064,418

$

1,471,630

1794

JOURNAL OF THE HOUSE

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 Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County Georgia Regional Transportation Authority Community Green Space Grants
Total Funds Budgeted

$

0

$

675,000

$

1,333,056

$

1,750,176

$

2,836,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

500,000

$

0

$

0

$

0

$

0

$

170,047

$

313,426

$

300,000

$

0

$

66,000

$

7,595,077

$

6,132,574

$

0

$

2,116,185

$

100,000

$

31,000

$

24,000

$

0

$

30,000,000

$ 184,057,229

MONDAY, MARCH 5, 2001

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
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance
Total

Total Funds

$

34,791,053 $

$

6,987,630 $

$

3,344,407 $

$

41,427,151 $

$

2,621,702 $

$

39,245,759 $

$

54,873,191 $

$

766,336 $

$

184,057,229 $

B. Budget Unit: State Funds - Georgia

Agricultural Exposition

Authority

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

1795
840,190
0
1,331,931 1,434,982
200,000
151,053,449
State Funds 34,776,053 6,987,630 2,854,407 24,622,642 2,450,840 33,933,788 44,661,753 766,336
151,053,449
0 3,429,466 2,302,817
25,000 0
95,000 15,000
0 80,000 121,000 754,000
0

1796

JOURNAL OF THE HOUSE

Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets
Georgia Agricultural Exposition Authority $
Section 24. State Board of Pardons and Parole.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted
State Funds Budgeted
Section 25. Department of Public Safety.
A. Budget Unit: State Funds - Department of Public Safety
1. Operations Budget: Personal Services Regular Operating Expenses

$

6,822,283

$

0

Total Funds 6,822,283 $

State Funds 0

$

51,496,360

$

41,292,999

$

1,594,825

$

531,800

$

247,086

$

301,500

$

591,200

$

3,027,867

$

1,065,600

$

523,304

$

1,639,679

$

660,500

$

20,000

$

51,496,360

$

51,496,360

$ 118,402,327

$

71,191,696

$

10,304,201

MONDAY, MARCH 5, 2001

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted
2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

1797
246,939 5,593,750
921,115 3,159,710
28,962 2,832,804
567,500 511,800 145,100
0 5,000
95,508,577 1,650,000
93,858,577
19,891,288 1,112,113
20,000 0
62,343 0
52,920 273,300 31,500 27,500
0 303,651 34,900 2,734,234
24,543,749 0
24,543,749
State Funds

1798
Administration Driver Services Field Operations
Total

JOURNAL OF THE HOUSE

$

24,343,462 $

$

24,543,749 $

$

71,165,115 $

$ 120,052,327 $

22,843,462 24,543,749 71,015,115
118,402,327

B. Budget Unit: State Funds - 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 and Fees 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 Firefighters Standards and Training $

Council

Georgia Public Safety Training Facility

$

Total

$

$
$ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 3,564,451 $ 1,613,580 $ 1,226,452 $ 1,440,614 $ 503,429 $
11,621,222 $
19,969,749 $

15,743,944
10,027,362 2,657,657
111,389 45,000 146,880 232,841 323,927 322,363 66,850 270,712 2,425,200 3,189,568 150,000
19,969,749
15,743,944
State Funds 612,646
1,613,580 1,136,452 1,330,614
503,429
10,547,222
15,743,944

MONDAY, MARCH 5, 2001

1799

Section 26. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions

$

13,499,104

$

625,000

$

12,874,104

Total Funds Budgeted

State Funds Budgeted

Section 27. Public Service Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University

$

13,499,104

$

13,499,104

$

10,440,575

$

9,389,311

$

623,956

$

272,938

$

111,888

$

63,760

$

395,086

$

525,388

$

227,372

$

1,301,182

$

300,000

$

13,210,881

$

10,440,575

Total Funds 3,067,932 $ 4,294,636 $ 5,848,313 $
13,210,881 $

State Funds 3,067,932 1,797,641 5,575,002
10,440,575

1800

JOURNAL OF THE HOUSE

System of Georgia.
A. Budget Unit: State Funds - Resident Instruction
Tobacco Funds 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 Tobacco Funds Budgeted
State Funds Budgeted
C. Budget Unit: State Funds - 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

$ 1,457,128,985

$

6,661,821

$ 1,602,198,960 $ 256,440,564

$ 405,812,358

$ 740,373,595

$

30,764,997

$

1,721,241

$

371,334

$

1,015,871

$

33,248,765

$

800,000

$ 3,072,747,685

$ 116,021,107

$ 996,814,158

$ 493,082,114

$

3,039,500

$

6,661,821

$ 1,457,128,985

$ 224,480,878

$ 132,241,045

$

65,746,167

$

92,877,806

$ 225,355,657

$

2,898,867

$

22,100,289

MONDAY, MARCH 5, 2001

Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

Regents Central Office and Other Organized Activities

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

$

Public Libraries

$

$ $ $ $ $ $ $
$
$ $
$ $ $ $ $
$
Total Funds 2,594,682 $ 5,220,334 $ 1,890,597 $
111,988,545 $
22,100,289 $ 75,619,636 $ 62,028,798 $ 231,254,071 $
3,789,084 $ 5,437,484 $ 3,625,810 $ 3,353,970 $ 32,411,014 $ 36,452,551 $

1801
0 0 5,802,423 928,525 600,000 1,434,350 0
21,035,901
33,244,408 0
604,265,438 7,633,100
301,016,038 70,591,922
543,500
224,480,878
State Funds 1,724,935 1,869,214 1,122,964 9,888,721
9,493,289 47,449,409 38,972,063 36,839,795
3,789,084 585,323 0 0
32,304,165 33,943,343

1802 State Data Center Total

JOURNAL OF THE HOUSE

$

6,498,573 $

$

604,265,438 $

6,498,573 224,480,878

D. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

$

0

$

15,259,235

$

14,875,994

$

4,040,278

$

2,784,685

$

36,960,192

$

36,960,192

$

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 Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue.
State Funds Personal Services

$

8,966,000

$

0

$

0

$

1,500,000

$

7,466,000

$

0

$

0

$

0

$

0

$

8,966,000

$

8,966,000

$ 358,643,404

$

68,237,143

MONDAY, MARCH 5, 2001

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

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

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 24,687,618 $ 4,501,344 $ 11,366,330 $ 26,402,744 $ 8,366,192 $ 19,861,137 $ 253,069,620 $ 6,037,729 $ 20,000 $ 6,757,326 $ 2,951,819 $
364,021,859 $

Section 30. Secretary of State.

1803
5,746,444 1,166,361
151,411 414,964 11,572,912 7,627,808 3,174,098 259,730 1,604,600 4,272,795
0 2,404,350 3,486,575 4,902,668 249,000,000
364,021,859 3,845,000
358,643,404
State Funds 24,687,618 4,351,344 10,351,130 26,262,744 8,066,192 18,561,137 251,536,165 5,937,729 20,000 5,917,526 2,951,819
358,643,404

1804

JOURNAL OF THE HOUSE

A. Budget Unit: State Funds - Secretary of State
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay

$

31,238,090

$

19,004,395

$

3,000,386

$

235,150

$

166,455

$

81,111

$

3,218,735

$

3,744,758

$

865,474

$

560,721

$

765,005

$

640,900

$

0

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Capitol Education Center

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Total

$

E. Budget Unit: State Funds - Real Estate Commission
Personal Services

$

32,283,090

$

31,238,090

Total Funds 7,354,896 $ 3,535,641 $ 216,481 $ 2,166,825 $ 2,073,918 $ 4,707,428 $ 1,466,180 $ 539,075 $ 9,927,226 $ 295,420 $
32,283,090 $

State Funds 7,324,896 3,460,641 216,481 1,446,825 2,023,918 4,687,428 1,466,180 539,075 9,777,226 295,420
31,238,090

$

2,347,683

$

1,444,338

MONDAY, MARCH 5, 2001

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Real Estate Commission

$

$ $ $ $ $ $ $ $ $
$
$
State Funds
2,347,683 $

Section 31. Soil and Water Conservation Commission.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

County Conservation Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

1805
175,000 37,000 34,000 10,000 262,345 171,000 86,000 0 128,000
2,347,683
2,347,683
Cost of Operations
2,387,683
2,663,487 1,741,300
275,843 45,030 33,400 18,473 15,953 133,400 35,115 144,378 775,000 86,000
3,303,892
2,663,487

1806

JOURNAL OF THE HOUSE

Section 32. Student Finance Commission.
A. Budget Unit: State Funds - Student Finance Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 LEAP Program Governor's Scholarship Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$

40,372,370

$

555,000

$

26,815

$

19,000

$

0

$

6,300

$

20,233

$

52,615

$

12,091

$

7,000

$

39,706

$

0

$

5,019,455

$

28,871,650

$

0

$

70,300

$

362,080

$

41,226

$

40,000

$

521,220

$

0

$

0

$

1,013,712

$

3,693,967

$

40,372,370

$

40,372,370

Total Funds 39,633,610 $
738,760 $
40,372,370 $

State Funds 39,633,610
738,760
40,372,370

MONDAY, MARCH 5, 2001

1807

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 Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted
Section 33. Teachers' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

$ 264,942,647

$ 148,358,652

$

35,050,600

$

40,034,731

$

0

$

33,611,070

$

663,960

$

238,968

$

3,500,000

$

1,792,000

$

932,666

$

760,000

$ 264,942,647

$ 264,942,647

$

3,090,000

$

8,386,451

$

489,044

$

20,500

$

0

$

15,000

$

1,100,409

$

622,335

$

359,698

$

425,000

$

0

$

0

$

2,950,000

$

140,000

$

0

$

14,508,437

$

3,090,000

1808

JOURNAL OF THE HOUSE

Section 34. Department of Technical and Adult Education.
A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications 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

Administration

$

Institutional Programs

$

Total

$

$ 268,105,134

$

6,322,945

$

413,890

$

132,000

$

0

$

57,741

$

550,846

$

162,389

$

229,876

$

836,328

$

115,980

$

6,016,543

$ 223,300,160

$

63,185,545

$

6,483,352

$

19,953,060

$

3,715,278

$

12,376,318

$ 343,852,251

$ 268,105,134

Total Funds 8,821,995 $
335,030,256 $
343,852,251 $

State Funds 6,762,207
261,342,927
268,105,134

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite DishesAdult Literacy

$

0

$

0

MONDAY, MARCH 5, 2001

Capital Outlay

$

Capital Outlay - Technical Institute Satellite

$

Facilities

Equipment-Technical Institutes

$

Repairs and Renovations - Technical Institutes

$

Total Funds Budgeted

$

1809
0 0
0 0
0

Lottery Funds Budgeted

$

0

Section 35. Department of Transportation.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

$ 644,452,178

$ 281,418,750

$

65,614,319

$

2,250,246

$

2,000,000

$

8,607,065

$

12,746,546

$

1,765,434

$

5,890,901

$

87,120,247

$

17,832,611

$ 1,033,301,883

$

3,798,827

$

13,530,481

$

710,855

$

575,391

$ 1,537,163,556

State Funds Budgeted

$ 644,452,178

Departmental Functional Budgets
Motor Fuel Tax Budget Planning and Construction

Total Funds $ 1,228,033,670 $

State Funds 367,512,916

1810

JOURNAL OF THE HOUSE

Maintenance and Betterments

$

Facilities and Equipment

$

Administration

$

Total

$

General Funds Budget

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities $

Total

$

Section 36. Department of Veterans Service.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

234,662,969 $ 19,606,694 $ 26,876,226 $
1,509,179,559 $
1,000,000 $ 0$ 0$
4,791,703 $ 21,481,439 $
710,855 $
27,983,997 $
$ $ $ $ $ $ $ $ $ $ $
$ $ $
$
$
$

217,639,914 18,874,694 25,972,476
630,000,000
1,000,000 0 0
4,147,033 8,594,290
710,855
14,452,178
23,008,891 5,775,160
297,803 109,000
0 163,057 27,080 224,911
83,660 24,500 17,786,000
7,995,344 0 0
436,000
32,922,515
23,008,891

MONDAY, MARCH 5, 2001

Departmental Functional Budgets
Veterans Assistance Education and Training Veterans Nursing Home-Augusta
Total

Total Funds

$

24,880,842 $

$

0$

$

8,041,673 $

$

32,922,515 $

Section 37. Workers' Compensation Board.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

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

1811
State Funds 17,852,762 0 5,156,129
23,008,891
12,221,468 10,023,851
437,115 140,600
0 9,288 261,976 1,299,338 200,000 109,300
0 0
12,481,468
12,221,468
580,920,721 0
580,920,721

1812

JOURNAL OF THE HOUSE

State General Funds (New) Motor Fuel Tax Funds (New)

$

0

$

0

$

0

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 Services.

It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2001 of all vehicles purchased or newly leased during Fiscal

MONDAY, MARCH 5, 2001

1813

Year 2001.

Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41.

Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

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.

Recipient City of Pelham
Mitchell County

Description Purchase mechanical equipment for sanitary sewer maintenance for the City of Pelham Establish Smart Moves Program for the Mitchell County Boys and Girls Club

Amount $ 25,000 $ 12,000

1814

JOURNAL OF THE HOUSE

Chatham County Construction of a kitchen for the Meals on Wheels Program in Chatham County

$

City of Camilla Renovation of old gymnasium in the City of Camilla

$

City of Baconton Purchase playground equipment and park benches for the City of Baconton

$

City of Funston Purchase recreational equipment for park in City of Funston $

20,000 30,000 10,000 10,000

Mitchell County

Purchase equipment for seven volunteer fire departments in Mitchell County

$

City of Pelham Purchase equipment needed for staff and curriculum

Board of

development for schools in the City of Pelham

$

Education

City of Doerun Renovations to local police department for the City of Doerun

$

City of Sale City Purchase recreation equipment for the City of Sale City

$

Ben Hill County Purchase of firefighter's gear, uniforms and oxygen gear for the Ben Hill Volunteer Fire Department

$

City of Atlanta

Contract with Southeast Atlanta YMCA to renovate after school remedial and tutorial programs in the City of Atlanta

$

Wilcox County Construct a veterans' memorial in Wilcox County

$

Irwin County Enhance the Irwin County 4-H and FFA programs

Board of

$

Education

Irwin County Construct a veterans' memorial in Irwin County

$

City of Fitzgerald

Install lights at football stadium in the City of Fitzgerald

$

Coffee County Repair awnings and sidewalks to mobile units at elementary

Board of

schools in Coffee County

$

Education

City of

Repair lighting and fences,construct softball field and

Willacoochee purchase fire equipment for the City of Willacoochee

$

City of Pearson Downtown Beautification and equipment for street department in the City of Pearson

$

City of Social Restoration of the interior of Gunter-Hall in the City of

Circle

Social Circle

$

Clayton County Contract for services with the Calvary Refuge Center shelter for the homeless in Clayton County

$

Atkinson County Purchase athletic equipment, band instruments and

Board of

playground equipment for Atkinson County High School $

Education

and Pearson Elementary School

Coffee County Construct a fire station in the Wilsonville Fire District in Coffee County

$

21,000
15,000
10,000 9,000
10,000 20,000 10,000 10,000 10,000 20,000
7,000
5,000 5,000 5,000 20,000
7,000
5,000

MONDAY, MARCH 5, 2001

1815

Wilcox County

Purchase 1989 fire truck for Cedar Creek Fire Department in Wilcox County

$

10,000

Irwin County Purchase transportation for Irwin County 4H Club

$ 5,000

Clayton County Construct a directors tower and install a fence on practice

Board of

field at Lovejoy High School in Clayton County

$ 10,000

Education

Atkinson County Purchase a new fire truck for Atkinson County Fire Protection

$ 5,000

Houston County Purchase furnishings for new Houston County Health Department Building

$ 50,000

Clayton County

Contract for services with Rainbow House, Inc. to create an advocacy center for abused children in Clayton County

$

25,000

Baldwin County Technology upgrade for Baldwin County

$ 20,000

Floyd County Transportation and materials for remedial after school

Board of

program at Armuchee Middle School in Floyd County

$ 15,000

Education

Chattooga County

Replace wiring and lighting in Chattooga County Court House

$ 10,000

Laurens County Purchase band uniforms and equipment for West Laurens

Board of

County High School

$ 5,000

Education

Laurens County Purchase band uniforms and equipment for East Laurens

Board of

County High School

$ 5,000

Education

City of Shellman Honor veterans of all wars through flag displays at graves and monuments in Randolph County

$

2,000

DeKalb County

Contract with Project New Directions, Inc. to provide child abuse awareness program in DeKalb County

$

2,000

DeKalb County Contract for services with Scottdale L.I.F.E. Program

(Leading Individuals To Fitness & Exercise) to provide

$ 5,000

awareness campaign in DeKalb County

DeKalb County Contract for services with Scottdale Child Development

and Family Resource Center, Inc. to provide early

$ 3,000

childhood development program in DeKalb County

Houston County Purchase of new furniture for Houston County Library

$ 50,000

Tift County

Facility for Junior livestock programs in Tift County

$ 15,000

Houston County Operation of Collaborative Learning Network in Houston

Board of

County

$ 50,000

Education

City of Perry

Land acquisition and improvements to property for Perry Downtown Development Authority

$ 150,000

Georgia

Purchase equipment and program enhancements for the

$ 10,000

1816

JOURNAL OF THE HOUSE

Mountains

Happy Horse Farm in the City of Lula

Regional

Development

Authority

Gainesville City Purchase lights for football practice field and track around

Board of

the field at Gainesville High School

$

Education

Effingham

Replace cover on gym floor at South Effingham Middle

County Board School

$

of Education

City of Guyton Purchase Public Works Utility Truck for City of Guyton $

Gwinnett County Lighting and other softball field improvements at Central

Board of

Gwinnett High School

$

Education

Augusta/

Contract with Augusta Players to provide Artreach Theater

Richmond

Program in Richmond County

$

County

DeKalb County Repair and purchase new band uniforms and instruments

Board of

for Southwest DeKalb High School and complimenting

$

Education

programs for PTA

City of

Construction of portrait gallery in Georgia's Antebellum

Milledgeville Capitol Museum in the City of Milledgeville

$

DeKalb County Repair and purchase new band uniforms and instruments

Board of

for Columbia High School and complimenting programs for $

Education

PTA in DeKalb County

DeKalb County Repair and purchase new band uniforms and instruments

Board of

for Towers High School and complimenting programs for $

Education

PTA in DeKalb County

City of Macon

Implement an After-School Tennis and Tutorial Program at Middle Georgia Tennis Academy Inc in the City of Macon

$

City of Savannah Contract with Chatham Savannah Youth Services Corps. to support Savannah Impact Program

$

City of Savannah Contract with Gamma Sigma Omega of Alpha Kappa

Alpha to provide a life skills community program for the $

City of Savannah

Americus/

Construct two football/soccer fields at current recreational

Sumter

complex in Sumter County

Parks &

$

Recreational

Authority

DeKalb County Programs complimenting PTA programs at Atherton,

Board of

Canby Lane and Glen Haven Elementary Schools in

$

40,000 10,000 10,000 25,000 25,000
5,000 20,000
5,000 5,000 20,000 20,000 4,000
61,000
3,000

MONDAY, MARCH 5, 2001

1817

Education

DeKalb County

DeKalb County Programs complimenting PTA programs at Peachcrest,

Board of

Rainbow, Rowland Elementary Schools in DeKalb County $

Education

DeKalb County Programs complimenting PTA programs at Snapfinger

Board of

Elementary and Woodridge Elementary Schools in DeKalb $

Education

County

Glynn County Install Tuflex flooring in the Glynn Academy weight room

Board of

in Glynn County

$

Education

City of Darien

ESGP Homeless Supportive Housing Operations in the City of Darien

$

City of Fayetteville

Purchase of a thermal imaging camera for the Fayetteville Fire Department

$

Irwin County

Construct little league ballfield, bathroom and concession stand for Irwin County

$

DeKalb County

Neighborhood improvement and beautification projects for four DeKalb County communities

$

Chatham County Purchase chemical/biological protective equipment and self

contained breathing apparatus for the Chatham County

$

Police Department

City of Screven

Furnish fire station and equipment with emergency vehicle in the City of Screven

$

City of Marietta Construction of an indoor batting facility at Marietta High

Board of

School

$

Education

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

Wilcox County Construct and expand the ballfield, bathroom and

concession stand for the Wilcox County Little League

$

program

DeKalb County

Neighborhood improvements and beautification projects for five DeKalb County communities

$

Richmond

Purchase a van for the East Central Georgia Regional

County Board Library in Richmond County

$

of Education

Long County

Purchase firefighting equipment and renovate the Long County Courthouse

$

Columbia

Purchase lighting system for the performing auditorium at

County Board of

Evans High School in Columbia County

$

Education

4,000
2,000
10,000 20,000 20,000 10,000
5,000 35,000 20,000 50,000 10,000 10,000
7,000 25,000 25,000
7,500

1818

JOURNAL OF THE HOUSE

Columbia

Purchase technology improvements for the South Columbia

County Board of

Elementary School in Columbia County

$

Education

Columbia

Purchase equipment and supplies for special education

County Board of

students in Columbia County

$

Education

Columbia County

Construct bleachers for the Martinez Evans Little League in Columbia County

$

Stephens County Purchase fire hoses and equipment for the Big Smith Volunteer Fire Department in Stephens County

$

City of Atlanta

Improve facade and parking lot and purchase equipment for the Sweet Auburn Curb Market in the City of Atlanta

$

City of East Point

Contract with East Point Athletic League to provide programs and equipment for at-risk youth

$

City of Cave Springs

Maintenance for Water Treatment Plant in the City of Cave Springs

$

City of Rome Computer Lab for Model High School in the City of Rome

Board of

$

Education

Cartersville

Lights for Adairsville High Baseball field

Board of

$

Education

Cobb County Purchase computers, sound, cable and other equipment and

Board of

operation cost at the Nickajack Elementary school in Cobb $

Education

County

City of Homeland

Preservation and restoration of historic structures owned by City of Homeland

$

Cobb County Purchase 18 classroom framed markers boards(4 x 16) at

Board of

the Teasley Elementary School in Cobb County

$

Education

Cobb County Purchase two-way radio communication equipment(30

Board of

units) at the Sedalia Elementary School in Cobb County $

Education

Cobb County Construct a covered walkway and other purposes at the

Board of

Sedalia Elementary School in Cobb County

$

Education

Crisp County

Construction of fire station to house fire truck at Hartley Fire Station in Crisp County

$

5,000
2,500 10,000
7,000 40,000 25,000 30,000 30,000 20,000 12,000 25,000 12,000
5,000 15,000 10,000

MONDAY, MARCH 5, 2001

1819

Athens/Clarke Purchase Library Spanish language materials for the

County Library Athens/Clarke County Library System

$

Trustees

Colquitt County Purchase overhead fans in canning area of Colquitt County

Board of

High School

$

Education

City of Atlanta Restoration of 10th Street Meadow in Piedmont Park for the City of Atlanta

$

Clayton County Purchase a SVI-Scan Projector for the Lillie E. Suder

Board of

Elementary School in Clayton County

$

Education

Glascock County Restoration of courthouse in Glascock County

$

McDuffie County

Purchase of Life Pak Cardiac Monitor and cell phones for the McDuffie County EMS

$

McDuffie County

Restoration of historic Rock House in McDuffie County $

Clayton County Purchase and install fence at the playground and ballfield area at Hawthorne Elementary in Clayton County

$

City of Albany Contract for a health clinic for underprivileged citizens through Union Outreach Mission in the City of Albany

$

City of Adairsville

Renovation of the City of Adairsville City Hall

$

Baldwin County

Purchase lightweight air cylinders for county fire stations in Baldwin County

$

Baldwin County Technical improvements to the County Land Use Codes and digital mapping capacity in Baldwin County

$

Baldwin County Continuation of victim assistance programs in Baldwin County

$

City of Carrollton

Resource and library books for Holocaust Teacher Training and Resource Center in the City of Carrollton

$

City of Avondale Create a Summer Youth Recreational Program for the City

Estates

of Avondale Estates.

$

City of Valdosta

Contract with Valdosta Blockclub Fed. for crime prevention and Valdosta neighborhood stabilization

$

City of Valdosta Repair to Lowndes County Historical Society and Museum $

City of Hahira

Construct playing field and purchase equipment for North Lowndes Recreation Park

$

City of Lakeland Enhancement for the W. L. Miller Library in City of Lakeland

$

City of

Purchase fire equipment and replace roof of fire station in

Crawfordville the City of Crawfordville

$

10,000
1,000
15,000
4,000 10,000 10,000
5,000 10,000 20,000 20,000 20,000 10,000 20,000 10,000 20,000
2,000 4,000 20,000 10,000 5,000

1820

JOURNAL OF THE HOUSE

Warren County Purchase EMS and fire equipment for Warren County

$

Clayton County Purchase equipment for the physical education department of Mundy's Mill Middle School in Clayton County

$

City of Dublin Renovations and improvements for Shamrock Stadium in

Board of

the City of Dublin

$

Education

Augusta/

Contract for services with Good Hope Social Services for

Richmond

summer and after-school tutorial programs in Richmond $

County

County

Gwinnett County Construction of bleachers around the varsity baseball field

Board of

at Berkmar High School in Gwinnett County

$

Education

City of Darien Purchase sanitation truck for the City of Darien

$

City of Eatonton Restoration of Madison Avenue School project for the City of Eatonton

$

City of Pinehurst Renovation of downtown Pinehurst

$

City of Mt. Zion Renovate a former factory building into a Community Center for the City of Mount Zion

$

DeKalb County Contract with Thankful Baptist CDC to provide senior service in DeKalb County

$

City of

Purchase fire fighting equipment for the City of

Bloomingdale Bloomingdale

$

DeKalb County Renovation to the ART Station Facility in DeKalb County $

DeKalb County

Contract for services with ART Station, Inc. for after school and summer programs in DeKalb County

$

City of Columbus

Contract with Urban League of Greater Columbus for the Youth Challenge 2001 Project in the City of Columbus

$

Taliaferro County

Purchase of computer/software and equipment for Taliaferro County Sheriff's Department

$

City of Social Circle

Construct and implement an open-air farmer's market and upgrade facade of surrounding buildings in Social Circle.

$

Hancock County Purchase fire equipment for Hancock County Fire Department

$

Clayton County Teacher training and purchase computer software and

Board of

hardware for Rivers Edge Elementary in Clayton County $

Education

Augusta/

Contract with Shiloh Comprehensive Community Center to

Richmond

provide after school programs in Richmond County

$

County

Augusta/

Contract with Bell Terrace Community Center and May

Richmond

Park Community Center to provide summer youth

$

County

programs in Richmond County

12,000 7,000
75,000
21,000
20,000 20,000 40,000 10,000 20,000 10,000 25,000 20,000 15,000 25,000 5,000 50,000 10,000
6,000
5,000
5,000

MONDAY, MARCH 5, 2001

1821

Cobb County Construction of concrete sidewalks and playscapes and

sodding around the playscapes at Blackwell Elementary in $

Cobb County

Gwinnett County Purchase instructional materials for Chattahoochee,

Board of

Berkeley Lake and BB Harris Elementary Schools in

$

Education

Gwinnett County

Augusta/

Contract for services with CSRA Transitional Center, Inc.

Richmond

in Augusta to provide counseling and alternative programs $

County

to combat juvenile delinquency

Augusta/

Contract for services with Beulah Grove Community

Richmond

Resources Center, Inc. to provide health care and

$

County

counseling services in Richmond County

Augusta/

Contract for services with Neighborhood Improvement

Richmond

Project, Inc. to provide health care and counseling in

$

County

Richmond County

City of Byron Repairs to Old Byron Elementary School for the City of Byron

$

Crawford County Upgrade Agriculture Education Lab and classroom facilities

Board of

at Crawford County High School

$

Education

City of Graham Purchase fire truck for the City of Graham

$

Telfair County Construct running track at football field in Telfair County

Board of

$

Education

City of Baxley Renovate recreation building in the City of Baxley

$

Lanier County

Landscaping and playground equipment for the M. L. K. Jr Park in Lanier County

$

Wayne County Construct fire protection building for Madray Springs

Board of

Community in Wayne County

$

Commissioners

Berrien County Commission

Construct fire station in New Lois Community and provide firefighting equipment for Berrien County

$

City of Valdosta Purchase furniture and equipment for Southside Library in the City of Valdosta

$

City of Valdosta Contract with LAMP to provide Transitional Housing

Program for homeless women and children in the City of $

Valdosta

City of Valdosta Service learning project for Valdosta School System

Board of

$

Education

City of Arabi

Improvements to Arabi Community Walking Track and to the grounds at Arabi City Hall.

$

15,000
25,000
5,000
15,000
10,000 10,000 15,000 20,000
5,000 10,000 10,000 30,000 25,000 5,000 10,000
3,000 10,000

1822

JOURNAL OF THE HOUSE

City of Sparta Downtown beautification and revitalization for City of

Sparta

Clayton County Purchase software for the Media Center at Kemp

Board of

Elementary School in Clayton County

Education

Columbus/

Contract with Combined Communities of S.E. Columbus

Muscogee

for tutorial program for at-risk youth in Muscogee County

County

Columbus/

Contract for services with the Columbus for Kids, Inc. to

Muscogee

provide services to at risk children in Muscogee County

County

Columbus/

Purchase defibrillators for public safety vehicles, schools

Muscogee

and CPR training in Middle and high schools in Muscogee

County

County

Columbus/

Contract for services with the Springer Opera House for

Muscogee

renovation project in Muscogee County

County

Columbus/

Contract for services with Metropolitan Columbus Task

Muscogee

Force to provide services to the homeless in Muscogee

County

County

Gwinnett County Renovation of gym floor at Mason Elementary in Gwinnett

Board of

County

Education

Douglas County Technology support equipment and needs assessment for

Douglas CORE

City of Berkeley Greenspace acquisition for City of Berkeley Lake

Lake

Columbus/

Contract for services with Chattahoochee Valley Vet.

Muscogee

Council for building restoration in Muscogee County

County

Jeff Davis

Purchase defibrillators for Jeff Davis County Fire

County

Departments

$ 5,000 $ 5,000 $ 20,000 $ 50,000 $ 50,000 $ 125,000 $ 25,000 $ 20,000 $ 10,000 $ 10,000 $ 21,000 $ 10,000

Telfair County Purchase fire truck for the Horsecreek Fire Department in Telfair County
DeKalb County Renovation, repair and modernization of facility for the Redan Park Athletic Association in DeKalb County
Crawford County Purchase jaws of life for the volunteer fire department in Crawford County
Clinch County Addition to athletic complex in Clinch County Board of Education

$ 10,000 $ 25,000 $ 10,000 $ 10,000

MONDAY, MARCH 5, 2001

1823

City of Nashville Design, construct and equip age appropriate playground facility in the City of Nashville

$

City of Byron Repairs to City of Byron Community Center

$

Clay County Air conditioning the gymnasium at Clay County

Board of

Elementary School.

$

Education

Clarke County Construction of athletic field restroom facilities at Cedar

Board of

Shoals

$

Education

City of Plains

Repairs to city hall roof and walls to stop leaks in the City of Plains

$

City of

Renovation of Crawfordville City Hall/ Welcome Center

Crawfordville

$

City of Valdosta Contract with the Valdosta Boys and Girls Club to provide an after school learning lab

$

City of Albany

Transportation for the Slater King Adult Rehab Day Center in the City of Albany

$

City of Valdosta Purchase library truck for South Georgia Regional Library in the City of Valdosta

$

Augusta/

Contract for services with the Augusta Youth Center for

Richmond

youth inner city youth program

$

County

City of Albany After school tutorial program through the Greater Mt. Olive Outreach Center, Inc. in the City of Albany

$

City of Valdosta Maintenance and repair of Valdosta/Lowndes County Arts Commission Building

$

DeKalb County Contract for services with South DeKalb Improvement

Board of

Initiative to provide personnel, books and materials for

$

Education

elementary schools in South DeKalb

Clayton County Purchase of amenities for Jesters Creek Trail Jonesboro in Clayton County

$

Clayton County Purchase of teaching materials for special ed students at

Board of

M.D. Roberts Middle School in Clayton County

$

Education

Clayton County Park development in East Clayton County.

$

Chattahoochee Purchase classroom furniture, equipment and carpet for

County Board Chattahoochee County Education Center

$

of Education

DeKalb County Purchase equipment for McNair Middle School in DeKalb

Board of

County

$

Education

20,000 10,000 15,000
35,000 30,000 10,000 15,000 20,000 15,000 10,000 10,000
5,000 25,000 20,000
5,000 16,000 50,000
10,000

1824

JOURNAL OF THE HOUSE

City of Powder Springs
Carroll County City of Appling
Columbia County
Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education City of Leslie
City of DeSoto
Jenkins County Bulloch County
Board of Education

Develop public park space along the Silver Comet Trail for the City of Powder Springs

$

Construct veteran park on county land in Carroll County $

Purchase equipment for fire fighting for Leah Volunteer Fire Department in City of Appling

$

Playground equipment and improvements for the North

Harlem Elementary School in Columbia County

$

Security fence around campus of Blue Ridge Elementary in

Columbia County

$

Outdoor classroom for Greenbriar Elementary School in

Columbia County

$

Purchase wireless technology upgrade at Martinez

Elementary in Columbia County

$

Purchase wireless technology upgrade at Stevens Creek

Elementary in Columbia County

$

Outdoor classroom for Westmont Elementary School in

Columbia County

$

Outdoor Classroom for Lakeside Middle School in

Columbia County

$

Repair downtown city buildings for downtown renovation and use by City of Leslie

$

Construction of a new fire station building in the City of DeSoto

$

Purchase of Millen/Jenkins County Rescue Unit Vehicle $

Pavement of school bus garage and driver training course in

Bullock County

$

30,000 30,000 5,000 2,000
5,000
5,000
5,000
5,000
2,000
10,000 25,000 50,000 10,000
5,000

MONDAY, MARCH 5, 2001

1825

Wayne County Purchase of storm windows for Wayne County Library

Library

$

Authority

Bryan County Purchase playground equipment for Lanier Elementary in

Board of

Bryan County

$

Education

Douglas County Science Lab technology equipment for Alexander High

Board of

School in Douglas County

$

Education

Tattnall County Repair roof on the Glenville Middle School gymnasium in

Board of

Tattnall County

$

Education

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$

Education

Tattnall County Purchase emergency equipment for Tattnall Emergency Management Agency

$

City of Claxton Purchase a traffic unit vehicle for Claxton Police Department

$

City of Claxton

Purchase protective gear and breathing apparatus tanks for Claxton Volunteer Fire Department

$

Clayton County Purchase of television equipment for Mount Zion High

Board of

School in Clayton County

$

Education

Clayton County Purchase supplemental teaching materials for Morrow High

Board of

School in Clayton County

$

Education

Clayton County Purchase of safety cameras for Jonesboro High School in

Board of

Clayton County

$

Education

Clayton County Purchase of teaching supplies for Morrow Middle School in

Board of

Clayton County

$

Education

Clayton County Purchase of supplies for health clinic at Adamson Middle

Board of

School in Clayton County

$

Education

Chatham County Promote and enhance leisure opportunities in Chatham County and provide capital equipment improvements

$

Columbia

Purchase wireless technology upgrade at Riverside Middle

County Board of

School in Columbia County

$

Education

5,000 10,000 20,000 5,000
5,000 10,000
5,000 5,000 10,000 15,000 10,000 15,000 5,000 45,000 10,000

1826

JOURNAL OF THE HOUSE

Columbia

Athletic improvements for Greenbriar High School in

County Board of

Columbia County

$ 10,000

Education

Columbia

Athletic improvements at Lakeside High School in

County Board of

Columbia County

$ 20,000

Education

City of

Operation of the Convention and Visitors Bureau in the

Milledgeville City of Milledgeville

$ 15,000

Clarke County

Renovation of the Athens Regional Attention Home youth emergency shelter in Clarke County

$ 25,000

City of

Printing and mailing Andersonville Trail Association

Andersonville brochures

$ 5,000

City of Montezuma

Construct parking spaces and enlarge driveway access at the Montezuma City Hall

$ 10,000

Clarke County

Purchase customized box truck to transport art for Georgia Museum of Art in Clarke County

$

40,000

Sumter County Purchase Fire Truck and associated communications

Board of

equipment for S.W. Sumter Volunteer Fire Department

$ 78,000

Commissioners

Ware County Improvements to the Ware County High School Stadium

Board of

$ 35,000

Education

City of Columbus

Contract for services with Play and Learn Together Program in City of Columbus

$ 15,000

Effingham

Equipment for Effingham County High School Athletic

County Board Department

$ 10,000

of Education

Franklin County Purchase computer equipment for Life Connections

Board of

Program at Franklin City High School

$ 10,000

Education

City of Royston Irrigation and sodding of ballfields for Royston Little League

$ 10,000

City of Lavonia Construction at City Park in City of Lavonia

$ 10,000

Franklin County Repair and renovation of Livestock Building

Board of

$ 20,000

Education

City of Franklin Purchase fire truck for City of Franklin Springs Springs

$ 25,000

MONDAY, MARCH 5, 2001

1827

Columbus/

Contract for services with Boys and Girls Club of

Muscogee

Columbus to provide computer services program in

$ 120,000

County

Muscogee County

City of Rome Purchase sprinkler system for the Rome History Museum $ 20,000

City of Rome

Restore Chieftain's Museum to its original state for the City of Rome

$

20,000

City of Rome

Funds for Rome Exchange Club Child Abuse Prevention Program

$ 20,000

Clayton County Purchase of reading materials for Mount Zion Elementary

Board of

School in Clayton County

$ 5,000

Education

Cobb County Construction of dugouts, scorer's booth/press box, and

Board of

fencing at the girls' fast pitch softball facilities at Lassiter $ 15,000

Education

High School in Cobb County

Cobb County Construct football field, repair sprinkler system and

Board of

construct/renovate storage building for Sprayberry High $ 25,000

Education

School in Cobb County

Cobb County Construction of a storm sewer drainage system at the

Board of

football concession stand facilities for Sprayberry High

$ 10,000

Education

School in Cobb County

City of Savannah Build bronze monument commemorating history of African Americans for the City of Savannah

$

10,000

Murray County Enhancements for Murray County Senior Citizens Center programs and provide transportation needs

$ 10,000

City of Chatsworth

Historic restoration project for the City of Chatsworth

$ 20,000

Columbia

Construct multi-purpose athletic building at Harlem High

County Board of

School in Columbia County

$ 10,000

Education

Bulloch County Pave bus driver training obstacle course in Bullock County

Board of

$ 15,000

Education

DeKalb County Purchase supplies, materials and contract for services with

South DeKalb Improvement Initiative for senior citizens $ 10,000

recreational therapy in Dekalb County

City of Jefferson Renovation of Jefferson High School health occupation

Board of

labs for the City of Jefferson

$ 10,000

Education

Burke County Burke County Library planning phase of new library.

$ 10,000

1828

JOURNAL OF THE HOUSE

Burke County Renovation of Sardis, Girard and Alexander Gym and

purchase of surveillance camera for the City of Sardis

$

police department.

Augusta/

Purchase computers for Augusta/Richmond County Weed

Richmond

and Seed literacy program

$

County

Randolph

Replace carpeting and repair damage to walls of

County Board of

Randolph/Clay High School

$

Education

Banks County Construction cost share for two fire stations in Banks

Board of

County

$

Commissioners

Meriwether

Purchase band uniforms and provide baseball field at

County Board Manchester High School in Meriwether County

$

of Education

Augusta/

Contract for services with NSRAA for Multiple Purpose

Richmond

Community Center to accommodate expansion of services $

County

in Richmond County

Augusta/

Contract for services with New Hope Community Center

Richmond

in the City of Augusta

$

County

Muscogee

JROTC equipment enhancements for Kendrick High School

County Board in Muscogee County

$

of Education

McDuffie County

Purchase Life Cardiac Monitor and cell phones for EMS staff in McDuffie County

$

Chatham County Construct a multi-use neighborhood park in Chatham County

$

City of Guyton Purchase a front-end loader/backhoe for City of Guyton

$

Effingham

Purchase rescue equipment for Clyo Volunteer Fire

County Board Department in Effingham County of

$

Commissioners

Bryan County Technology lab for Bryan County Elementary School in

Board of

Bryan County

$

Education

Cobb County

Install fencing and netting at Big Shanty Park in Kennesaw, Georgia

$

22,000 10,000
20,000
25,000 30,000 50,000 10,000 10,000
2,000 10,000 10,000 10,000
5,000 15,000

MONDAY, MARCH 5, 2001

1829

DeKalb County Create an outdoor environmental classroom at Toney

Board of

Elementary School in Dekalb County

$

Education

DeKalb County Contract with The Forest at Columbia Resident Association

for after school tutorial and computer program in DeKalb $

County

City of Atlanta Installation of handicapped equipment at public venues for

South East Community Cultural Center, Inc. in the City of $

Atlanta

City of Valdosta

Contract with Keep Valdosta/Lowndes Beautiful to provide an anti-litter program

$

Screven County Purchase materials update for Screven County Library

$

DeKalb County Purchase school marquee for Columbia Elementary School

Board of

in DeKalb County

$

Education

Jackson County

Furnish and equip Jackson County Volunteer Fire Training Facility

$

Grady County

Remodel and upgrade present building housing fire truck for the Calvary Volunteer Fire Department in Grady County

$

Grady County Remodel and upgrade livestock pavilion in Grady County. $

Randolph County

Furnish outpatient mental health/substance abuse facility in Randolph County

$

Randolph County

Construct fire station/voting precincts in Springdale, Carnegie and the Fourth District in Randolph County

$

Quitman County Replacement of fire pumper truck lost in fire for Quitman County

$

Crawford County Furnishings and fixtures for new courthouse in Crawford Commission County

$

DeKalb County Contract with Lynwood Park Community Project, Inc. for

Board of

home renovation project and purchase of supplies and

$

Commissioners office equipment in DeKalb County

Talbot County Purchase furnishings for New Horizons CSB mental health $

City of Wadley Remodeling of Wadley Community Center

$

Cobb County Purchase and install safety lights from main building to P.E.

Board of

building at Kincaid Elementary in Cobb County

$

Education

City of Oglethorpe

Purchase computer system for Macon County Sheriff's Department

$

City of Dalton Contract for services with the Northwest Georgia Girls' Home in The City of Dalton

$

2,000
2,000
10,000
5,000 30,000 7,000
10,000 10,000
5,000 22,000 20,000 25,000 20,000
25,000 30,000 10,000
5,000
20,000 10,000

1830

JOURNAL OF THE HOUSE

Hall County

Recondition the East Hall baseball field in Hall County

Board of

$ 35,000

Education

City of Oglethorpe

Renovation of portion of Oglethorpe Government Office Building.

$ 20,000

Chattooga County

Purchase and install ceiling fans and door at Chattooga County Library.

$ 10,000

City of Rome

Children Helping Children funding for at risk children in City of Rome and Floyd County

$ 20,000

City of Vidalia Pave parking lot at the Ed Smith Complex for the City of Vidalia

$ 5,000

DeKalb County Provide women's support programs through the

Newcomer's Network Refugee Service Organization in

$ 5,000

DeKalb County

DeKalb County Contract for services with Scottdale Community Planning

H.I.P.S (Home Improvement Program For Seniors) to provide home maintenance program for seniors in DeKalb

$

2,000

County

Cobb County Construct bleachers at Osborne High in Cobb County

Board of

$ 10,000

Education

Cobb County Replace Security System at Osborne High in Cobb County

Board of

$ 10,000

Education

Clayton County Athletic equipment, fine arts program, and band programs

Board of

for Northcutt Elementary in Clayton County

$ 5,000

Education

City of Smyrna Construction of a deck at the Smyrna Community Center $ 5,000

Fannin County Construct two fire stations for Fannin County Fire Department

$ 10,000

Greene County Tourism marketing project for Georgia's Lake Country in

Board of

Greene County

$ 15,000

Commissioners

Clayton County Athletic equipment, fine arts programs, and band programs

Board of

for Oliver Elementary School in Clayton County

$ 5,000

Education

Clayton County Athletic equipment, fine arts programs, and band programs

Board of

for North Clayton Middle School in Clayton County

$ 2,000

Education

MONDAY, MARCH 5, 2001

1831

Augusta/

Contract for services with Augusta/Richmond

Richmond

Opportunities Center, Inc. to provide after school and

$

County

enrichment programs

City of Climax Renovation of the Community Senior Citizens Center for the City of Climax

$

Chattahoochee Purchase computer, printer and internet service for the

County

Chattahoochee County Sheriff's Department.

$

City of Lavonia Purchase of vehicle and equipment for the Lavonia Police Department

$

City of Toccoa Field improvements for City of Toccoa Little League

$

Dougherty County

Construct and landscape a memorial to Confederate soldiers in Dougherty County

$

City of Talbotton City of Talbotton Downtown revitalization project

$

Town of Thunderbolt

Assistance with critical water/well restoration project in the City of Thunderbolt

$

Colquitt County Facilitate improvements in the Autreyville Community

Board of

Volunteer Fire Department in Colquitt County

$

Commissioners

DeKalb County Little league teams programs at the Belvedere Athletic Association in DeKalb County

$

City of Lyons

Construction of TeeBall Field and improvements to parking facilities in the City of Lyons

$

City of Alamo Expansion of the Alamo Fire/Police Department complex $

Clayton County Athletic equipment, fine arts program and band programs

Board of

for Clayton High School in Clayton County

$

Education

Clayton County Athletic equipment, fine arts program, and band programs

Board of

for West Clayton High School in Clayton County

$

Education

City of Unadilla

Re-roof and replace carpet at City Hall and Elizabeth Harris Library in the City of Unadilla

$

DeKalb County Repair Zonolite Storm Water Drainage System in DeKalb County

$

DeKalb County Construction of sidewalk on Briarwood Road In DeKalb County

$

Columbia

Band room additions at Evans High School in Columbia

County Board of

County

$

Education

5,000
10,000 2,000
25,000 15,000 25,000 20,000 15,000
15,000
8,000 10,000 10,000
2,000
5,000
20,000 30,000 30,000
10,000

1832

JOURNAL OF THE HOUSE

Lincoln County Construction of building and purchase of equipment for

Martins Crossroads Volunteer Fire Department in Lincoln $

County

City of Savannah Capitol improvement project for Greenbriar Children's Center, Inc. in the City of Savannah

$

Glynn County

Purchase one Infrared Fire Helmet for firefighters in Glynn County

$

Elbert County Start up of communities in schools in Elbert County

$

Richmond

Purchase equipment and furnishings for use in the

County Board Technical Education Program at Glenn Hills High School in $

of Education Richmond County

City of Cairo

L.B. and Eula Powell Memorial Youth Fund, Inc. to provide after school tutorial program in the City of Cairo

$

City of Glennville

Purchase and install bleacher covers for two fields for Glennville Recreation Department

$

Greene County Partial restoration of historic Greene County jail

$

Meriwether

Football field enhancements and landscape project for

County Board Greenville High School in Meriwether County

$

of Education

Greene County Purchase and install fence around Greene County airport $

Effingham County

Training equipment for Effingham County Sheriff's Department

$

Clayton County Athletic equipment, fine arts program, and band programs

Board of

for Church Street Elementary School in Clayton County $

Education

City of Concord Purchase fire truck (Tanker) for the City of Concord

$

Montgomery County

Assist with recreational facility improvements in Montgomery County

$

Wheeler County Purchase sports equipment and provide improvements to recreation department in Wheeler County

$

City of Fargo Construct basketball courts for the City of Fargo

$

Fannin County Repair roof and install air conditioning at Epworth Community Center in Fannin County

$

City of Patterson Purchase fire equipment for the City of Patterson

$

Elbert County Purchase building for office and concession stand at McWilliams Park in Elbert County

$

City of Dublin Purchase computers, software and equipment for Oconee Regional Library in the City of Dublin

$

Lincoln County Complete pavilion in a park in Lincoln County

$

10,000
50,000 8,000 1,000
10,000
8,000 10,000 20,000 30,000 22,000
5,000
5,000 50,000 10,000 10,000 10,000 20,000
5,000 10,000
5,000 12,000

MONDAY, MARCH 5, 2001

1833

City of

Addition to Athletic Field House at Gordon Lee High

Chickamauga School for the City of Chickamauga Board of

$

Education

City of Savannah Building/display project for Steamship Savannah

$

Town of Allentown

Construction of a city hall/fire house in Allentown

$

Oglethorpe County

Purchase bleachers and construction of football field in Oglethorpe County

$

Greene County Purchase lights for track field at the high school in Greene

Board of

County

$

Education

Oglethorpe

Purchase band uniforms for high school in Oglethorpe

County Board County

$

of Education

Putnam County Repair boiler system in Putnam County Hospital

Hospital

$

Authority

Fulton County Transportation for low-income, low achieving students

Board of

following an academic after-school program in Fulton

$

Education

County

City of Lincolnton

Downtown revitalization around Lomar Springs for the City of Lincolnton

$

City of LaFayette

Water and construction project in the City of LaFayette

$

Newton County Purchase playground improvements and construction at

Board of

Fiquett Elementary School in Newton County

$

Education

DeKalb County Staff and supply Saturday tutorial sessions for school year (SLAM 64) in DeKalb County

$

City of Brunswick

Renovation and Restoration of Historic Ritz Theater for the City of Brunswick

$

DeKalb County Contract with Family Technology Resources for after

Board of

school tutorial program, purchase supplies, books,

$

Education

material, equipment and instruction in DeKalb County

Ashburn

Improvements to park area and walking track at Elderly

Housing

Village in the City of Ashburn

$

Authority

City of Ashburn

Purchase playground equipment for park area in the City of Ashburn

$

20,000 10,000 50,000 21,000 3,000
10,000
25,000
5,000 5,000 25,000 10,000 30,000 20,000 3,000
5,000 10,000

1834

JOURNAL OF THE HOUSE

Turner County Purchase computer and other equipment Turner County EMS

$

City of Rebecca Recreation improvements for the City of Rebecca

$

City of Warwick City Park and recreation improvements, to include watering system and bleachers, for the City of Warwick

$

City of Poulan Purchase Computer System for the City of Poulan

$

City of Sumner Walking track and recreation improvements in City of Sumner's park and softball complex

$

City of Ty Ty

Recreation and downtown improvements for the City of Ty Ty

$

City of Villa Rica

Local recreation programs for the City of Villa Rica

$

City of Mt. Zion Purchase of equipment for primary health care center in the City of Mt. Zion

$

City of Temple Gymnasium for recreational use in the City of Temple

$

Fulton County Implement greenspace program at the Williams Payne Community Center in Fulton County

$

Meadows

Purchase furniture for Meadows Regional Medical Center

Regional

student residences in the City of Vidalia

Medical Center

$

Hospital

Authority

DeKalb County Contract with Robert Shaw Theme School Interchange

Board of

Program in DeKalb County

$

Education

Wilkes County Refurbish county EMS headquarters in Wilkes County

$

City of

Preservation project for historic downtown City of

Chickamauga Chickamauga

$

Elbert County

Construct building for Sweet City Fire Department in Elbert County

$

Bibb County

Operating expenses for Adopt-Role-Model program in Bibb County

$

Bibb County

Operating expenses for Middle Georgia Council on Drugs in Bibb County

$

City of Fort Oglethorpe

Road improvements within the City of Fort Oglethorpe

$

Clayton County Purchase computer equipment for Kendrick Middle School

Board of

in Clayton County

$

Education

5,000 5,000 5,000 5,000 5,000 5,000 20,000 5,000 15,000 5,000
5,000
5,000 5,000 10,000 15,000 20,000 15,000 10,000
5,000

MONDAY, MARCH 5, 2001

1835

Marion County Purchase band uniforms for Tri-County High School in

Board of

Marion County

$ 35,000

Education

Calhoun County Purchase air compressor and breaker for high school in

Board of

Calhoun County

$ 30,000

Education

Irwin County

Repair library building and expansion of services in Irwin County

$ 10,000

Camden County Tennis Courts and satellite equipment for Camden County

Board of

High School

$ 40,000

Education

Bibb County

Operating expenses for Tubman African Museum in Bibb County

$ 150,000

Bibb County

Operating expenses for Hay House in Macon in Bibb County

$ 50,000

Emanuel County Improvements to Technology Park in Emanuel County

$ 75,000

Jackson County

Update Self Contained Breathing Apparatus (SCBA) for the Jackson County Fire Department

$

10,000

Glynn County

Obtain architectural design funds for Lighthouse Museum addition in Glynn County

$

7,000

Clayton County Purchase band uniforms for Riverdale High School in

Board of

Clayton County

$ 20,000

Education

Fulton County Contract with Inner Strength, Inc. to provide mentoring and

Board of

tutorial programs in Fulton County

$ 3,000

Commissioners

City of Metter New fencing for softball fields at the Metter Candler Recreational Park in the City of Metter

$ 5,000

City of Macon Operating expenses for Douglass Theater in the City of Macon

$ 50,000

City of Macon

Operating expenses for Booker T. Washington Center in the City of Macon

$

50,000

Newton County Purchase playground improvements and construction at

Board of

Palmer Stone Elementary School in Newton County

$ 5,000

Education

Newton County Purchase playground improvements and construction at

Board of

Livingston Elementary School in Newton County

$ 5,000

Education

Newton County Purchase improvements and construction at the Cardinal's

Board of

Roost located at Livingston Elementary School in Newton $ 5,000

Education

County

1836

JOURNAL OF THE HOUSE

Newton County Construction and improvements of a park in City of Covington

$ 10,000

Emanuel County Purchase equipment and supplies for Emanuel County Library

$ 10,000

City of Blackshear

Park improvement and equipment, Historical Depot renovation and furnishings for the City of Blackshear

$ 10,000

City of Homeland

City beautification in the City of Homeland

$ 5,000

City of Nahunta Repairs and improvements to Community Building in the City of Nahunta

$

5,000

Colquitt County Construct a Volunteer Fire Department in rural Colquitt

County and purchase turn-out gear and firefighting

$ 15,000

equipment

City of Smyrna Contract with Lil Angels Learning Center for building renovation in the City of Smyrna

$ 5,000

Brantley County Purchase computers and related equipment for Hoboken

Board of

Elementary School in Brantley County

$ 5,000

Education

DeKalb County Contract with Rainbow International Chapter to provide

Board of

computer training in DeKalb County

$ 15,000

Education

DeKalb County Program to compliment PTA program at Edward L. Bouie,

Board of

Sr. Elementary School in DeKalb County

$ 1,000

Education

City of Swainsboro

Operating funds for the City of Swainsboro

$ 10,000

City of Glennville

Purchase equipment or protective gear for Glennville Fire Department

$

5,000

City of

City of Waynesboro Phase II Historic Beautification

Waynesboro Project.

$ 23,000

Augusta/

Assist Golden Harvest Food Bank with warehouse

Richmond

expansion and program operation in Richmond County

$ 25,000

County

City of Powder Construction of the Powder Springs Veterans Memorial Springs

$ 15,000

Randolph County

Purchase a van to transport handicapped by hospital and nursing home in Randolph County

$ 25,000

Eastman/Dodge Utility construction in Eastman/Dodge County

Development

$ 25,000

Authority

Athens/Clarke Health education and outreach program at Athens

County

Neighborhood Health Center

$ 25,000

MONDAY, MARCH 5, 2001

1837

DeKalb County Board of Education
Charlton County Board of Education
DeKalb County Board of Education
Liberty County Board of Education
DeKalb County Board of Education
City of Atlanta
City of Wrightsville DeKalb County Board of Education City of Omega
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
Bibb County Board of Education

Program to compliment PTA program at Naarvie J. Harris Elementary in DeKalb County
Purchase computer carts and equipment for St George Elementary in Charlton County
Program to compliment PTA program at Rainbow Elementary school in DeKalb County
Construct sidewalks around parking area and school at Midway School in Liberty County
Program to compliment PTA program Cedar Grove High School in DeKalb County
Operational expenses related to the community without walls and mainstage productions for the City of Atlanta Purchase of public safety equipment for the City of Wrightsville Program to compliment PTA program at Southwest DeKalb High School in DeKalb County
Construct a community shelter and purchase picnic tables and other equipment in City of Omega Program to compliment PTA program at Bob Mathis Elementary School in DeKalb County
Program complimenting PTA program at Browns Mill Elementary School PTA in DeKalb County
Program complimenting PTA program at Cedar Grove Elementary in DeKalb County
Programs complimenting PTA program at Chapel Hill Elementary in DeKalb County
Program to compliment PTA program at Clifton Hill Elementary in DeKalb County
Purchase band uniforms at Southwest High School in Bibb County

$ 1,000 $ 1,000 $ 1,000 $ 35,000 $ 1,000 $ 300,000 $ 20,000 $ 1,000 $ 15,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 10,000

1838

JOURNAL OF THE HOUSE

Fulton County Contract for services with the Old National Merchants

Board of

Association for after school program in Fulton County

$ 45,000

Education

DeKalb County Program to compliment PTA program at Cedar Grove

Board of

Middle School in DeKalb County

$ 1,000

Education

DeKalb County Program to compliment PTA program at Chapel Hill

Board of

Middle School in DeKalb County

$ 1,000

Education

Johnson County Renovation of rural fire department, Johnson County Library and recreation facility in Johnson County

$ 17,500

Fulton County Matching funds for federal grant to Senior Citizens Quality

Board of

of Life Initiative in Fulton County

$ 15,000

Education

Laurens County Purchase and upgrade rescue equipment for Rock Springs Volunteer Fire Department in Laurens County

$

5,000

Laurens County Purchase polygraph machine for Laurens County

$ 5,000

Laurens County Purchase safety mats for competition cheerleading squad

Board of

for West Laurens Middle School in Laurens County

$ 5,000

Education

City of Sylvester Playground equipment purchase, landscaping, repairs and

renovations to tennis courts in Historic Jeffords Park in the $ 10,000

City of Sylvester

DeKalb County Contract with South DeKalb YMCA to provide for after school tutorial in DeKalb County

$ 5,000

Worth County Playground construction and equipment purchase for Community of Bridgeboro in Worth County

$ 10,000

Fulton County Contract for services with Atlanta Business League for

Board of

educational program in Fulton County

$ 5,000

Commissioners

Washington

Purchase equipment for Washington County Hospital

County

$ 50,000

Commission

City of Sandersville

Repair of Community Health Building for the City of Sandersville

$ 40,000

Bacon County Purchase kitchen equipment for the Alma/Bacon County Veterans of Foreign Wars

$ 1,000

Worth County

Playground construction and equipment for Community of Isabella

$

5,000

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

5,000

MONDAY, MARCH 5, 2001

1839

Terrell County Purchase 911 Incoming Recorder in Terrell County Commission

$

City of Norman Park

Purchase computer and public safety equipment for the City of Norman Park Police Department

$

City of East Dublin

Expansion of water and sewer and right of way purchase for the City of East Dublin

$

City of Rockmart Recreation funds for City of Rockmart and little league program

$

City of Aragon Recreation funds for the City of Aragon

$

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

City of Alma

Improvements and furnishings for Masonic Lodge and Martin Luther King Jr. Park in the City of Alma

$

City of Soperton Purchase of public safety equipment for the City of Soperton

$

Gwinnett County Construction of restroom and concession facilities for

Board of

Grayson High School in Gwinnett County

$

Education

City of Kingston Study of and improvements to the City of Kingston water system and drilling of new well

$

City of Euharlee Recreation funding for the City of Euharlee

$

City of Cedartown

Recreation improvements for the City of Cedartown

$

Polk County Funding for the Polk County Children's Advocacy

$

City of Stillmore Repair and renovate City Hall in City of Stillmore

$

DeKalb County

Neighborhood improvement and beautification projects for four DeKalb County communities

$

DeKalb County Neighborhood improvement and beautification project in the Chapel Park Subdivision of DeKalb County

$

Charlton County Purchase fire and rescue equipment for Charlton County $

Heard County Paving driveway and parking lots of new middle school in

Board of

Heard County

$

Education

Crawford County Improve/upgrade physical plant of gymnasium housing Boys and Girls Clubs of Roberta in Crawford County

$

Bacon County Purchase band uniforms and equipment for the Bacon

Board of

County High School

$

Education

Newton County Purchase playground improvements and construction at

Board of

Porterdale Elementary School in Newton County

$

Education

30,000 5,000
10,000 45,000 25,000
5,000 15,000 17,000
20,000
25,000 25,000 45,000 25,000
5,000 5,000 1,000 20,000 40,000
10,000
5,000
5,000

1840

JOURNAL OF THE HOUSE

City of Newnan Partial funding for construction of the Newnan Boys and Girls Club

$ 15,000

Bibb County Green Space Acquisition in Bibb County

$ 70,000

City of Atlanta

Contract for services with Kids Around Metro Perimeter of Atlanta to provide summer camp and outreach programs

$

10,000

City of Atlanta West Hunter Tutorial and After school programs for the City of Atlanta

$ 20,000

City of Covington

Purchase of educational aids for the DARE program for the City of Covington Police Department

$

5,000

Bulloch County Construct Bike/Walking Paths for Mill Creek Park in Bullock County

$ 25,000

Peach County

Purchase Equipment for volunteer fire department in Peach County

$

10,000

Newton County Purchase playground improvements and construction at

Board of

Fairview Elementary School in Newton County

$ 10,000

Education

Treutlen County Expansion and renovation of Treutlen County Courthouse $ 15,000

Walton County Construct Fitness trail in West Walton County Park

Board of

$ 20,000

Commissioners

Bibb County Purchase costumes and stage equipment for Show Choir at

Board of

Central High School in Bibb County

$ 10,000

Education

Brantley County Historical Society equipment and supplies for Brantley

County Department of Intergovernment Relations operating funds, fire department funds, recreation park and walking

$

30,000

track.

Bleckley County Purchase uniforms and equipment for Bleckley Band

Board of

Boosters in Bleckley County

$ 25,000

Education

Columbus

Maintenance and operation expense for the Liberty Theater

Consolidated Cultural Center,Inc. in the City of Columbus

$ 125,000

Government

Towns County

Purchase equipment and improve baseball fields for Towns County Recreation

$

10,000

Towns County

Purchase fire and rescue equipment for Towns County Fire and Rescue

$

25,000

Towns County Replace equipment and repair fire damage at the Towns County Day Care

$ 10,000

Towns County Offset cost of parking lot changes and resurfacing in Towns

Board of

County

$ 12,000

Education

MONDAY, MARCH 5, 2001

1841

White County
Union County
Rabun County
Rabun County
Rabun County City of Clayton
Rabun County Rabun County Rabun County Wilkinson County City of Atlanta
City of Centerville Fulton County
Board of Education Fulton County Board of Education Fulton County Board of Education City of Cuthbert
Fulton County
City of Columbus Walker County Columbus
Consolidated Government Fulton County Board of Education

Purchase equipment for the Shoal Oak Fire Station in White County

$

Improvements in recreation department for the Town of Suches

$

Purchase equipment for the Chechero Fire Department in Rabun County

$

Repair historic school building for the Persimmon Community Club in Rabun County

$

Purchase rescue equipment for Rabun County EMS Rescue $

Move utilities for widening HWY 441 for the City of Clayton

$

Provide for battered women's shelter in Rabun County

$

Operation of Rabun Youth Center in Rabun County

$

Purchase land for Rabun County Day Care

$

Purchase mini bus for Wilkinson County 4-H program

$

Contract with Cascade Ministries, Inc. to provide for Cascade Job Training Initiative for the City of Atlanta

$

Construction of Senior Citizen Building to service Houston and Peach County residents

$

Purchase of technology/PC for classroom use at Medlock

Bridge Elementary in Fulton County

$

Create an Environmental Outdoor classroom At Ocee

Elementary School in Fulton County

$

Purchase of Computer lab on wheels for the State Bridge

Elementary School in Fulton County

$

Restoration of historic dwelling to be used for museum for the City of Cuthbert

$

Improvements to multipurpose facility for the Harriett G. Darnell Senior Citizen Center in Fulton County

$

Contract for services with Columbus Youth Network

$

Paving parking lot at drivers license facility in Rock Spring $

Business incubator and job training for at-risk teenagers and

young adults in the City of Columbus

$

Purchase and install surface for Milton High School Track

in Fulton County

$

15,000 25,000 15,000 12,000 40,000 65,000 10,000 14,000 55,000 28,000 10,000 35,000
15,000
10,000
15,000
20,000 50,000 10,000
8,000 60,000
20,000

1842

JOURNAL OF THE HOUSE

City of Fairmont Purchase of Tractor with side mower and rear mower for the City of Fairmont

$

City of Atlanta

Contract for service with Simpson Road House of Hope for the City of Atlanta

$

City of Bowden Restoration and relocation of the first home in the City of

Bowdon and renovation and design historical park and

$

cemetery

City of Bowden Renovation of football bleachers, gates and press box, and ADA handicap gate at Bowdon High School

$

City of Milan Assistance in the relocation of the Milan Basketball Gym $

Cherokee County Purchase band uniforms for Etowah High School in

Board of

Cherokee County

$

Education

Columbus

Contract for services with Project Rebound for community

Consolidated based intervention program for students at-risk in the City $

Government of Columbus

DeKalb County Emergency funding for Reach School and Elaine Clarke Schools for special need students in DeKalb County

$

Dougherty

Contract for services with River Road, Inc. d/b/a SAFEC to

County

provide community social service programs in Dougherty $

County

Dougherty County

Day Care services for senior adults in Dougherty County $

Cherokee County Athletic improvements for the Etowah High School in

Board of

Cherokee County

$

Education

City of Rentz

Purchase of equipment and improvements for solid waste and fire department for the City of Rentz

$

City of Columbus

Contract with Men of Action, Inc. for mentoring program in the City of Columbus

$

Monroe County Repairs, renovations, equipment, and furnishings for Old

Board of

Hubbard Dormitory Building in Monroe County

$

Education

Baker County Contract with Georgia Empowerment and Resources to

Board of

promote growth and development of community and

$

Education

businesses in Baker County

City of Cadwell Purchase of equipment and improvements for the City of Cadwell

$

Gwinnett County Purchase outdoor activity equipment for Annistown

Board of

Elementary School in Gwinnett County

$

Education

27,000 20,000 15,000 40,000 20,000 12,000
50,000 40,000 10,000 15,000 12,000 20,000
5,000 10,000
25,000 15,000 30,000

MONDAY, MARCH 5, 2001

1843

DeKalb County Purchase signage for Rock Chapel Elementary school

Board of

grounds in DeKalb County

$

Education

Monroe County

Recreation park construction and improvements in Monroe County.

$

City of Donalsonville

Renovate and make streetscape improvements in the City of Donalsonville

$

DeKalb County

Contract for services with IAM, Inc. to provide tutorial and leadership programs for South DeKalb County

$

Columbus

Renovation of Memorial Stadium for expansion of facility

Consolidated and maintenance and operation of Adah-Air, Mack Pack $

Government Community Center in the City of Columbus

Laurens County

Fire department and solid waste improvements in the Cedar Grove Community in Laurens County

$

City of Cairo

Refurbishment and equipment for City of Cairo Movie House

$

Columbus

Youth mentoring program for the City of Columbus

Consolidated

$

Government

Jackson County Purchase of equipment for Harrisburg Volunteer Fire Department in Jackson County

$

DeKalb County Purchase of education supplies, robes and uniforms for the South DeKalb Youth Choir in DeKalb County

$

DeKalb County Purchase of band uniforms for Lithonia High School in

Board of

DeKalb County

$

Education

Bleckley County Improvements to the Bleckley County Courthouse

$

Dodge County Improvements in athletic program at Dodge County High

Board of

School

$

Education

Bleckley County Equipment for Sheriff's department in Bleckley County

$

Jones County

Purchase equipment for Tri-Community Volunteer Fire Department in Jones County

$

DeKalb County Purchase materials and supplies for media center at Forrest

Board of

Hill Elementary School in DeKalb County

$

Education

Bleckley County Construction project at Bleckley County High School

Board of

football stadium

$

Education

DeKalb County

Contract for services with Mothers Raising Sons, Inc. to purchase supplies and provide programs in DeKalb County

$

4,000 25,000 20,000 10,000 50,000 10,000 25,000 25,000 10,000
5,000 10,000 25,000 25,000 20,000
5,000 10,000
20,000 5,000

1844

JOURNAL OF THE HOUSE

DeKalb County Contract with S.E.E.D. Organization to provide employment training to youth in DeKalb County

$

DeKalb County Charter Education Seminars for students at Stephenson

Board of

Middle School in DeKalb County

$

Education

Telfair County Industrial development in Telfair County

Development

$

Authority

City of

Purchase mosquito spraying machine for the City of

Donalsonville Donalsonville

$

City of Atlanta Create new and upgrade existing baseball fields and

facilities at Mozley Park and Center Hill Park in the City of $

Atlanta

Monroe County Develop inspection and preservation plan for Monroe County Confederate Memorial Statue

$

DeKalb County Contract for services with Trinity Warriors Youth

Association to provide program and equipment needs in $

DeKalb County

City of Monticello

Develop inspection and preservation plan for the City of Monticello Confederate Memorial Statue

$

Gwinnett County Purchase educational materials equipment and capitol

Board of

improvements for Rockbridge Elementary in Gwinnett

$

Education

County

Monroe County Purchase of medical equipment for Monroe County Hospital

$

Wilkinson

Grading, base and paved parking area at Wilkinson County

County Board High School

$

of Education

DeKalb County

Neighborhood Beautification project for the Toney Gardens Civic Organization in DeKalb County

$

City of Plains Purchase and refurbish vehicle for the City of Plains

$

Jasper County Improvements, repairs, equipment, and renovations for

Board of

Rose Bowl Field in Jasper County

$

Education

Gwinnett County Purchase educational materials, equipment, and capitol

Board of

improvement for Nesbit Elementary in Gwinnett County $

Education

DeKalb County

Contract for services with Miller's Academy for after school program and school repairs in DeKalb County

$

City of Pine Lake

Restoration and reconstruction of historic lake in the City of Pine Lake

$

2,000 20,000
25,000 10,000 30,000
2,000 3,000 2,000 15,000 10,000 22,000
500 35,000 32,000
25,000 20,000 10,000

MONDAY, MARCH 5, 2001

1845

City of Atlanta Technology Learning Initiative for computer purchases at

Board of

Benjamin E. Mays High School in the City of Atlanta

Education

DeKalb County Neighborhood Beautification project for the Toney Valley

Civic Association in DeKalb County

City of

Stabilization of historical gym in City of Greenville

Greenville

Telfair County Purchase equipment for the Sheriff's Department and the

Probate Court in Telfair County

DeKalb County Contract for services with IAM, Inc. to provide tutorial and

leadership programs in DeKalb County

City of

Provide heat and air conditioning for municipal building in

Luthersville the City of Luthersville

City of Atlanta After school and summer school tutorial programs at

Board of

Kennedy Middle School in the City of Atlanta

Education

City of Atlanta Support services provided by NISSI Foundation to at-risk

individuals in the City of Atlanta

Morgan County Repair roof on old jail which is used as an archive for

Morgan County

Morgan County Renovation of historic Morgan County Courthouse

Clay County For the Clay County airport

Randolph

For the Randolph County airport

County

University of For the implementation of three leadership development

Georgia

strategies in partnership with the Georgia Academy for

Economic Development, the University of Georgia Office

of Public Service and Outreach and 4-H

Georgia

For state-wide education, training and on-site technical

Environmental assistance for water and wastewater operators in rural

Facilities

Georgia by the Georgia Rural Water Association

Authority

City of

For the Fitzgerald Municipal airport

Fitzgerald

Walker County For road maintenance in Walker County

Walker County For water line improvements in Walker County

Columbia

Appling Jail historic preservation

County

Clayton County Develop park in Clayton County

Emanuel County Contract for services with Emanuel County Joint

Development Authority

$ 10,000

$

500

$ 12,000

$ 25,000

$ 5,000

$ 10,000

$ 20,000

$ 20,000
$ 10,000 $ 10,000 $ 25,000 $ 25,000

$ 150,000

$ 125,000
$ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 25,000 $ 500,000

1846

JOURNAL OF THE HOUSE

City of Augusta Contract for services with the Augusta Mini Theater

$ 250,000

Pierce County Purchase buildings and equipment and capital

$ 35,000

improvements/renovations to the Pierce County Recreation

Department

Wayne County Purchase/install seats for the Wayne County High School $ 25,000

Board of

Auditorium

Education

Long County Construct football field for Long County High School

$ 25,000

Board of

Education

Southeast

Economic development on US441 for the Southeast Georgia $ 50,000

Georgia RDC RDC

Stephens County Building improvements to help house truck and equipment $ 10,000

in Stephens County

Stephens County Purchase equipment and office supplies for the Senior

$ 20,000

Citizens Center in Stephens County

Augusta/

Increase the programs and services at the Augusta Museum $ 25,000

Richmond

of History

County

Augusta/

Organizational support for the operation of the Lucy Craft $ 25,000

Richmond

Laney Museum of Black History in Richmond County

County

Augusta/

Purchase food for the poor in Augusta

$ 25,000

Richmond

County

City of Atlanta Residential improvement and economic development for the $ 25,000

Pittsburgh Community in the City of Atlanta

Hall County

Umbrella for Operation Center, Search and Rescue and

$ 35,000

radio room in Hall County

City of Waco Run water and sewer to new vocational/technical school in $ 300,000

the City of Waco

City of Bremen Expansion of Senior Citizens Complex in the City of

$ 200,000

Bremen

City of Warner Interactive equipment and operating expenses at the Air

$ 840,000

Robbins

Force Museum in Warner Robins

Cobb County Renovation and construction of athletic field at Kennesaw $ 35,000

Board of

Mountain High School in Cobb County

Education

Meriwether

Drivers education programs at Manchester and Greenville $ 36,000

County Board High Schools in Meriwether County

of Education

City of Columbus Contract for services with Community Health Services for $ 15,000

MONDAY, MARCH 5, 2001

1847

Columbus/ Muscogee County
Bibb County City of Albany

community health care in the City of Columbus Contract for services with Community Outreach Program $

Operating funds to Breezy Hill center for mentally retarded $

Contract for services with East Albany Service League

$

35,000
71,000 25,000

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 Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,256.49. 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 15, Department of Human Resources.

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

Standards

Maximum Monthly

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Asst. Group 1 2 3 4 5 6 7 8 9 10 11

of Need $ 235
356 424 500 573 621 672 713 751 804 860

Amount $ 155
235 280 330 378 410 444 470 496 530 568

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 45.

Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2002 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 2002 shall not exceed 13.1%.

MONDAY, MARCH 5, 2001

1849

Section 46.

Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 47.

Provisions Relative to Section 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 $6,000 for the taxable year beginning January 1, 2001.

Section 48.

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. 2002.

Section 49. Provisions Relative to Section 35, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

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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 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)(1), 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.

MONDAY, MARCH 5, 2001

1851

Provided further, that from the amount equal to all money derived from motor fuel taxes for the preceding fiscal year, there is appropriated the sum $31,000,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Tollway Authority for the construction and improvements to roads and bridges including related planning , engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $350,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 50.
In addition to all other appropriations for the State fiscal year ending June 30, 2002, 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 $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 51.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

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The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 52.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 53.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 54.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 55.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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

MONDAY, MARCH 5, 2001

1853

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 56.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2001 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.

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Section 57.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 58.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 59. Salary Adjustments.
In addition to all other appropriations, there is hereby appropriated $351,586,142 for the following purposes: 1.) To provide a general salary adjustment at a 3.5% funding level, for merit increases for individual employees of the Judicial, Legislative and Executive branches, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 2.) To provide for a cost of living adjustment of 3.5% for each state official including 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 calculated according to an effective date of October 1, 2001. 3.) To provide for a 4.5% 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 calculated according to an effective date of September 1, 2001. 4.) To provide for a 3.5% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2001. 5.) In lieu of item 1 above, to provide a 4.5% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose calculated to commence with the fall semester for contract academic personnel and calculated to commence October 1, 2001 for all other personnel. 6.) In lieu of item 1 above, to provide a 4.5% salary increase for public librarians with the appropriation for

MONDAY, MARCH 5, 2001

1855

this purpose calculated according to an effective date of September 1, 2001. 7.) In lieu of item 1 above, to provide for a 4.5% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001 and to provide for a 3.5% salary adjustment for support personnel with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 8.) In addition to any raises under item 1 above, to provide a general adjustment for employees of the Executive Branch earning below the Statewide Salary Plan target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 9.) In addition to items 1 and 8 above, to provide for a structural adjustment of minimum and maximum rates on the Statewide Salary Plan by 4% and to adjust the annual salaries of Executive branch employees earning below the adjusted structure target hire rate to the new target hire rate for their respective job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 10.) In addition to items 1 and 8 above, to provide for a 2% one-time lump sum payment for Executive Branch employees who "exceed expectations" under compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law, with the amount of the appropriation for this purpose calculated according to an effective date of the first pay period following October 1, 2001. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Human Resources, Division of Family and Children Services social services case manager and supervisor employees as follows: increase entry level salaries; provide a 5% supplemental in-range salary adjustment; provide a 5% salary adjustment for all case managers who perform child protection investigations and placement activities; and provide an additional 10% salary adjustment for social service case managers with a Masters Degree in Social Work. The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 12.) In addition to the general salary adjustment in items 1 and 8 above, to raise the salaries of Department of Public Safety sworn personnel to the following job classes or provide a 4% salary increase, whichever is greater: Police Corporal (grade 11); Process Server 2 (grade 11); Trooper Cadet (grade 11); Trooper (grade 14); Trooper First Class (grade 15); Corporal (grade 16); Sergeant (grade 17); Sergeant First Class (grade 18); First Lieutenant (grade 19); Captain (grade 20); and Major (grade 23). The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 11.) In addition to the general salary adjustment in items 1 and 8 above, to raise the salaries of Georgia Bureau of Investigation sworn personnel to the following job classes or provide a 4% salary increase, whichever is greater: Narcotic Agent (grade 14); Special Agent (grade 14); Senior Special Agent (grade 15); Principal Agent (grade 16); Assistant Special Agent in Charge (grade 18); Special Agent in Charge (grade 19) and Inspector (grade 20). The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 12.) In addition to the general salary

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adjustment in item 1 above, to provide a 3% supplemental salary adjustment for selected attorneys employed by the Department of Law, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 13.) In addition to items 1 and 8 above, to provide supplemental in-range salary adjustment for State Forestry Commission employees in ranger job classes, based on certification standards of the State Forestry Commission, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 14.) In addition to items 1 and 8 above, to provide a 4% funding level for supplemental salary adjustments for selected Public Service commission employees in the Chief Public Utilities Engineer, Pipeline Safety Inspector 1 , Pipeline Safety Inspector 2, Pipeline Safety Inspector 3, Utilities Analyst 1, Utilities Analyst 2 and Utilities Director job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 15.) In addition to the general salary adjustment in items 1 and 8 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 calculated according to an effective date of October 1, 2001

Section 60. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,446,828,905

Section 61.

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

Section 62.

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 175 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 175 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

MONDAY, MARCH 5, 2001

1857

The following amendment was read:

Representatives Williams of the 83rd moves to amend the Committee substitute to HB 175 by (removing from) state funds from the Office of the Governor Section 15, relating to State Fiscal year 2002 the figure $346,200 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$ 200,500

Computer Charges

$ 145,700

Total Funds State Funds

$ 346,200 $ 346,200

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

N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway

Y Cox N Crawford N Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis E Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers N Royal N Sailor Y Sanders

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Turnquest N Twiggs E Unterman N Walker, L Y Walker, R.L

1858
Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 61, nays 110. 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs E Unterman Y Walker, L

N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

MONDAY, MARCH 5, 2001

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1859
Y Walker, R.L Y Watson
West N Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 175 was ordered immediately transmitted to the Senate.

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.

Representative Knox of the 28th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 467. By Representatives Barnard of the 154th, Porter of the 143rd, Jamieson of the 22nd, Purcell of the 147th, DeLoach of the 172nd and others:
A RESOLUTION recognizing SPAGE/FGE Day at the State Capitol; and for other purposes.

HR 468. By Representatives Lunsford of the 109th and Jenkins of the 110th: A RESOLUTION honoring Dr. Benny Tate; and for other purposes.

HR 469. By Representative Parham of the 122nd: A RESOLUTION commending J. Floyd Harrington; and for other purposes.

HR 470. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A RESOLUTION expressing regret at the passing of Ray Reece; and for other purposes.

HR 471. By Representative Jenkins of the 110th:
A RESOLUTION recognizing and commending Charles Campbell; and for other purposes.

HR 472. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:

MONDAY, MARCH 5, 2001

1861

A RESOLUTION commending Charles Bruce Shoemaker; and for other purposes.

HR 473. By Representative Jenkins of the 110th:
A RESOLUTION recognizing and commending Rosa M. Braswell on her 80th birthday; and for other purposes.

HR 474. By Representative Ashe of the 46th: A RESOLUTION commending Ellis Mansfield; and for other purposes.

HR 475. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Watson of the 70th:
A RESOLUTION commending the Henry County Middle School eighth grade boys basketball team; and for other purposes.

HR 476. By Representatives Graves of the 125th, Reichert of the 126th, Porter of the 143rd, Randall of the 127th and Lucas of the 124th:
A RESOLUTION commending the Stratford Academy Eagles football team; and for other purposes.

HR 477. By Representative Hudgens of the 24th:
A RESOLUTION recognizing and commending Brooke Kesler; and for other purposes.

HR 478. By Representatives Brooks of the 54th, Holmes of the 53rd, Seay of the 93rd, Jordan of the 96th, Stanley of the 49th and others:
A RESOLUTION honoring Mrs. Mary Sallie Clark Hughes; and for other purposes.

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JOURNAL OF THE HOUSE

HR 479. By Representative Mosley of the 171st:
A RESOLUTION commending Mildred Ammons Sharpe; and for other purposes.

HR 480. By Representatives Scott of the 165th, Holland of the 157th and Hudson of the 156th:
A RESOLUTION recognizing March 30, 2001, as Prestolite Wire Corporation Day; and for other purposes.

HR 481. By Representative Reichert of the 126th: A RESOLUTION commending Sabrina Sikora; and for other purposes.

HR 482. By Representative Smith of the 91st:
A RESOLUTION recognizing and commending Sandra Caldwell Glass; and for other purposes.

HR 483. By Representative Parrish of the 144th:
A RESOLUTION recognizing and commending Miss Mary Frances Youmans; and for other purposes.

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux

Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart

Y Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye

Y Mueller Orrock
Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell
Ragas Y Randall

Y Smith, C Smith, C.W Smith, L
Y Smith, P Smith, T
Y Smith, V Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley

Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell
Childers Coan E Coleman, B Y Coleman, T Y Collins Y Connell Cooper

MONDAY, MARCH 5, 2001

Epps Y Everett Y Floyd Y Forster
Franklin Golick Y Graves Y Greene Y Hammontree Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas
Lunsford Maddox Y Mangham E Mann Y Manning Y Martin Massey Y McBee McCall McClinton Y McKinney Millar Mills Mobley Morris Y Mosley

Y Ray Reece Reed Reese Reichert
Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper Smith, B

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Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 120, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Lunsford of the 109th and Ray of the 128th 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 558. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
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 certain sales to nonprofit organizations providing services to mentally retarded persons; and for other purposes.

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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:

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan E Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes Y Ehrhart Epps Y Everett Y Floyd Y Forster Y Franklin Golick Y Graves Y Greene Y Hammontree Hanner Harbin Y Harrell Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord
Lucas Y Lunsford Y Maddox
Mangham E Mann Y Manning Y Martin
Massey Y McBee
McCall Y McClinton
McKinney Millar Y Mills Y Mobley Morris Y Mosley

Y Mueller Orrock
Y Parham Y Parrish
Parsons Pelote Y Pinholster Y Poag Y Porter Powell Y Purcell Ragas Y Randall Ray Reece Reed Reese Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper Smith, B

Y Smith, C Smith, C.W Smith, L
Y Smith, P Smith, T Smith, V Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Bannister of the 77th, Davis of the 60th, Parsons of the 40th, Ray of the 128th, Reese of the 85th, Scott of the 165th, Smith of the 169th and Wix of the 33rd

MONDAY, MARCH 5, 2001

1865

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 532. By Representatives Hugley of the 133rd, Taylor of the 134th, Skipper of the 137th and Heard of the 89th:
A BILL to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide mandatory suspension of professional licenses for default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes Y Ehrhart Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Hanner Y Harbin Y Harrell Heard Y Heckstall Y Hembree Henson Y Hines

Y Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton

Y Mueller Orrock
Y Parham Y Parrish
Parsons Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Sanders Y Scheid Scott Y Seay Y Shanahan

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles

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Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 169th 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 723. By Representatives Stallings of the 100th, West of the 101st, Henson of the 65th, Unterman of the 84th, Yates of the 106th and others:
A BILL to amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, so as to provide for additional powers of the commission; and for other purposes.

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

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

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Orrock
Y Parham Y Parrish
Parsons Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese

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

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, MARCH 5, 2001

Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay
Shanahan Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

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Y Taylor Teague
Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Bannister of the 77th, Davis of the 60th, Parsons of the 40th, Shanahan of the 10th 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.

HB 734. By Representative Skipper of the 137th:
A BILL to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to hiring out of penal system inmates, so as to provide that inmates may be allowed to provide volunteer services for programs of certain nonprofit organizations to the extent authorized by the rules and regulations of the Board of Corrections; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to

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hiring out of penal system inmates, so as to provide that inmates may be allowed to provide volunteer services for programs of certain nonprofit organizations to the extent authorized by the rules and regulations of the Board of Corrections; 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 42-5-60 of the Official Code of Georgia Annotated, relating to hiring out of penal system inmates, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a)(1) The board shall provide rules and regulations governing the hiring out of inmates by any penal institution under its authority to municipalities, cities, the Department of Transportation, and any other political subdivision, public authority, public corporation, agency, or state or local government, which entities are authorized by this subsection to contract for and receive the inmates. Such inmates shall not be hired out to private persons or corporations, nor shall any instrumentality of government authorized by this subsection to utilize penal labor use such labor in any business conducted for profit, except as provided in Code Section 42-5-59; provided, however, inmate that:
(A) Inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the department may repair or otherwise utilize any privately owned property or equipment as well as any other property or equipment in connection with the activities of any such training program, so long as the repair or utilization contributes to the inmates acquisition of any desired vocational, technical, or educational skills; and (B) To the extent authorized by the rules and regulations of the board, inmates may be allowed to participate in programs of volunteer service as authorized by this subparagraph. The rules and regulations of the board shall prescribe criteria for nonprofit organizations eligible to receive volunteer services. Such criteria shall require that any participating nonprofit organization be qualified as exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 and shall give consideration in determining eligibility to the nonprofit organizations history of service activities and the length of time for which it has been in existence and providing such services. Any such volunteer service program shall include elements whereby the volunteer inmates provide services of benefit to the community while receiving training or work experience suitable for their rehabilitation. The board may authorize such voluntary inmate participation, notwithstanding the fact that the nonprofit organization may receive direct or indirect payment as a result of such inmate participation; notwithstanding the fact that the services rendered may provide some degree of benefit to private individuals or organizations or both; and notwithstanding the fact that some inmate participation may take place outside the confines of a penal institution.

MONDAY, MARCH 5, 2001

1869

(2) Notwithstanding any other provisions of this subsection, any private person, organization, or corporation with whom the commissioner has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, care, and control of inmates as authorized by Code Section 42-2-8 may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the board. Agreements made pursuant to Code Section 42-2-8 for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the same."
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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Y Byrd Y Callaway Y Campbell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Hanner Y Harbin Y Harrell Y Heard Y Heckstall

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson

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Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McBee McCall
Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 190. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Buck of the 135th, Cummings of the 27th and others:
A BILL to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to create the Commission for the Celebration of 250 Years of Representative Government in Georgia; to provide for the membership of the commission and the powers and duties of the commission and the Secretary of State; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to create the Commission for the Celebration of 250 Years of Representative Government in Georgia; to provide for the membership of the commission and the powers and duties of the commission and the Secretary of State; to provide for expenses; to provide for matters relating to the celebration of 250 years of representative government in Georgia; to provide an effective date; to provide for abolition of the commission; to provide for the repeal of the laws relating to such commission and the powers and duties of the commission and the powers and duties of the Secretary of State connected with such celebration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 5, 2001

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SECTION 1. Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, is amended by adding at the end of said article a new Code Section 45-13-29 to read as follows:
"45-13-29. (a) There is created the Commission for the Celebration of 250 Years of Representative Government in Georgia. The commission is created for the purpose of ensuring a proper recognition of 250 years of representative government in this state. The commission shall be composed of the Secretary of State, three members appointed by the Governor, three members appointed by the Lieutenant Governor, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Secretary of State. The Secretary of State shall serve as chairperson. In appointing members of the commission, the appointing authorities shall include representatives of the Georgia Humanities Council, the Georgia Historical Society, the Carl Vinson Institute of Government, and other organizations, governmental bodies, and entities having an interest in the history and function of representative government in Georgia. (b) The commission shall carry out the plans recommended by the Committee for the Celebration of 250 Years of Representative Government in Georgia, created pursuant to a resolution approved May 1, 2000 (Ga. L. 2000, p. 1892), coordinate appropriate measures, activities, and observances to celebrate the 250th anniversary of the establishment of elected representative government in Georgia, and recommend any actions or legislation which the commission deems appropriate. The commission is authorized to adopt a logo or mark and authorize its use in connection with events, projects, advertising, public service announcements, educational materials, and other appropriate uses. The commission is authorized to encourage, assist, and coordinate the activities of the departments, agencies, and educational institutions of this state and associations, societies, business entities, groups, and individuals to ensure an appropriate celebration of this anniversary and to provide coordination, advice, and encouragement to local governments and school systems in recognizing this anniversary. The commission shall promote and assist in the publicizing of the events surrounding the establishment of representative government in Georgia. The commission is authorized to enter into contracts with state and local governments, school systems, institutions of higher education, and private parties in connection with the powers and duties of the commission. The commission and the Secretary of State are authorized to accept gifts, grants, and appropriations from any source, public or private, and to use the proceeds therefrom for the purposes of the commission. Any funds of the commission remaining unexpended on January 8, 2002, shall be deposited in the general fund of the state treasury. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its

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powers, perform its duties, and accomplish the objectives and purposes of this Code section. (d) The members of the commission who are not otherwise employees or officials of the state are authorized to receive the daily expense allowance authorized by subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated for each day actually spent in attending meetings of the commission but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this Code section shall come from the funds appropriated or otherwise available to the commission or the Secretary of State for such purpose. (e) The commission created by this Code section shall stand abolished on January 8, 2002. This Code section shall be repealed on January 8, 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.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Turnquest

Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, MARCH 5, 2001

Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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 725. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Royal of the 164th and Parrish of the 144th:
A BILL to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt employee purchase programs facilitated by the Georgia Technology Authority from the prohibition on personal purchases throught the authority; to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions, so as to authorize any department, agency, authority, or political subdivision of this state to deduct designated amounts from the salaries or wages of its employees for the purpose of payment of indebtedness for certain employee purchase porgrams facilitated by and through the Georgia Technology Authority; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt certain employee purchase programs facilitated by the Georgia Technology Authority from the prohibition on personal purchases through the authority; to amend Article 3 of Chapter 7 of Title 45 of the

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Official Code of Georgia Annotated, relating to salary deductions, so as to authorize certain public employers to deduct designated amounts from the salaries or wages of its employees for the purpose of payment of indebtedness for certain employee purchase programs facilitated by and through the Georgia Technology Authority; to provide procedures, conditions, and limitations; 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 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, is amended by striking Code Section 50-25-7.9, relating to purchase of articles for personal or individual ownership, and inserting in lieu thereof a new Code Section 50-25-7.9 to read as follows:
"50-25-7.9. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to any official employee purchase program for personal computing and computer related equipment facilitated by and through the authority for state employees and public school employees of county or independent boards of education."
SECTION 2. Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-7-56, to read as follows:

MONDAY, MARCH 5, 2001

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"45-7-56. (a) As used in this Code section, the term 'local unit of administration' means any county or independent board of education. (b) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for the purchase of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority. (c) Any department, agency, authority, or commission of the state or any local unit of administration is authorized to deduct designated amounts from the wages or salaries from its employees for the purpose of facilitating employee purchases of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority. No such deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such salary reduction with two weeks written notice; provided, however, that such withdrawal shall not relieve any employee of any outstanding indebtedness incurred under such purchase program.
(d)(1) The fiscal authorities or other employees of the various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee. (2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 141st, Smith of the 175th and Skipper of the 137th move to amend the Committee substitute to HB 725 as follows:

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By adding a new subsection (e) after line 7 on page 3 to read as follows:
"(e) If a state employee or public school employee leaves employment, for any reason, and a balance is owing for the computer or equipment, then, in that event, the state or board of education, or the State Retirement System, shall have the right and obligation to deduct the balance owing from any funds under the control of the state, or board of education, or State Retirement system to which said employee would otherwise be entitled."

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 725 as follows:
Page 3, after line 7, insert
"Section 3" "All bids, requests for proposals, or similar offerings and all subsequent contracts awarded under 50-25-7.9 (e) shall be with Georgia based companies or distributors."
Renumber accordingly.

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

N Allen Y Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck

Y Cox N Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett
Floyd Y Forster Y Franklin N Golick

N Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis E Lord

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall Y Ray N Reece N Reed Y Reese N Reichert Y Rice

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor
Teague

N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper

MONDAY, MARCH 5, 2001

Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

1877
N Teper Tillman
N Turnquest N Twiggs E Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 59, nays 111. The amendment was lost.

The following amendment was read:

Representatives Brown of the 130th, Smith of the 91st and Williams of the 83rd move to amend the Committee substitute to HB 725 by adding the following sentence on page 2, line 11, in Section 1 after the word "education." and on page 2, line 27 in Section 2 after the word "Authority":
"The employee purchase program shall provide the choice for employees to purchase personal computing and computer related equipment from any private sector computer dealer who agrees to the general equipment and pricing specifications and employee deduction and payment arrangements agreed upon by the Georgia Technology Authority and any vendor in facilitating the program."

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard

Y Cox N Crawford
Cummings Y Davis Y Day N Dean

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James

Y Mueller N Orrock N Parham N Parrish N Parsons
Pelote

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

1878
N Barnes N Bell N Birdsong Y Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett
Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis E Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall
Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor
Teague N Teper Y Tillman N Turnquest N Twiggs E Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 67, nays 102. The amendment was lost.

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 Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong

N Cox Y Crawford Y Cummings Y Davis N Day Y Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow

Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

MONDAY, MARCH 5, 2001

Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Johnson Y Jordan Y Joyce N Kaye Y Keen N Knox Y Lane Y Lanier N Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

1879
Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 744. By Representatives Coleman of the 142nd, Morris of the 155th, Floyd of the 138th, Purcell of the 147th, Skipper of the 137th and others:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; and for other purposes.

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

1880
Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T N Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster N Franklin Y Golick N Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce N Kaye Y Keen
Knox Y Lane
Lanier Y Lewis E Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed
Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates Murphy, Speaker

On the passage of the Bill, the ayes were 138, nays 19. The Bill, having received the requisite constitutional majority, was passed.

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 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.

MONDAY, MARCH 5, 2001

1881

HB 631. By Representatives Reed of the 52nd and Campbell of the 42nd:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of photographs of dead bodies of homicide victims absent a release from the deceased's heirs; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of photographs of dead bodies of homicide victims absent a release from the deceased's spouse, parents, or adult children; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy;. For purposes of this subsection, photographs of bodies of homicide victims taken as part of a closed law enforcement investigation of the homicide are exempt from publication of any kind unless the photographs are specifically released by the deceaseds spouse, parent, or adult children. The party requesting the photographs shall have the duty of securing a written release from the deceaseds spouse, if any, and if none, the surviving parents, and if not living, then a majority of the adult children of the deceased;"
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.

1882

JOURNAL OF THE HOUSE

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd E Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis E Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
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 N Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed
Reese N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor
Teague N Teper Y Tillman Y Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative McClinton of the 68th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 5, 2001

1883

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

HR 214. By Representatives Randall of the 127th, Reichert of the 126th, Lucas of the 124th, Graves of the 125th, Jordan of the 96th and others:
A RESOLUTION commending Mr. Larry Tharpe and inviting him to appear before the House of Representatives; and for other purposes.

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 633 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 473 HB 554 HB 618 HB 619

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

HB 651 Do Pass, by Substitute HB 718 Do Pass HB 724 Do Pass, by Substitute

1884

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Jamieson of the 22nd
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 140 Do Pass HB 809 Do Pass
Respectfully submitted, /s/ Hudson of the 156th
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 642 Do Pass, by Substitute HB 747 Do Pass, by Substitute

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

MONDAY, MARCH 5, 2001

1885

Representative Snow of the 2nd 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 678 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 2nd
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 657 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and 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:

1886 HB 791 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 490 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.

TUESDAY, MARCH 6, 2001

1887

Representative Hall, Atlanta, Georgia Tuesday, March 6, 2001
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 Thomas M. Pipkin, Pastor, Clairmont Presbyterian Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative West of the 101st, Secretary 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.

1888

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 830. By Representative Amerson of the 7th: A BILL to create the City of Dahlonega Water and Sewerage Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 831. By Representatives Hines of the 38th, Parsons of the 40th, Wiles of the 34th, Wix of the 33rd, Johnson of the 35th 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 832. By Representative McCall of the 90th: A BILL to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 833. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A BILL to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; and for other purposes.

TUESDAY, MARCH 6, 2001

1889

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

HB 834. By Representatives Cash of the 108th, Sanders of the 107th and Lunsford of the 109th:
A BILL to provide a homestead exemption from Henry County school district ad valorem taxes for educational purposes in the amount of $20,000.00 for residents of that school district who are 62 years of age but below 65 years of age, $80,000.00 for residents of that school district who are 65 years of age but below 68 years of age, $120,000.00 for residents of that school district who are 68 years of age but below 70 years of age, and for the full value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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

HB 835. By Representative Hudgens of the 24th:
A BILL to amend an Act creating and incorporating the City of Comer, so as to change the provisions relating to filling vacancies in the office of mayor or councilperson; and for other purposes.

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

HB 836. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A BILL to provide for a homestead exemption from all City of Canton ad valorem taxes for municipal purposes in the amount of $112,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older or disabled; and for other purposes.

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

HB 837. By Representatives Howard of the 118th, Allen of the 117th, Anderson of the 116th, Burmeister of the 114th, DeLoach of the 119th and others:

1890

JOURNAL OF THE HOUSE

A BILL to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of the judge of the probate court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 838. By Representative Shaw of the 176th: A BILL to amend an Act providing a new charter for the City of Fargo, so as to change the corporate limits of the city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 839. By Representatives Day of the 153rd, Mueller of the 152nd and Joyce of the 1st: 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 state-wide and congressional offices; to provide a short title; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 840. By Representatives Lunsford of the 109th, Jenkins of the 110th, Sanders of the 107th, Yates of the 106th, Cash of the 108th and others: A BILL to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide a method of compensating the members of the Board of Education of Lamar County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 6, 2001

1891

HB 841. By Representatives DeLoach of the 172nd, Jamieson of the 22nd, Walker of the 141st, Coleman of the 142nd, Smith of the 102nd and others:
A BILL to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment of school personnel, so as to change certain provisions relating to the regulation of certificated professional personnel by the Professional Standards Commission; to change certain provisions relating to annual performance evaluations and salary schedules; and for other purposes.

Referred to the Committee on Education.

HB 842. By Representatives Walker of the 141st, Cummings of the 27th, Shanahan of the 10th, Skipper of the 137th, Lunsford of the 109th and others:
A BILL to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that state court clerks may be members of such retirement fund; to define certain terms; to change the membership of the board of commissioners of such retirement fund; to increase the annual allowable cost of living increase in benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 843. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
A BILL to amend Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to terms of office, vacancies, and removal of members of county boards of tax assessors, so as to change the length of all appointments or reappointments of such members on or after July 1, 2001; and for other purposes.

Referred to the Committee on Ways & Means.

HB 844. By Representatives Day of the 153rd, Pelote of the 149th, Stephens of the 150th and Jenkins of the 110th:

1892

JOURNAL OF THE HOUSE

A BILL to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to issuance of marriage licenses, so as to change the persons to whom such licenses may be directed; to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipalities, so as to authorize mayors to perform marriage ceremonies; and for other purposes.
Referred to the Committee on Judiciary.
HB 845. By Representatives Wix of the 33rd, Manning of the 32nd, Johnson of the 35th, Collins of the 29th, Golick of the 30th 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 846. By Representative Hugley of the 133rd:
A BILL to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 847. By Representatives Smith of the 12th, Childers of the 13th and Reece of the 11th:
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 provide for a homestead exemption for persons who are 62 to 64 years of age and whose household income does

TUESDAY, MARCH 6, 2001

1893

not exceed $25,000.00; to provide for a homestead exemption for persons who are 65 years of age or older regardless of income; and for other purposes.

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

HB 848. By Representatives Snelling of the 99th, Jamieson of the 22nd and Smith of the 12th:
A BILL to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certain public school employees, so as to provide that a local school system may pay the first salary payment on the last day of the month in which service is rendered; and for other purposes.

Referred to the Committee on Education.

HB 849. By Representatives Rogers of the 20th, Bell of the 25th, Mills of the 21st and Smith of the 19th:
A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent 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 62 years of age or older and whose annual household income does not exceed $12,000.00, so as to provide a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00; and for other purposes.

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

HB 850. By Representative Stephens of the 150th:
A BILL to amend an Act creating a charter for the City of Bloomingdale, so as to change the provisions relating to the time of municipal elections, the

1894

JOURNAL OF THE HOUSE
taking of office, the qualification of candidates, and the terms of office of the mayor and councilmembers; and for other purposes.

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

HB 851. By Representatives Mobley of the 69th, Mangham of the 75th, Turnquest of the 73rd and Drenner of the 66th:
A BILL to amend Code Section 40-5-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle drivers' licenses, so as to change certain provisions relating to the definition of "resident"; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 852. By Representatives Callaway of the 81st, Campbell of the 42nd, Burmeister of the 114th, Hines of the 38th, Forster of the 3rd and others:
A BILL to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, the "Computer Pornography and Child Exploitation Prevention Act of 1999," so as to increase penalties for certain violations relating to using a computer on-line service, Internet service, or local bulletin board service or allowing the use of such a service to entice a child or a person believed to be a child to commit certain sexual offenses or to engage in conduct which is an unlawful sexual offense against a child; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 465. By Representatives Lunsford of the 109th, Cash of the 108th, Watson of the 70th, Shanahan of the 10th, Childers of the 13th and others:
A RESOLUTION urging persons who supervise employees of the state to warn them regarding use of state stationery and postage; and for other purposes.

TUESDAY, MARCH 6, 2001 Referred to the Committee on Rules.

1895

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 Committee:

HB 862. By Representatives Day of the 153rd, Stephens of the 150th, Jackson of the 148th and Mueller of the 152nd:
A BILL to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 863. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 864. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

1896

JOURNAL OF THE HOUSE

HB 865. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 866. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 867. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 868. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 869. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 870. By Representatives Day of the 153rd, Stephens of the 150th, Jackson of the 148th and Mueller of the 152nd:
A BILL to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to provide for eligibility without application; and for other purposes.

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

HB 871. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A BILL to amend an Act providing for an adjusted base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to provide for eligibility without application; and for other purposes.

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:

1898
HB 816 HB 817 HB 818 HB 819 HB 820 HB 821 HB 822 HB 823 HB 824 HB 825 HB 826 HB 827 HB 828 HB 829 HR 455 HR 456 HR 457 HR 458

JOURNAL OF THE HOUSE
HR 459 HR 460 HR 463 HR 464 HR 466 HR 484 SB 40 SB 99 SB 135 SB 150 SB 155 SB 196 SB 198 SB 207 SB 214 SB 243 SB 248

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 700 Do Pass HR 437 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and 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 705 HB 773 HB 793 HB 795 HB 796 HB 797 HB 798

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 807 HB 808 HB 811 HB 815 SB 58 SB 240

Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute

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

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and 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 780 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 TUESDAY, MARCH 6, 2001

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 70

Designate; Bill Stanfill Highway in Grady County

DEBATE CALENDAR

HB 28 HB 127 HB 152 HB 189 HB 191 HB 290 HB 337 HB 413 HB 461 HB 525 HB 541 HB 615 HB 636 HB 641 HB 656 HB 673 HB 686 HB 698 HB 701 HB 784 HR 141 HR 252
SR 80

Drivers' licenses; remote renewal; electronic submission Juvenile courts; amend provisions Industrial loans; change fees and late fees; increase monthly charge Motor vehicles; traffic violations; prosecution Uniform Commercial Code; secured transactions; enact Sales tax; exempt certain sales to churches Tax sales; excess funds; payment Penal institutions; private detention facilities; prohibitions Volunteer firemen; certain injuries; temporary disability compensation Health insurance; maternity benefits; notices Probate courts; fees and costs Anatomical gifts; donees; certain written disclosures Shrimping; foot-rope length maximum; exceptions Cosmetologists; registration; qualifications Education Reform Act of 2000; amend provisions Fire protection; smoke detectors; nursing homes Child advocate; motion to quash subpoenas; provisions Historic preservation; archeological artifacts; state archeologist's duties Fair business practices; career consulting firm; administrator's authority Physicians; office based surgical settings; regulate Kirkland, Bobby W. and Carolyn; compensate Dillard Bluegrass & Barbeque Festival; designate "Kansas City Barbeque Society Georgia State Championship" Property Conveyance; surplus DOT property; sell to Georgia Tech Foundation

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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1901

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 705. By Representatives Mills of the 21st and Smith of the 19th:
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 income limitation of the existing exemption; to provide for a new exemption for certain residents of that school district who are 75 years of age or older; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 773. By Representatives Johnson of the 35th, Hines of the 38th, Cooper of the 31st, Manning of the 32nd, Parsons of the 40th 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; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 793. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change the compensation of the mayor and commissioners; and for other purposes.

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

HB 795. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Towns County; and for other purposes.

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

HB 796. By Representative Channell of the 111th:
A BILL to amend an Act creating the Greene County Family Connection Commission, so as to add a member; and for other purposes.

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

HB 797. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
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; and for other purposes.

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

HB 798. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Union County; and for other purposes.

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

HB 807. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to create the Laurens County Public Facilities Authority; and for other purposes.

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

HB 808. By Representatives Bohannon of the 139th, Walker of the 141st 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; and for other purposes.

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

HB 811. By Representative Crawford of the 129th:
A BILL to amend an Act creating the Pike Clean and Beautiful Authority, so as to change the name of the authority to the Keep Pike Beautiful Authority; to change the method of appointment of the members of the authority; to delete provisions relating to an executive director; and for other purposes.

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

HB 815. By Representative Barnard of the 154th:
A BILL to provide a new charter for the City of Daisy; and for other purposes.

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

SB 58.

By Senator Jackson of the 50th:
A bill to be entitled an Act to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To create the Board of Commissioners of Lumpkin County to be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissioners shall each reside in one of four districts and be elected at large; to provide for terms of office; to provide for qualifications; to provide for commissioner districts; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditures of county funds; to provide for audits of county finances and financial records; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for other related matters; to provide for effective dates and automatic repeal; to repeal in its entirety an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, if more than one-half of the votes cast in a special referendum election are for approval of changing the governing authority of Lumpkin

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County to a five-member board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
(a) There is created the Board of Commissioners of Lumpkin County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Lumpkin County and shall continue to have the obligations and liabilities of the commissioner of Lumpkin County as they existed immediately prior to January 1, 2005. The board of commissioners shall constitute the governing authority of Lumpkin County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term "board," whenever used in this Act, shall mean the Board of Commissioners of Lumpkin County, including the chairperson and all members. (b) The Board of Commissioners of Lumpkin County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (c) of this section but shall be elected at large as provided in Section 1-2 of this Act. The chairperson shall be elected at large as provided in Section 1-2 of this Act. (c) For the purpose of electing members of the board of commissioners, Lumpkin County shall be divided into four commissioner districts. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Lumpkin County contained in the description attached to this Act and made a part hereof and further identified as: "Operator: local Client: lumpkin Plan: lumpcc01." (d) For purposes of the commissioner districts described as provided by subsection (c) of this section:
(1) The terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) Any part of Lumpkin County which is not included in any commissioner district described as provided by subsection (c) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (3) Any part of Lumpkin County which is described as provided by subsection (c) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included with that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

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SECTION 1-2. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board for a commissioner district, a person must be 21 years of age or older, must reside in that district, must have resided in Lumpkin County for at least 12 months prior to election to such office, and must receive the requisite number of votes cast for that office by the electors of the entire county. At the time of qualifying for election as a candidate for such office, each candidate shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board for a commissioner district must continue to reside in that district during that persons term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Lumpkin County for at least 12 months prior to election to such office, may reside anywhere within Lumpkin County, and must receive the requisite number of votes cast for that office by the electors of the entire county. The chairperson must continue to reside within Lumpkin County during that persons term of office or that office shall thereupon become vacant.
SECTION 1-3. (a) At the general election held in November, 2004, the chairperson and commissioners for all commissioners districts shall be elected. The chairperson and commissioners for Commissioner District No. 1 and Commissioner District No. 2 elected in 2004 shall take office on the first day of January in the year following their election and shall serve for terms of four years and until their successors are duly elected and qualified. The commissioners for Commissioner District No. 3 and Commissioner District No. 4 elected in 2004 shall take office on the first day of January in the year following their election and shall serve for initial terms of two years and until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners for commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms of four years and until their successors are duly elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 1-4. (a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other then expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when 90 days or more remain in the unexpired term of office, the election superintendent of Lumpkin County,

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within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 90 days remain in the unexpired term of office, the position shall remain vacant until the election. Immediately after being elected, the newly elected commissioner to an office that has been vacated shall be sworn in and take office. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairpersons vote would affect the outcome of any vote or issue before the board.
SECTION 1-5. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judges successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.
SECTION 1-6. (a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $800.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which has been approved in advance, in writing, by the chairperson upon presentation of a signed voucher setting forth the expenses anticipated for such travel. Reimbursement will be made upon presentation to and approval by the board of a signed voucher with receipts attached setting forth the expenses incurred in such travel.

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(b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $1,250.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. The chairperson shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties upon presentation to and approval by the board of a signed voucher with receipts attached setting forth the expenses incurred in such travel.
SECTION 1-7. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. When the vice chairperson presides at a meeting, he or she shall be entitled to vote on a question only if the vote would affect the outcome of a vote or an issue before the board. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 1-8. The board of commissioners shall hold a minimum of one regular meeting and one work session each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairpersons vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Roberts Rules of Order.
SECTION 1-9. The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 1-8 of this Act; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions;

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(4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the board of commissioners; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 1-10. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefitted property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board of commissioners for subdivisions have been met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) Except as otherwise provided in this Act, to exercise all of the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and

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(18) To hire a county manager and provide for his or her compensation.
SECTION 1-11. Formal sealed bids shall be received for all purchases in amounts over $2,500.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Lumpkin County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Notice of such emergency expenditures shall be published in the official organ of Lumpkin County within two weeks of the expenditure.
SECTION 1-12. The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their function transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 1-13. The board of commissioners shall employ a county manager having at least a bachelors degree in public administration or a related field and at least four years experience in county or city management. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance; (3) To exercise managerial authority and supervision over the county managers staff and all department heads under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions, but having no vote; and to prepare an agenda for each meeting of both new and unresolved business that includes issues recommended by individual commissioners; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;

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(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners; (8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of such position; (12) To act as the clerk of the Board of Commissioners of Lumpkin County with the authority to delegate the administrative duties of such position; (13) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and (14) To cooperate with elected and appointed county officers in management of the countys affairs.
SECTION 1-14. The clerk of the board of commissioners shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 1-15. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section. (b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Lumpkin County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall

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review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year to which it applies. (c) The final budget adopted by the board shall constitute the boards appropriation of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the boards taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Lumpkin County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriation shall be made without provision also being made to finance such increase. (d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Superior Court of Lumpkin County then in session.
SECTION 1-16. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.
SECTION 1-17. The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Lumpkin County and posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Lumpkin County a copy of each annual report furnished by said accountant to the board of commissioners.

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PART II SECTION 2-1.

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

SECTION 2-2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lumpkin County for approval or rejection. The election superintendent shall conduct this election on the date provided by law for the conduct of special elections in November, 2002. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the governing authority of Lumpkin County be changed to a five-member board of commissioners to be composed of a chairperson and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commissioners?"

If more than one-half of the votes cast are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, then this Act shall become effective as provided in Section 2-3. If more than one-half of the votes cast reject changing the governing authority of Lumpkin County to a five-member board of commissioners, then this Act shall be automatically repealed following the election. The expense of such election shall be borne by Lumpkin County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 2-3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purpose of conducting the special election provided for in Section 2-2 of this Act. If more than one-half of the votes cast in such special election provided for in Section 2-2 of this Act are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, this Act shall become effective on January 1, 2004, for the purpose of conducting the election of the initial members of the Board of Commissioners of Lumpkin County at the November, 2004, general election as provided in Section 1-3 of this Act and shall become effective for all purposes on January 1, 2005.

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SECTION 2-4. If more than one-half of the votes cast in such special election provided for in Section 2-2 of this Act are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, is repealed on January 1, 2005.
SECTION 2-5. 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.
SB 240. By Senators Lamutt of the 21st, Gingrey of the 37th, Tanksley of the 32nd and Tate of the 38th:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), so as to change certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), so as to change certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p.

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3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), is amended by striking Section 20 in its entirety and inserting in lieu thereof the following:

"SECTION 20. Each party at the time of filing an action or proceeding of any character in the State Court of Cobb County, irrespective of how it shall be terminated, shall deposit with the clerk of said court the total cost, which shall include judgment and all fees required by law to be paid by the clerk out of said costs, to be determined as follows:

Civil actions of every character (includes suits, all garnishments, proceedings against tenants holding over, foreclosures of personalty, distress warrants, and any other action which by law may be filed in the State Court of Cobb County) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$50.00

Third party complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Garnishment reissue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00

Plaintiffs traverse of garnishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Exemplified copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00

Certified copy--stamp and seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.00

Plus each page copied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.25

Alias fi. fa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00

Rush papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00

Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00

Preparing Department of Public Safety letter . . . . . . . . . . . . . . . . . . . . . . .

5.00

All bonds filing and approving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Motion for a new trial and docketing same . . . . . . . . . . . . . . . . . . . . . . . . .

15.00

Motion for judgment notwithstanding the verdict and docketing same . . . . 15.00

Affidavit where no cause is pending. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Each subpoena issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.00

The clerk shall not be required to file any of the above documents until the full cost has been paid.

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The clerk may charge and collect the same fees clerks of the superior courts are authorized to charge and collect under Chapter 6 of Title 15 of the O.C.G.A., for any fee not specified in this Act. The marshal may charge and collect the same fees that the sheriff or marshal are authorized to charge and collect under Chapter 16 of Title 15 of the O.C.G.A. Provided, further, the clerk of said court is hereby authorized to deduct from the total costs of each and every suit or proceeding filed in said court and pay to the treasurer of the Cobb County Law Library the amount as by law provided to be withheld. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such service. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County."
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.

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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux

Y Cox Crawford
Y Cummings Davis
Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Ehrhart

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Kaye

Mueller Y Orrock
Parham Parrish Y Parsons Y Pelote Y Pinholster Poag Porter Y Powell Y Purcell Y Ragas Y Randall

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Stancil Y Stanley

Y Borders Bridges
Y Brooks Y Broome Y Brown
Buck Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister Byrd Y Callaway Y Campbell Y Cash Channell Childers Y Coan Y Coleman, B Coleman, T Y Collins Y Connell Cooper

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Y Epps Everett
Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines
Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Ray Y Reece
Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Skipper Y Smith, B

1917
Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Teague Teper Y Tillman E Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 124, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Crawford of the 129th and Porter of the 143rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following bills of the Senate and House:

SB 46.

By Senators Thomas of the 2nd and Johnson of the 1st: A bill to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the

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Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to change certain time limits; to change the time within which the tenant must file an answer; to change the provisions relating to defenses and counterclaims; to change the provisions relating to tenders of rents owed and costs; to change the period for payments pursuant to court orders; to change the provisions relating to tenants remaining in possession; to change the provisions relating to payments into court; to change certain provisions relating to writs of possession and their effective dates; to change the provisions relating to appeals, the filing thereof, and supplementing the record; to repeal conflicting laws; and for other purposes.
SB 59. By Senators Cheeks of the 23rd and Streat of the 19th:
A bill to be entitled an Act to amend Code Section 32-6-75 of the O.C.G.A., relating to restrictions on outdoor advertising authorized to be erected near the edge of the right of way of the interstate system or primary highways in this state and multiple message signs on the interstate system, primary highways, and other highways, so as to change the method of measuring the distance of certain signs from the edge of the right of way; to direct the Department of Transportation to modify the states agreement with the United States secretary of transportation to conform to such changes; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; to reduce the allowable minimum distance between such signs; to repeal conflicting laws; and for other purposes.
SB 61. By Senators Streat of the 19th, Tate of the 38th, Cheeks of the 23rd, Butler of the 55th and Bowen of the 13th:
A bill to be entitled an Act 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; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 71. By Senators Paul of the 40th, Seabaugh of the 28th, Mullis of the 53rd, Guhl of the 45th, Cable of the 27th and others:

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1919

A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to the regulation of alcoholic beverages, so as to change certain provisions relating to sales of alcoholic beverages on Sundays; to provide that the sale of alcoholic beverages in certain counties and municipalities shall be prohibited on all days between 2:00 A.M. and 7:00 A.M.; to repeal conflicting laws; and for other purposes.
SB 75. By Senator James of the 35th:
A bill to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain chiropractors to use acupuncture in the treatment of patients; to provide definitions; to provide for requirements; to provide for the approval of certain educational programs; to delete a certain provision requiring applicants for acupuncture licensure to pass certain written and practical tests; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 105. By Senator Butler of the 55th:
A bill to be entitled an Act 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; to repeal conflicting laws; and for other purposes.
SB 116. By Senator Thomas of the 10th:
A bill to be entitled an Act to amend Code Section 43-10-9 of the Official Code of Georgia Annotated, relating to applications for certificates of registration for cosmetologists, so as to exempt certain persons from the education requirements of this Code section; to provide for an automatic repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 139. By Senators Lee of the 29th, Ragan of the 11th, Gillis of the 20th and Hooks of the 14th:
A billl to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the O.C.G.A, known as the "Water Well Standards Act of 1985," so as to change the provisions relating to meetings of the State Water Well Standards Advisory Council; to provide that a person is prohibited from drilling a well or wells on property he or she owns and is developing for resale

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unless such person has a license as a water well contractor; to provide that a person licensed as a water well contractor is not required to be licensed under Chapter 14 of Title 43, when in the course of constructing a water well, he or she makes certain electrical or plumbing connections or performs other electrical or plumbing work incidental to the drilling and construction of the well; to repeal conflicting laws; and for other purposes.
SB 194. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to change the provisions relating to definitions; to provide for the regulation of natural gas piping activities; to change the provisions relating to the board and its composition and powers; to change the provisions relating to divisions of the board and licenses issued thereby; to change the provisions relating to sanctions and continuing education; to prohibit engaging in business involving natural gas piping without licensing and provide for exceptions; to repeal conflicting laws; and for other purposes.
SB 206. By Senators Hecht of the 34th, Meyer von Bremen of the 12th, Lee of the 29th and Hill of the 4th:
A bill to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to limit the authority of Georgia courts to order interstate transfers of prisoners; to provide that a court may consider whether delay by the petitioner in filing the petition prejudiced the states ability to respond; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 220. By Senators Gillis of the 20th, Starr of the 44th, Cheeks of the 23rd, Bowen of the 13th, Golden of the 8th and others:
A bill to be entitled an Act to amend Code Section 15-7-21, of the Official Code of Georgia Annotated, relating to qualifications of state court judges, restrictions on the practice of law, removal, discipline, and involuntary retirement, so as to change the provisions relating to qualifications for election and reelection of judges; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 6, 2001

1921

SB 230. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, so as to provide that public agencies that maintain geographic information systems shall be authorized to contract for the provision of such services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 244. By Senator Ray of the 48th:
A bill to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new eighth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the eight judges of the Gwinnett Judicial Circuit; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes.
SB 260. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4653), so as to change the provisions relating to the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 261. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 2967), so as to provide guidelines to call special meetings; to expand the method of notice for special meetings; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 262. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4576), so as to provide for an increase in the compensation of the clerk of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 263. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 17, 1997 (Ga. L. 1997, p. 4211), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 264. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3909), so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $60,000.00; to provide for applicability; to provide for a referendum and automatic repeal; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 265. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4661), so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 266. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved

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April 16, 1999 (Ga. L. 1999, p. 4668), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 267. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4659), so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 268. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4651), so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 702. By Representative Jamieson of the 22nd:
A BILL to amend an Act creating a board of commissioners of Stephens County, so as to provide for additional qualifications of members of the board of commissioners; and for other purposes.
HB 703. By Representative Purcell of the 147th:
A BILL to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners; and for other purposes.
HB 704. By Representative Jamieson of the 22nd:
A BILL to amend an Act incorporating the City of Toccoa, so as to provide for additional qualifications of members of the city commission; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:

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SR 183. By Senator Smith of the 25th:
A resolution designating the "Baldwin Veterans Memorial Highway;" and for other purposes.
SR 190. By Senator Hill of the 4th:
A resolution designating the Jesse O. Kennedy, Jr., Memorial Bridge; and for other purposes.
SR 215. By Senator Stephens of the 51st:
A resolution designating a bridge on SR 52 in Gilmer County as the Carl Dover Memorial Bridge; and for other purposes.
SR 230. By Senator Jackson of the 50th:
A resolution designating a portion of Georgia Highway 136 in Dawson County as the "Gold Creek Parkway"; and for other purposes.

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

SB 46.

By Senators Thomas of the 2nd and Johnson of the 1st:
A bill to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to change certain time limits; to change the time within which the tenant must file an answer; to change the provisions relating to defenses and counterclaims; to change the provisions relating to tenders of rents owed and costs; to change the period for payments pursuant to court orders; to change the provisions relating to tenants remaining in possession; to change the provisions relating to payments into court; to change certain provisions relating to writs of possession and their effective dates; to change the provisions relating to appeals, the filing thereof, and supplementing the record; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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1925

SB 59.

By Senators Cheeks of the 23rd and Streat of the 19th:
A bill to be entitled an Act to amend Code Section 32-6-75 of the O.C.G.A., relating to restrictions on outdoor advertising authorized to be erected near the edge of the right of way of the interstate system or primary highways in this state and multiple message signs on the interstate system, primary highways, and other highways, so as to change the method of measuring the distance of certain signs from the edge of the right of way; to direct the Department of Transportation to modify the states agreement with the United States secretary of transportation to conform to such changes; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; to reduce the allowable minimum distance between such signs; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

SB 61.

By Senators Streat of the 19th, Tate of the 38th, Cheeks of the 23rd, Butler of the 55th and Bowen of the 13th:
A bill to be entitled an Act 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; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 71.

By Senators Paul of the 40th, Seabaugh of the 28th, Mullis of the 53rd, Guhl of the 45th, Cable of the 27th and others:

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A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to the regulation of alcoholic beverages, so as to change certain provisions relating to sales of alcoholic beverages on Sundays; to provide that the sale of alcoholic beverages in certain counties and municipalities shall be prohibited on all days between 2:00 A.M. and 7:00 A.M.; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Beverages.

SB 75.

By Senator James of the 35th:
A bill to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain chiropractors to use acupuncture in the treatment of patients; to provide definitions; to provide for requirements; to provide for the approval of certain educational programs; to delete a certain provision requiring applicants for acupuncture licensure to pass certain written and practical tests; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 105. By Senator Butler of the 55th:
A bill to be entitled an Act 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; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 116. By Senator Thomas of the 10th:
A bill to be entitled an Act to amend Code Section 43-10-9 of the Official Code of Georgia Annotated, relating to applications for certificates of registration for cosmetologists, so as to exempt certain persons from the

TUESDAY, MARCH 6, 2001

1927

education requirements of this Code section; to provide for an automatic repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 139. By Senators Lee of the 29th, Ragan of the 11th, Gillis of the 20th and Hooks of the 14th:
A billl to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the O.C.G.A, known as the "Water Well Standards Act of 1985," so as to change the provisions relating to meetings of the State Water Well Standards Advisory Council; to provide that a person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a license as a water well contractor; to provide that a person licensed as a water well contractor is not required to be licensed under Chapter 14 of Title 43, when in the course of constructing a water well, he or she makes certain electrical or plumbing connections or performs other electrical or plumbing work incidental to the drilling and construction of the well; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 194. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to change the provisions relating to definitions; to provide for the regulation of natural gas piping activities; to change the provisions relating to the board and its composition and powers; to change the provisions relating to divisions of the board and licenses issued thereby; to change the provisions relating to sanctions and continuing education; to prohibit engaging in business involving natural gas piping without licensing and provide for exceptions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

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SB 206. By Senators Hecht of the 34th, Meyer von Bremen of the 12th, Lee of the 29th and Hill of the 4th:
A bill to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to limit the authority of Georgia courts to order interstate transfers of prisoners; to provide that a court may consider whether delay by the petitioner in filing the petition prejudiced the states ability to respond; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 220. By Senators Gillis of the 20th, Starr of the 44th, Cheeks of the 23rd, Bowen of the 13th, Golden of the 8th and others:
A bill to be entitled an Act to amend Code Section 15-7-21, of the Official Code of Georgia Annotated, relating to qualifications of state court judges, restrictions on the practice of law, removal, discipline, and involuntary retirement, so as to change the provisions relating to qualifications for election and reelection of judges; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 230. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, so as to provide that public agencies that maintain geographic information systems shall be authorized to contract for the provision of such services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

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1929

SB 244. By Senator Ray of the 48th:
A bill to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new eighth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the eight judges of the Gwinnett Judicial Circuit; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 260. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4653), so as to change the provisions relating to the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 261. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 2967), so as to provide guidelines to call special meetings; to expand the method of notice for special meetings; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 262. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4576), so as to provide for an increase in the compensation of the clerk of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 263. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 17, 1997 (Ga. L. 1997, p. 4211), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 264. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3909), so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $60,000.00; to provide for applicability; to provide for a referendum and automatic repeal; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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1931

SB 265. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4661), so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 266. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4668), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 267. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4659), so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 268. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend an Act placing the sheriff and clerk of

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the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4651), so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SR 183. By Senator Smith of the 25th:
A resolution designating the "Baldwin Veterans Memorial Highway;" and for other purposes.

Referred to the Committee on Transportation.

SR 190. By Senator Hill of the 4th:
A resolution designating the Jesse O. Kennedy, Jr., Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 215. By Senator Stephens of the 51st:
A resolution designating a bridge on SR 52 in Gilmer County as the Carl Dover Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 230. By Senator Jackson of the 50th:
A resolution designating a portion of Georgia Highway 136 in Dawson County as the "Gold Creek Parkway"; and for other purposes.

TUESDAY, MARCH 6, 2001 Referred to the Committee on Transportation.

1933

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

HR 437. By Representatives Amerson of the 7th and Murphy of the 18th:
A RESOLUTION commending the Blue Ridge Rifles and Color Guard of North Georgia College and State University as the national champion collegiate precision military drill team of 2001 and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 485. By Representatives Richardson of the 26th and Ehrhart of the 36th:
A RESOLUTION honoring the Boy Scouts of America and inviting representatives of the Boy Scouts to appear before the House of Representatives; and for other purposes.

HR 486. By Representatives Reece of the 11th, West of the 101st, Childers of the 13th and Birdsong of the 123rd:
A RESOLUTION commending Pete Wheeler, Commissioner of Veterans Service, and Jim Frederick, Assistant Commissioner, and inviting them to appear before this body; and for other purposes.

HR 487. By Representatives Murphy of the 18th, Martin of the 47th, Porter of the 143rd, Pinholster of the 15th, Smith of the 19th and others:
A RESOLUTION commending Georgia State University's men's basketball team and inviting the coaches and players to appear before the House of Representatives; and for other purposes.

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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 152. 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; to increase the monthly maintenance charge; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister Byrd Callaway Campbell Y Cash Channell Childers Y Coan Y Coleman, B Coleman, T Y Collins Y Connell Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall 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 Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes
Stuckey Taylor Teague Y Teper Y Tillman E Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Yates Murphy, Speaker

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On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Buck of the 135th and Callaway of the 81st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 152 was ordered immediately transmitted to the Senate.
HB 191. By Representative Martin of the 47th:
A BILL to revise provisions of the Official Code of Georgia Annotated, relating to secured transactions and financial institutions; to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 9 relating to secured transactions; and for other purposes.
The following Committee substitute was read:
A BILL
To revise provisions of the Official Code of Georgia Annotated relating to secured transactions and financial institutions; to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 9 relating to secured transactions; to strike former Article 9 in its entirety and replace it with a new article; to define terms; to provide for general matters relating to secured transactions; to provide for effectiveness of security agreements and attachments of security interests; to provide for the rights of parties to a security agreement; to provide for perfection and priority of security interests; to provide for rights of third parties; to provide for filing of security instruments; to provide for default on and enforcement of secured obligations; to provide for transitional provisions; to amend other articles of the Uniform Commercial Code so as to provide for conforming amendments; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, Title 9 of the Official Code of Georgia Annotated, relating to civil practice, Title 10 of the Official Code of Georgia

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Annotated, relating to commerce and trade, Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, Title 44 of the Official Code of Georgia Annotated, relating to property, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct cross-references and otherwise conform to the new Article 9; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to prohibit certain practices with regard to loans secured by single-family residential property; to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for enforcement of such prohibitions; to amend Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, so as to provide for investments in certain credit unions under certain circumstances; 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 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," is amended by striking in its entirety existing Article 9, relating to secured transactions, and inserting in its place a new Article 9 to read as follows:
"ARTICLE 9 SECURED TRANSACTIONS
Part 1 General Provisions
Subpart 1 Short Title, Definitions, and General Concepts
11-9-101. Short title. This article may be cited as 'Uniform Commercial Code--Secured Transactions.'
11-9-102. Definitions and index of definitions. (a) Article 9 definitions. As used in this article, the term:
(1) 'Accession' means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. (2) 'Account,' except as used in 'account for,' means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge card or information contained on or for use

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with the card, or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health care insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter of credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card. (3) 'Account debtor' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. (4) 'Accounting,' except as used in 'accounting for,' means a record:
(A) Authenticated by a secured party; (B) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and (C) Identifying the components of the obligations in reasonable detail. (5) 'Agricultural lien' means an interest, other than a security interest, in farm products: (A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a debtors farming operation; or (ii) Rent on real property leased by a debtor in connection with its farming operation; (B) Which is created by statute in favor of a person that: (i) In the ordinary course of its business furnished goods or services to a debtor in connection with a debtors farming operation; or (ii) Leased real property to a debtor in connection with the debtors farming operation; and (C) Whose effectiveness does not depend on the persons possession of the personal property. (6) 'As-extracted collateral' means: (A) Oil, gas, or other minerals that are subject to a security interest that: (i) Is created by a debtor having an interest in the minerals before extraction; and (ii) Attaches to the minerals as extracted; or (B) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. (7) 'Authenticate' means: (A) To sign; or (B) To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify the person and adopt or accept a record. (8) 'Authority' means the Georgia Superior Court Clerks Cooperative Authority. (9) 'Bank' means an organization that is engaged in the business of banking. The

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term includes savings banks, savings and loan associations, credit unions, and trust companies. (10) 'Cash proceeds' means proceeds that are money, checks, deposit accounts, or the like. (11) 'Certificate of title' means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the collateral. (12) 'Chattel paper' means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. As used in this paragraph, 'monetary obligation' means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include:
(A) Charters or other contracts involving the use or hire of a vessel; or (B) Records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper. (13) 'Collateral' means the property subject to a security interest or agricultural lien. The term includes: (A) Proceeds to which a security interest attaches; (B) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and (C) Goods that are the subject of a consignment. (14) 'Commercial tort claim' means a claim arising in tort with respect to which: (A) The claimant is an organization; or (B) The claimant is an individual and the claim:
(i) Arose in the course of the claimants business or profession; and (ii) Does not include damages arising out of personal injury to or the death of an individual. (15) 'Commodity account' means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. (16) 'Commodity contract' means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is: (A) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or (B) Traded on a foreign commodity board of trade, exchange, or market and is carried on the books of a commodity intermediary for a commodity customer. (17) 'Commodity customer' means a person for which a commodity intermediary carries a commodity contract on its books.

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(18) 'Commodity intermediary' means a person that: (A) Is registered as a futures commission merchant under federal commodities law; or (B) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.
(19) 'Communicate' means: (A) To send a written or other tangible record; (B) To transmit a record by any means agreed upon by the persons sending and receiving the record; or (C) In the case of transmission of a record to or by a filing office or the authority, to transmit a record by any means prescribed by filing office rule.
(20) 'Consignee' means a merchant to which goods are delivered in a consignment. (21) 'Consignment' means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
(A) The merchant: (i) Deals in goods of that kind under a name other than the name of the person making delivery; (ii) Is not an auctioneer; and (iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others;
(B) With respect to each delivery, the aggregate value of the goods is $1,000.00 or more at the time of delivery; (C) The goods are not consumer goods immediately before delivery; and (D) The transaction does not create a security interest that secures an obligation. (22) 'Consignor' means a person that delivers goods to a consignee in a consignment. (23) 'Consumer debtor' means a debtor in a consumer transaction. (24) 'Consumer goods' means goods that are used or bought for use primarily for personal, family, or household purposes. (25) 'Consumer goods transaction' means a consumer transaction in which: (A) An individual incurs an obligation primarily for personal, family, or household purposes; and (B) A security interest in consumer goods secures the obligation. (26) 'Consumer obligor' means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes. (27) 'Consumer transaction' means a transaction in which (i) an individual incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer goods transactions. (28) 'Continuation statement' means an amendment of a financing statement which:

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(A) Identifies, by its file number, the initial financing statement to which it relates; and (B) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. (29) 'Debtor' means: (A) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor; (B) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or (C) A consignee. (30) 'Deposit account' means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument. (31) 'Document' means a document of title or a receipt of the type described in subsection (2) of Code Section 11-7-201. (32) 'Electronic chattel paper' means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. (33) 'Encumbrance' means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property. (34) 'Equipment' means goods other than inventory, farm products, or consumer goods. (35) 'Farm products' means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are: (A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines, and bushes; and (ii) Aquatic goods produced in aquacultural operations; (B) Livestock, born or unborn, including aquatic goods produced in aquacultural operations; (C) Supplies used or produced in a farming operation; or (D) Products of crops or livestock in their unmanufactured states. (36) 'Farming operation' means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation. (37) 'File number' means the number assigned to an initial financing statement pursuant to subsection (a) of Code Section 11-9-519. (38) 'Filing office' means an office designated in Code Section 11-9-501 as the place to file a financing statement. (39) 'Filing office rule' means a rule adopted pursuant to Code Section 11-9-526. (40) 'Financing statement' means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. (41) 'Fixture filing' means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections (a) and (b) of Code Section 11-9502. The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures. (42) 'Fixtures' means goods that have become so related to particular real property

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that an interest in them arises under real property law. (43) 'General intangible' means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter of credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software. (44) 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (45) 'Goods' means all things that are movable when a security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, and (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter of credit rights, letters of credit, money, or oil, gas, or other minerals before extraction. (46) 'Governmental unit' means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States. (47) 'Health care insurance receivable' means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health care goods or services provided. (48) 'Instrument' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. (49) 'Inventory' means goods, other than farm products, which:
(A) Are leased by a person as lessor; (B) Are held by a person for sale or lease or to be furnished under a contract of service; (C) Are furnished by a person under a contract of service; or (D) Consist of raw materials, work in process, or materials used or consumed in a

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business. (50) 'Investment property' means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account. (51) 'Jurisdiction of organization,' with respect to a registered organization, means the jurisdiction under whose law the organization is organized. (52) 'Letter of credit right' means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit. (53) 'Lien creditor' means:
(A) A creditor that has acquired a lien on the property involved by attachment, levy, or the like; (B) An assignee for benefit of creditors from the time of assignment; (C) A trustee in bankruptcy from the date of the filing of the petition; or (D) A receiver in equity from the time of appointment. (54) 'Mortgage' means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation. The term includes a deed to secure debt. (55) 'New debtor' means a person that becomes bound as debtor under subsection (d) of Code Section 11-9-203 by a security agreement previously entered into by another person. (56) 'New value' means (i) money, (ii) moneys worth in property, services, or new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation. (57) 'Noncash proceeds' means proceeds other than cash proceeds. (58) 'Obligor' means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit. (59) 'Original debtor,' except as used in subsection (c) of Code Section 11-9-310, means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection (d) of Code Section 11-9-203. (60) 'Payment intangible' means a general intangible under which the account debtors principal obligation is a monetary obligation. (61) 'Person related to,' with respect to an individual, means: (A) The spouse of the individual; (B) A brother, brother-in-law, sister, or sister-in-law of the individual; (C) An ancestor or lineal descendant of the individual or the individuals spouse; or (D) Any other relative, by blood or marriage, of the individual or the individuals spouse who shares the same home with the individual.

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(62) 'Person related to,' with respect to an organization, means: (A) A person directly or indirectly controlling, controlled by, or under common control with the organization; (B) An officer or director of, or a person performing similar functions with respect to, the organization; (C) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (A) of this paragraph; (D) The spouse of an individual described in subparagraph (A), (B), or (C) of this paragraph; or (E) An individual who is related by blood or marriage to an individual described in subparagraph (A), (B), (C), or (D) of this paragraph and shares the same home with the individual.
(63) 'Proceeds,' except as used in subsection (d) of Code Section 11-9-609, means the following property:
(A) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral; (B) Whatever is collected on, or distributed on account of, collateral; (C) Rights arising out of collateral; (D) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the collateral; or (E) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the collateral. (64) 'Promissory note' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. (65) 'Proposal' means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Code Sections 11-9-620, 11-9-621, and 11-9-622. (66) 'Public finance transaction' means a secured transaction in connection with which: (A) Debt securities are issued; (B) All or a portion of the securities issued have an initial stated maturity of at least five years; and (C) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state. (67) 'Pursuant to commitment,' with respect to an advance made or other value given by a secured party, means pursuant to the secured partys obligation, whether or not a subsequent event of default or other event not within the secured partys control has

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relieved or may relieve the secured party from its obligation. (68) 'Record,' except as used in 'for record,' 'of record,' 'record or legal title,' and 'record owner,' means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (69) 'Registered organization' means an organization organized solely under the law of a single state or the United States and as to which the state or the United States must maintain a public record showing the organization to have been organized. (70) 'Secondary obligor' means an obligor to the extent that:
(A) The obligors obligation is secondary; or (B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. (71) 'Secured party' means: (A) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding; (B) A person that holds an agricultural lien; (C) A consignor; (D) A person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold; (E) A trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or (F) A person that holds a security interest arising under Code Section 11-2-401, 112-505, or subsection (3) of Code Section 11-2-711, subsection (5) of Code Section 11-2A-508, Code Section 11-4-210, or 11-5-118. (72) 'Security agreement' means an agreement that creates or provides for a security interest. (73) 'Send,' in connection with a record or notification, means: (A) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or (B) To cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph (A) of this paragraph. (74) 'Software' means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods. (75) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (76) 'Supporting obligation' means a letter of credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property. (77) 'Tangible chattel paper' means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. (78) 'Termination statement' means an amendment of a financing statement which:

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(A) Identifies, by its file number, the initial financing statement to which it relates; and (B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective. (79) 'Transmitting utility' means a person primarily engaged in the business of: (A) Operating a railroad, subway, street railway, or trolley bus; (B) Transmitting communications electrically, electromagnetically, or by light; (C) Transmitting goods by pipeline or sewer; or (D) Transmitting or producing and transmitting electricity, steam, gas, or water. (b) Definitions in other articles. Other definitions applying to this article and the Code sections in which they appear are: 'Applicant.' Code Section 11-5-102. 'Beneficiary.' Code Section 11-5-102. 'Broker.' Code Section 11-8-102. 'Certificated security.' Code Section 11-8-102. 'Check.' Code Section 11-3-104. 'Clearing corporation.' Code Section 11-8-102. 'Contract for sale.' Code Section 11-2-106. 'Customer.' Code Section 11-4-104. 'Entitlement holder.' Code Section 11-8-102. 'Financial asset.' Code Section 11-8-102. 'Holder in due course.' Code Section 11-3-302. 'Issuer' (with respect to a letter of credit or letter of credit right). Code Section 11-5102. 'Issuer' (with respect to a security). Code Section 11-8-201. 'Lease.' Code Section 11-2A-103. 'Lease agreement.' Code Section 11-2A-103. 'Lease contract.' Code Section 11-2A-103. 'Leasehold interest.' Code Section 11-2A-103. 'Lessee.' Code Section 11-2A-103. 'Lessee in ordinary course of business.' Code Section 11-2A-103. 'Lessor.' Code Section 11-2A-103. 'Lessors residual interest.' Code Section 11-2A-103. 'Letter of credit.' Code Section 11-5-102. 'Merchant.' Code Section 11-2-104. 'Negotiable instrument.' Code Section 11-3-104. 'Nominated person.' Code Section 11-5-102. 'Note.' Code Section 11-3-104. 'Proceeds of a letter of credit.' Code Section 11-5-114. 'Prove.' Code Section 11-3-103. 'Sale.' Code Section 11-2-106. 'Securities account.' Code Section 11-8-501. 'Securities intermediary.' Code Section 11-8-102.

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'Security.' Code Section 11-8-102. 'Security certificate.' Code Section 11-8-102. 'Security entitlement.' Code Section 11-8-102. 'Uncertificated security.' Code Section 11-8-102. (c) Article 1 definitions and principles. Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
11-9-103. Purchase money security interest; application of payments; burden of establishing.
(a) Definitions. As used in this Code section, the term: (1) 'Purchase money collateral' means goods or software that secures a purchase money obligation incurred with respect to that collateral. (2) 'Purchase money obligation' means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
(b) Purchase money security interest in goods. A security interest in goods is a purchase money security interest:
(1) To the extent that the goods are purchase money collateral with respect to that security interest; (2) If the security interest is in inventory that is or was purchase money collateral, also to the extent that the security interest secures a purchase money obligation incurred with respect to other inventory in which the secured party holds or held a purchase money security interest; and (3) Also to the extent that the security interest secures a purchase money obligation incurred with respect to software in which the secured party holds or held a purchase money security interest. (c) Purchase money security interest in software. A security interest in software is a purchase money security interest to the extent that the security interest also secures a purchase money obligation incurred with respect to goods in which the secured party holds or held a purchase money security interest if: (1) The debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and (2) The debtor acquired its interest in the software for the principal purpose of using the software in the goods. (d) Consignors inventory purchase money security interest. The security interest of a consignor in goods that are the subject of a consignment is a purchase money security interest in inventory. (e) Application of payment in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, if the extent to which a security interest is a purchase money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (1) In accordance with any reasonable method of application to which the parties

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agree; (2) In the absence of the parties agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or (3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligors intention, in the following order:
(A) To obligations that are not secured; and (B) If more than one obligation is secured, to obligations secured by purchase money security interests in the order in which those obligations were incurred. (f) No loss of status of purchase money security interest in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, a purchase money security interest does not lose its status as such, even if: (1) The purchase money collateral also secures an obligation that is not a purchase money obligation; (2) Collateral that is not purchase money collateral also secures the purchase money obligation; or (3) The purchase money obligation has been renewed, refinanced, consolidated, or restructured. (g) Burden of proof in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, a secured party claiming a purchase money security interest has the burden of establishing the extent to which the security interest is a purchase money security interest. (h) Nonconsumer goods transactions; no inference. The limitation of the rules in subsections (e), (f), and (g) of this Code section to transactions other than consumer goods transactions is intended to leave to the court the determination of the applicable rules in consumer goods transactions. The court may not infer from that limitation the nature of the applicable rule in consumer goods transactions and may continue to apply established approaches.
11-9-104. Control of deposit account. (a) Requirements for control. A secured party has control of a deposit account if:
(1) The secured party is the bank with which the deposit account is maintained; (2) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) The secured party becomes the banks customer with respect to the deposit account. (b) Debtors right to direct disposition. A secured party that has satisfied subsection (a) of this Code section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
11-9-105. Control of electronic chattel paper. A secured party has control of electronic chattel paper if the record or records

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comprising the chattel paper are created, stored, and assigned in such a manner that: (1) A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this Code section, unalterable; (2) The authoritative copy identifies the secured party as the assignee of the record or records; (3) The authoritative copy is communicated to and maintained by the secured party or its designated custodian; (4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the participation of the secured party; (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) Any revision of the authoritative copy is readily identifiable as an authorized or unauthorized revision.
11-9-106. Control of investment property. (a) Control under Code Section 11-8-106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in Code Section 118-106. (b) Control of commodity contract. A secured party has control of a commodity contract if:
(1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer. (c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
11-9-107. Control of letter of credit right. A secured party has control of a letter of credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under subsection (c) of Code Section 11-5-114 or otherwise applicable law or practice.
11-9-108. Sufficiency of description. (a) Sufficiency of description. Except as otherwise provided in subsections (c), (d), and (e) of this Code section, a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. (b) Examples of reasonable identification. Except as otherwise provided in subsection

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(d) of this Code section, a description of collateral reasonably identifies the collateral if it identifies the collateral by:
(1) Specific listing; (2) Category; (3) Except as otherwise provided in subsection (e) of this Code section, a type of collateral defined in this title; (4) Quantity; (5) Computational or allocational formula or procedure; or (6) Except as otherwise provided in subsection (c) of this Code section, any other method, if the identity of the collateral is objectively determinable. (c) Supergeneric description not sufficient. A description of collateral as 'all the debtors assets' or 'all the debtors personal property' or using words of similar import does not reasonably identify the collateral. (d) Investment property. Except as otherwise provided in subsection (e) of this Code section, a description of a security entitlement, securities account, or commodity account is sufficient if it describes: (1) The collateral by those terms or as investment property; or (2) The underlying financial asset or commodity contract. (e) When description by type insufficient. A description only by type of collateral defined in this title is an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.
Subpart 2 Applicability of Article
11-9-109. Scope. (a) General scope of article. Except as otherwise provided in subsections (c) and (d) of this Code section, this article applies to:
(1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) A consignment; (5) A security interest arising under Code Section 11-2-401, Code Section 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A508, as provided in Code Section 11-9-110; and (6) A security interest arising under Code Section 11-4-210 or 11-5-118. (b) Security interest in secured obligation. The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. (c) Extent to which article does not apply. This article does not apply to the extent

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that: (1) A statute, regulation, or treaty of the United States preempts this article; (2) Another statute of this state expressly governs the creation, perfection, or priority; (3) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or (4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Code Section 11-5-114.
(d) Inapplicability of article. This article does not apply to: (1) A landlords lien, other than an agricultural lien; (2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Code Section 11-9-333 applies with respect to priority of the lien; (3) An assignment of a claim for wages, salary, or other compensation of an employee; (4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; (5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; (6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; (7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; (8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health care provider of a health care insurance receivable and any subsequent assignment of the right to payment, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; (10) A right of recoupment or setoff, but: (A) Code Section 11-9-340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and (B) Code Section 11-9-404 applies with respect to defenses or claims of an account debtor; (11) The creation or transfer of an interest in or lien on real property, including a lease or usufruct or rents thereunder, except to the extent that provision is made for: (A) Liens on real property in Code Sections 11-9-203 and 11-9-308; (B) Fixtures in Code Section 11-9-334; (C) Fixture filings in Code Sections 11-9-501, 11-9-502, 11-9-512, 11-9-516, and 11-9-519; and (D) Security agreements covering personal and real property in Code Section 11-9-

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604; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (14) An assignment of a lottery prize payable by this state or any instrumentality of this state; (15) An assignment of a claim or right to receive payment as described in and to the extent limited by the provisions of Code Section 34-9-84 or by Article 4 of Chapter 12 of Title 51; or (16) A security interest created by or affecting property of this state or any governmental unit of this state in any public finance transaction, other than a security interest created by:
(A) An authority activated under Chapter 62 of Title 36, the 'Development Authorities Law'; or (B) A local authority having as its principal function the stimulation of industrial growth and the reduction of unemployment.
11-9-110. Security interests arising under Article 2 or 2A of this title. A security interest arising under Code Section 11-2-401 or 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A-508 is subject to this article. However, until the debtor obtains possession of the goods:
(1) The security interest is enforceable, even if paragraph (3) of subsection (b) of Code Section 11-9-203 has not been satisfied; (2) Filing is not required to perfect the security interest; (3) The rights of the secured party after default by the debtor are governed by Article 2 or 2A of this title; and (4) The security interest has priority over a conflicting security interest created by the debtor.
11-9-111. Applicability of bulk transfer laws. The creation of a security interest is not a bulk transfer under Article 6 of this title (see Code Section 11-6-103).
Part 2 Effectiveness of Security Agreement;
Attachment of Security Interest; Rights of Parties to Security Agreement
Subpart 1 Effectiveness and Attachment

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11-9-201. General effectiveness of security agreement. (a) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (b) Applicable consumer laws and other law. A transaction subject to this article is subject to any applicable rule of law which establishes a different rule for consumers and is subject to Chapter 3 of Title 7; Chapter 4 of Title 7; and Article 1 of Chapter 1 of Title 10. (c) Other applicable law controls. In case of conflict between this article and a rule of law, statute, or regulation described in subsection (b) of this Code section, the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subsection (b) of this Code section has only the effect the statute or regulation specifies. (d) Further deference to other applicable law. This article does not:
(1) Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in subsection (b) of this Code section; or (2) Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it.
11-9-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.
11-9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
(a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections (c) through (i) of this Code section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) Value has been given; (2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and (3) One of the following conditions is met:
(A) The debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned; (B) The collateral is not a certificated security and is in the possession of the secured party under Code Section 11-9-313 pursuant to the debtors security agreement;

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(C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Code Section 11-8-301 pursuant to the debtors security agreement; or (D) The collateral is deposit accounts, electronic chattel paper, investment property, or letter of credit rights, and the secured party has control under Code Section 11-9104, 11-9-105, 11-9-106, or 11-9-107 pursuant to the debtors security agreement. (c) Other provisions of this title. Subsection (b) of this Code section is subject to Code Section 11-4-210 on the security interest of a collecting bank, Code Section 11-5-118 on the security interest of a letter of credit issuer or nominated person, Code Section 119-110 on a security interest arising under Article 2 or 2A of this title, and Code Section 11-9-206 on security interests in investment property. (d) When person becomes bound by another persons security agreement. A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this article or by contract: (1) The security agreement becomes effective to create a security interest in the persons property; or (2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person. (e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a security agreement entered into by another person: (1) The agreement satisfies paragraph (3) of subsection (b) of this Code section with respect to existing or after acquired property of the new debtor to the extent the property is described in the agreement; and (2) Another agreement is not necessary to make a security interest in the property enforceable. (f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Code Section 11-9315 and is also attachment of a security interest in a supporting obligation for the collateral. (g) Lien securing right to payment. The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien. (h) Security entitlement carried in securities account. The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account. (i) Commodity contracts carried in commodity account. The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contract carried in the commodity account.
11-9-204. After acquired property; future advances. (a) After acquired collateral. Except as otherwise provided in subsection (b) of this

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Code section, a security agreement may create or provide for a security interest in after acquired collateral. (b) When after acquired property clause not effective. A security interest does not attach under a term constituting an after acquired property clause to:
(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or (2) A commercial tort claim. (c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
11-9-205. Use or disposition of collateral permissible. (a) When security interest not invalid or fraudulent. A security interest is not invalid or fraudulent against creditors solely because:
(1) The debtor has the right or ability to: (A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (B) Collect, compromise, enforce, or otherwise deal with collateral; (C) Accept the return of collateral or make repossessions; or (D) Use, commingle, or dispose of proceeds; or
(2) The secured party fails to require the debtor to account for proceeds or replace collateral. (b) Requirements of possession not relaxed. This Code section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
11-9-206. Security interest arising in purchase or delivery of financial asset. (a) Security interest when person buys through securities intermediary. A security interest in favor of a securities intermediary attaches to a persons security entitlement if:
(1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and (2) The securities intermediary credits the financial asset to the buyers securities account before the buyer pays the securities intermediary. (b) Security interest secures obligation to pay for financial asset. The security interest described in subsection (a) of this Code section secures the persons obligation to pay for the financial asset. (c) Security interest in payment against delivery transaction. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:

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(1) The security or other financial asset: (A) In the ordinary course of business is transferred by delivery with any necessary indorsement or assignment; and (B) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and
(2) The agreement calls for delivery against payment. (d) Security interest secures obligation to pay for delivery. The security interest described in subsection (c) of this Code section secures the obligation to make payment for the delivery.
Subpart 2 Rights and Duties
11-9-207. Rights and duties of secured party having possession or control of collateral.
(a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d) of this Code section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured partys possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (b) Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d) of this Code section, if a secured party has possession of collateral:
(1) Reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral; (2) The risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage; (3) The secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and (4) The secured party may use or operate the collateral:
(A) For the purpose of preserving the collateral or its value; (B) As permitted by an order of a court having competent jurisdiction; or (C) Except in the case of consumer goods, in the manner and to the extent agreed by the debtor. (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d) of this Code section, a secured party having possession of collateral or control of collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107: (1) May hold as additional security any proceeds, except money or funds, received from the collateral; (2) Shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and

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(3) May create a security interest in the collateral. (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
(1) Subsection (a) of this Code section does not apply unless the secured party is entitled under an agreement:
(A) To charge back uncollected collateral; or (B) Otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and (2) Subsections (b) and (c) of this Code section do not apply.
11-9-208. Additional duties of secured party having control of collateral. (a) Applicability of Code section. This Code section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties of secured party after receiving demand from debtor. Within ten days after receiving an authenticated demand by the debtor:
(1) A secured party having control of a deposit account under paragraph (2) of subsection (a) of Code Section 11-9-104 shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party; (2) A secured party having control of a deposit account under paragraph (3) of subsection (a) of Code Section 11-9-104 shall:
(A) Pay the debtor the balance on deposit in the deposit account; or (B) Transfer the balance on deposit into a deposit account in the debtors name; (3) A secured party, other than a buyer, having control of electronic chattel paper under Code Section 11-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party; (4) A secured party having control of investment property under paragraph (2) of subsection (d) of Code Section 11-8-106 or subsection (b) of Code Section 11-9-106 shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further

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obligation to comply with entitlement orders or directions originated by the secured party; and (5) A secured party having control of a letter of credit right under Code Section 11-9107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party.
11-9-209. Duties of secured party if account debtor has been notified of assignment.
(a) Applicability of Code section. Except as otherwise provided in subsection (c) of this Code section, this Code section applies if:
(1) There is no outstanding secured obligation; and (2) The secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties of secured party after receiving demand from debtor. Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under subsection (a) of Code Section 11-9-406 an authenticated record that releases the account debtor from any further obligation to the secured party. (c) Inapplicability to sales. This Code section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
11-9-210. Request for accounting; request regarding list of collateral or statement of account.
(a) Definitions. As used in this Code section, the term: (1) 'Request' means a record of a type described in paragraph (2), (3), or (4) of this subsection. (2) 'Request for an accounting' means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. (3) 'Request regarding a list of collateral' means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (4) 'Request regarding a statement of account' means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f) of this Code section, a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14

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days after receipt: (1) In the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and (2) In the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
(c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt. (d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
(1) Disclaiming any interest in the collateral; and (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients interest in the collateral. (e) Request for accounting or regarding a statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) Disclaiming any interest in the obligations; and (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients interest in the obligations. (f) Charges for responses. A debtor is entitled without charge to one response to a request under this Code section during any six-month period. The secured party may require payment of a charge not exceeding $10.00 for each additional response.
Part 3 Perfection and Priority
Subpart 1 Law Governing Perfection and Priority
11-9-301. Law governing perfection and priority of security interests. Except as otherwise provided in Code Sections 11-9-303 through 11-9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this Code section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of

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perfection or nonperfection, and the priority of a security interest in collateral; (2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral; (3) Except as otherwise provided in paragraph (4) of this Code section, while negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
(A) Perfection of a security interest in the goods by filing a fixture filing; (B) Perfection of a security interest in timber to be cut; (C) Perfection of a security interest in crops; and (D) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral; and (4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
11-9-302. Law governing perfection and priority of agricultural liens. While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.
11-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.
(a) Applicability of Code section. This Code section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (b) When goods covered by certificate of title. Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction. (c) Applicable law. The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
11-9-304. Law governing perfection and priority of security interests in deposit accounts.
(a) Law of banks jurisdiction governs. The local law of a banks jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.

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(b) Banks jurisdiction. The following rules determine a banks jurisdiction for purposes of this part:
(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the banks jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the banks jurisdiction; (2) If paragraph (1) of this subsection does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the banks jurisdiction; (3) If neither paragraph (1) nor (2) of this subsection applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the banks jurisdiction; (4) If none of the preceding paragraphs of this subsection applies, the banks jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customers account is located; and (5) If none of the preceding paragraphs of this subsection applies, the banks jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
11-9-305. Law governing perfection and priority of security interests in investment property.
(a) Governing law; general rules. Except as otherwise provided in subsection (c) of this Code section, the following rules apply:
(1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby; (2) The local law of the issuers jurisdiction as specified in subsection (d) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security; (3) The local law of the securities intermediarys jurisdiction as specified in subsection (e) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account; and (4) The local law of the commodity intermediarys jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account. (b) Commodity intermediarys jurisdiction. The following rules determine a commodity intermediarys jurisdiction for purposes of this part: (1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediarys jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the commodity intermediarys jurisdiction;

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(2) If paragraph (1) of this subsection does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediarys jurisdiction; (3) If neither paragraph (1) nor (2) of this subsection applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediarys jurisdiction; (4) If none of the preceding paragraphs of this subsection applies, the commodity intermediarys jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customers account is located; and (5) If none of the preceding paragraphs of this subsection applies, the commodity intermediarys jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located. (c) When perfection governed by law of jurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs: (1) Perfection of a security interest in investment property by filing; (2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and (3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.
11-9-306. Law governing perfection and priority of security interests in letter of credit rights.
(a) Governing law; issuers or nominated persons jurisdiction. Subject to subsection (c) of this Code section, the local law of the issuers jurisdiction or a nominated persons jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter of credit right if the issuers jurisdiction or nominated persons jurisdiction is a state. (b) Issuers or nominated persons jurisdiction. For purposes of this part, an issuers jurisdiction or nominated persons jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter of credit right as provided in Code Section 11-5-116. (c) When Code section not applicable. This Code section does not apply to a security interest that is perfected only under subsection (d) of Code Section 11-9-308.
11-9-307. Location of debtor. (a) 'Place of business.' As used in this Code section, the term 'place of business' means a place where a debtor conducts its affairs. (b) Debtors location; general rules. Except as otherwise provided in this Code section, the following rules determine a debtors location:

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(1) A debtor who is an individual is located at the individuals principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (c) Limitation of applicability of subsection (b) of this Code section. Subsection (b) of this Code section applies only if a debtors residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) of this Code section does not apply, the debtor is located in the District of Columbia. (d) Continuation of location; cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c) of this Code section. (e) Location of registered organization organized under state law. A registered organization that is organized under the law of a state is located in that state. (f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i) of this Code section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located: (1) In the state that the law of the United States designates, if the law designates a state of location; (2) In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location; or (3) In the District of Columbia, if neither paragraph (1) nor (2) of this subsection applies. (g) Continuation of location; change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) of this Code section notwithstanding: (1) The suspension, revocation, forfeiture, or lapse of the registered organizations status as such in its jurisdiction of organization; or (2) The dissolution, winding up, or cancellation of the existence of the registered organization. (h) Location of United States. The United States is located in the District of Columbia. (i) Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state. (j) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act

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of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier. (k) Code section applies only to this part. This Code section applies only for purposes of this part.
Subpart 2 Perfection
11-9-308. When security interest or agricultural lien is perfected; continuity of perfection.
(a) Perfection of security interest. Except as otherwise provided in this Code section and Code Section 11-9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in Code Sections 11-9-310 through 11-9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches. (b) Perfection of agricultural lien. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in Code Section 11-9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective. (c) Continuous perfection; perfection by different methods. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this article and is later perfected by another method under this article, without an intermediate period when it was unperfected. (d) Supporting obligation. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral. (e) Lien securing right to payment. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right. (f) Security entitlement carried in securities account. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account. (g) Commodity contract carried in commodity account. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
11-9-309. Security interest perfected upon attachment. The following security interests are perfected when they attach:
(1) A purchase money security interest in consumer goods, except as otherwise provided in subsection (b) of Code Section 11-9-311 with respect to consumer goods that are subject to a statute or treaty described in subsection (a) of Code Section 11-9311; (2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of

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the assignors outstanding accounts or payment intangibles; (3) A sale of a payment intangible; (4) A sale of a promissory note; (5) A security interest created by the assignment of a health care insurance receivable to the provider of the health care goods or services; (6) A security interest arising under Code Section 11-2-401 or 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A-508, until the debtor obtains possession of the collateral; (7) A security interest of a collecting bank arising under Code Section 11-4-210; (8) A security interest of an issuer or nominated person arising under Code Section 11-5-118; (9) A security interest arising in the delivery of a financial asset under subsection (c) of Code Section 11-9-206; (10) A security interest in investment property created by a broker or securities intermediary; (11) A security interest in a commodity contract or a commodity account created by a commodity intermediary; (12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and (13) A security interest created by an assignment of a beneficial interest in a decedents estate.
11-9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
(a) General rule; perfection by filing. Except as otherwise provided in subsection (b) of this Code section and subsection (b) of Code Section 11-9-312, a financing statement must be filed to perfect all security interests and agricultural liens. (b) Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under subsection (d), (e), (f), or (g) of Code Section 11-9-308; (2) That is perfected under Code Section 11-9-309 when it attaches; (3) In property subject to a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311; (4) In goods in possession of a bailee which is perfected under paragraph (1) or (2) of subsection (d) of Code Section 11-9-312; (5) In certificated securities, documents, goods, or instruments which is perfected without filing or possession under subsection (e), (f), or (g) of Code Section 11-9-312; (6) In collateral in the secured partys possession under Code Section 11-9-313; (7) In a certificated security which is perfected by delivery of the security certificate to the secured party under Code Section 11-9-313; (8) In deposit accounts, electronic chattel paper, investment property, or letter of credit rights which is perfected by control under Code Section 11-9-314;

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(9) In proceeds which is perfected under Code Section 11-9-315; or (10) That is perfected under Code Section 11-9-316. (c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
11-9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
(a) Security interest subject to other law. Except as otherwise provided in subsection (d) of this Code section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(1) A statute, regulation, or treaty of the United States whose requirements for a security interests obtaining priority over the rights of a lien creditor with respect to the property preempt subsection (a) of Code Section 11-9-310; (2) Chapter 3 of Title 40; or (3) A certificate of title statute of another jurisdiction which provides for a security interest to be indicated on the certificate as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the property. (b) Compliance with other law. Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) of this Code section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) of this Code section, in Code Section 11-9-313, and in subsections (d) and (e) of Code Section 11-9-316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) of this Code section may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral. (c) Duration and renewal of perfection. Except as otherwise provided in subsection (d) of this Code section and subsections (d) and (e) of Code Section 11-9-316, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) of this Code section are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this article. (d) Inapplicability to certain inventory. During any period in which collateral subject to a statute specified in paragraph (2) of subsection (a) of this Code section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this Code section does not apply to a security interest in that collateral created by that person.

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11-9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter of credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (b) Control or possession of certain collateral. Except as otherwise provided in subsections (c) and (d) of Code Section 11-9-315 for proceeds:
(1) A security interest in a deposit account may be perfected only by control under Code Section 11-9-314; (2) Except as otherwise provided in subsection (d) of Code Section 11-9-308, a security interest in a letter of credit right may be perfected only by control under Code Section 11-9-314; and (3) A security interest in money may be perfected only by the secured partys taking possession under Code Section 11-9-313. (c) Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods: (1) A security interest in the goods may be perfected by perfecting a security interest in the document; and (2) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time. (d) Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by: (1) Issuance of a document in the name of the secured party; (2) The bailees receipt of notification of the secured partys interest; or (3) Filing as to the goods. (e) Temporary perfection; new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement. (f) Temporary perfection; goods or documents made available to debtor. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of: (1) Ultimate sale or exchange; or (2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange. (g) Temporary perfection; delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:

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(1) Ultimate sale or exchange; or (2) Presentation, collection, enforcement, renewal, or registration of transfer. (h) Expiration of temporary perfection. After the 20 day period specified in subsection (e), (f), or (g) of this Code section expires, perfection depends upon compliance with this article.
11-9-313. When possession by or delivery to secured party perfects security interest without filing.
(a) Perfection by possession or delivery. Except as otherwise provided in subsection (b) of this Code section, a secured party may perfect a security interest in negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Code Section 11-8-301. (b) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in subsection (d) of Code Section 11-9-316. (c) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtors business, when:
(1) The person in possession authenticates a record acknowledging that it holds possession of the collateral for the secured partys benefit; or (2) The person takes possession of the collateral after having authenticated a record acknowledging that it will hold possession of collateral for the secured partys benefit. (d) Time of perfection by possession; continuation of perfection. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession. (e) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under Code Section 11-8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate. (f) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds possession for a secured partys benefit. (g) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured partys benefit: (1) The acknowledgment is effective under subsection (c) of this Code section or subsection (a) of Code Section 11-8-301, even if the acknowledgment violates the rights of a debtor; and (2) Unless the person otherwise agrees or law other than this article otherwise provides, the person does not owe any duty to the secured party and is not required to

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confirm the acknowledgment to another person. (h) Secured partys delivery to person other than debtor. A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtors business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
(1) To hold possession of the collateral for the secured partys benefit; or (2) To redeliver the collateral to the secured party. (i) Effect of delivery under subsection (h) of this Code section; no duties or confirmation. A secured party does not relinquish possession, even if a delivery under subsection (h) of this Code section violates the rights of a debtor. A person to which collateral is delivered under subsection (h) of this Code section does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this article otherwise provides.
11-9-314. Perfection by control. (a) Perfection by control. A security interest in investment property, deposit accounts, letter of credit rights, or electronic chattel paper may be perfected by control of the collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107. (b) Specified collateral; time of perfection by control; continuation of perfection. A security interest in deposit accounts, electronic chattel paper, or letter of credit rights is perfected by control under Code Section 11-9-104, 11-9-105, or 11-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control. (c) Investment property; time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Code Section 119-106 from the time the secured party obtains control and remains perfected by control until:
(1) The secured party does not have control; and (2) One of the following occurs:
(A) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate; (B) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or (C) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
11-9-315. Secured partys rights on disposition of collateral and in proceeds. (a) Disposition of collateral; continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this article and in subsection (2) of Code Section 11-2-403:
(1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party

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authorized the disposition free of the security interest or agricultural lien; and (2) A security interest attaches to any identifiable proceeds of collateral. (b) When commingled proceeds identifiable. Proceeds that are commingled with other property are identifiable proceeds: (1) If the proceeds are goods, to the extent provided by Code Section 11-9-336; and (2) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this article with respect to commingled property of the type involved. (c) Perfection of security interest in proceeds. A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected. (d) Continuation of perfection. A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless: (1) The following conditions are satisfied:
(A) A filed financing statement covers the original collateral; (B) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and (C) The proceeds are not acquired with cash proceeds; (2) The proceeds are identifiable cash proceeds; or (3) The security interest in the proceeds is perfected other than under subsection (c) of this Code section when the security interest attaches to the proceeds or within 20 days thereafter. (e) When perfected security interest in proceeds becomes unperfected. If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under paragraph (1) of subsection (d) of this Code section becomes unperfected at the later of: (1) When the effectiveness of the filed financing statement lapses under Code Section 11-9-515 or is terminated under Code Section 11-9-513; or (2) The twenty-first day after the security interest attaches to the proceeds.
11-9-316. Continued perfection of security interest following change in governing law.
(a) General rule; effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in paragraph (1) of Code Section 11-9-301 or subsection (c) of Code Section 11-9-305 remains perfected until the earliest of:
(1) The time perfection would have ceased under the law of that jurisdiction; (2) The expiration of four months after a change of the debtors location to another jurisdiction; or (3) The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction. (b) Security interest perfected or unperfected under law of new jurisdiction. If a

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security interest described in subsection (a) of this Code section becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value. (c) Possessory security interest in collateral moved to new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate of title and asextracted collateral consisting of goods, remains continuously perfected if:
(1) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction; (2) Thereafter the collateral is brought into another jurisdiction; and (3) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction. (d) Goods covered by certificate of title from this state. Except as otherwise provided in subsection (e) of this Code section, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this state remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered. (e) When subsection (d) of this Code section security interest becomes unperfected against purchasers. A security interest described in subsection (d) of this Code section becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under subsection (b) of Code Section 11-9-311 or Code Section 11-9-313 are not satisfied before the earlier of: (1) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or (2) The expiration of four months after the goods had become so covered. (f) Change in jurisdiction of bank, issuer, nominated person, securities intermediary, or commodity intermediary. A security interest in deposit accounts, letter of credit rights, or investment property which is perfected under the law of the banks jurisdiction, the issuers jurisdiction, a nominated persons jurisdiction, the securities intermediarys jurisdiction, or the commodity intermediarys jurisdiction, as applicable, remains perfected until the earlier of: (1) The time the security interest would have become unperfected under the law of that jurisdiction; or (2) The expiration of four months after a change of the applicable jurisdiction to another jurisdiction. (g) Subsection (f) of this Code section security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (f) of this Code section becomes perfected under the law of the other jurisdiction before the earlier of

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the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
Subpart 3 Priority
11-9-317. Interests that take priority over or take free of security interest or agricultural lien.
(a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
(1) A person entitled to priority under Code Section 11-9-322; and (2) Except as otherwise provided in subsection (e) of this Code section, a person that becomes a lien creditor before the earlier of the time:
(A) The security interest or agricultural lien is perfected; or (B) A financing statement covering the collateral is filed. (b) Buyers that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a buyer, other than a secured party, of tangible chattel paper, documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (c) Lessees that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, general intangibles, or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. (e) Purchase money security interest. Except as otherwise provided in Code Sections 11-9-320 and 11-9-321, if a person files a financing statement with respect to a purchase money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
11-9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
(a) Seller retains no interest. A debtor that has sold an account, chattel paper, payment

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intangible, or promissory note does not retain a legal or equitable interest in the collateral sold. (b) Deemed rights of debtor if buyers security interest unperfected. For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper, while the buyers security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.
11-9-319. Rights and title of consignee with respect to creditors and purchasers. (a) Consignee has consignors rights. Except as otherwise provided in subsection (b) of this Code section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. (b) Applicability of other law. For purposes of determining the rights of a creditor of a consignee, law other than this article determines the rights and title of a consignee while goods are in the consignees possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
11-9-320. Buyer of goods. (a) Buyer in ordinary course of business. Except as otherwise provided in subsection (e) of this Code section, a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyers seller, even if the security interest is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as otherwise provided in subsection (e) of this Code section, a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(1) Without knowledge of the security interest; (2) For value; (3) Primarily for the buyers personal, family, or household purposes; and (4) Before the filing of a financing statement covering the goods. (c) Effectiveness of filing for subsection (b) of this Code section. To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b) of this Code section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by subsections (a) and (b) of Code Section 11-9316. (d) Buyer in ordinary course of business at wellhead or minehead. A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance. (e) Possessory security interest not affected. Subsections (a) and (b) of this Code section do not affect a security interest in goods in the possession of the secured party

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under Code Section 11-9-313.
11-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
(a) 'Licensee in ordinary course of business.' As used in this Code section, the term 'licensee in ordinary course of business' means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in the ordinary course if the license to the person comports with the usual or customary practices in the kind of business in which the licensor is engaged or with the licensors own usual or customary practices. (b) Rights of licensee in ordinary course of business. A licensee in ordinary course of business takes its rights under a nonexclusive license free of a security interest in the general intangible created by the licensor, even if the security interest is perfected and the licensee knows of its existence. (c) Rights of lessee in ordinary course of business. A lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee knows of its existence.
11-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.
(a) General priority rules. Except as otherwise provided in this Code section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection; (2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien; and (3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected. (b) Time of perfection: proceeds and supporting obligations. For the purposes paragraph (1) of subsection (a) of this Code section: (1) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and (2) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation. (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) of this Code section, a security interest in collateral which

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qualifies for priority over a conflicting security interest under Code Section 11-9-327, 11-9-328, 11-9-329, 11-9-330, or 11-9-331 also has priority over a conflicting security interest in:
(1) Any supporting obligation for the collateral; and (2) Proceeds of the collateral if:
(A) The security interest in proceeds is perfected; (B) The proceeds are cash proceeds or of the same type as the collateral; and (C) In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral. (d) First to file priority rule for certain collateral. Subject to subsection (e) of this Code section and except as otherwise provided in subsection (f) of this Code section, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter of credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing. (e) Applicability of subsection (d) of this Code section. Subsection (d) of this Code section applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter of credit rights. (f) Limitations on subsections (a) through (e) of this Code section. Subsections (a) through (e) of this Code section are subject to: (1) Subsection (g) of this Code section and the other provisions of this part; (2) Code Section 11-4-210 with respect to a security interest of a collecting bank; (3) Code Section 11-5-118 with respect to a security interest of an issuer or nominated person; and (4) Code Section 11-9-110 with respect to a security interest arising under Article 2 or 2A of this title. (g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
11-9-322.1. Crops produced with new value. A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations incurred more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest.
11-9-323. Future advances. (a) When priority based on time of advance. Except as otherwise provided in subsection (b) of this Code section, for purposes of determining the priority of a

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perfected security interest under paragraph (1) of subsection (a) of Code Section 11-9322, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
(1) Is made while the security interest is perfected only: (A) Under Code Section 11-9-309 when it attaches; or (B) Temporarily under subsection (e), (f), or (g) of Code Section 11-9-312; and
(2) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under Code Section 11-9-309 or subsection (e), (f), or (g) of Code Section 11-9-312. (b) Buyer of receivables. Subsection (a) of this Code section does not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor. (c) Buyer of goods. Except as otherwise provided in subsection (d) of this Code section, a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the buyers purchase; or (2) Forty-five days after the purchase. (d) Advances made pursuant to commitment; priority of buyer of goods. Subsection (c) of this Code section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyers purchase and before the expiration of the 45 day period. (e) Lessee of goods. Except as otherwise provided in subsection (f) of this Code section, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the lease; or (2) Forty-five days after the lease contract becomes enforceable. (f) Advances made pursuant to commitment; priority of lessee of goods. Subsection (e) of this Code section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45 day period.
11-9-324. Priority of purchase money security interests. (a) General rule; purchase money priority. Except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in Code Section 11-9-327, a perfected security interest in its identifiable proceeds also has priority if the purchase money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter. (b) Inventory purchase money priority. Subject to subsection (c) of this Code section and except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in inventory has priority over a conflicting security

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interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in Code Section 11-9-330, and, except as otherwise provided in Code Section 11-9-327, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
(1) The purchase money security interest is perfected when the debtor receives possession of the inventory; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in inventory of the debtor and describes the inventory. (c) Holders of conflicting inventory security interests to be notified. Paragraphs (2) through (4) of subsection (b) of this Code section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory: (1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under subsection (f) of Code Section 11-9-312, before the beginning of the 20 day period thereunder. (d) Livestock purchase money priority. Subject to subsection (e) of this Code section and except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in Code Section 11-9-327, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if: (1) The purchase money security interest is perfected when the debtor receives possession of the livestock; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in livestock of the debtor and describes the livestock. (e) Holders of conflicting livestock security interests to be notified. Paragraphs (2) through (4) of subsection (d) of this Code section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:

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(1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under subsection (f) of Code Section 11-9-312, before the beginning of the 20 day period thereunder. (f) Software purchase money priority. Except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in Code Section 11-9-327, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this Code section. (g) Conflicting purchase money security interests. If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d), or (f) of this Code section: (1) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and (2) In all other cases, subsection (a) of Code Section 11-9-322 applies to the qualifying security interests.
11-9-325. Priority of security interests in transferred collateral. (a) Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b) of this Code section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1) The debtor acquired the collateral subject to the security interest created by the other person; (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and (3) There is no period thereafter when the security interest is unperfected. (b) Limitation of subsection (a) of this Code section subordination. Subsection (a) of this Code section subordinates a security interest only if the security interest: (1) Otherwise would have priority solely under subsection (a) of Code Section 11-9322 or Code Section 11-9-324; or (2) Arose solely under subsection (3) of Code Section 11-2-711 or subsection (5) of Code Section 11-2A-508.
11-9-326. Priority of security interests created by new debtor. (a) Subordination of security interest created by new debtor. Subject to subsection (b) of this Code section, a security interest created by a new debtor which is perfected by a filed financing statement that is effective solely under Code Section 11-9-508 in collateral in which a new debtor has or acquires rights is subordinate to a security interest in the same collateral which is perfected other than by a filed financing

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statement that is effective solely under Code Section 11-9-508. (b) Priority under other provisions; multiple original debtors. The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements that are effective solely under Code Section 11-9-508. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtors having become bound.
11-9-327. Priority of security interests in deposit account. The following rules govern priority among conflicting security interests in the same deposit account:
(1) A security interest held by a secured party having control of the deposit account under Code Section 11-9-104 has priority over a conflicting security interest held by a secured party that does not have control; (2) Except as otherwise provided in paragraphs (3) and (4) of this Code section, security interests perfected by control under Code Section 11-9-314 rank according to priority in time of obtaining control; (3) Except as otherwise provided in paragraph (4) of this Code section, a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party; and (4) A security interest perfected by control under paragraph (3) of subsection (a) of Code Section 11-9-104 has priority over a security interest held by the bank with which the deposit account is maintained.
11-9-328. Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property:
(1) A security interest held by a secured party having control of investment property under Code Section 11-9-106 has priority over a security interest held by a secured party that does not have control of the investment property; (2) Except as otherwise provided in paragraphs (3) and (4) of this Code section, conflicting security interests held by secured parties each of which has control under Code Section 11-9-106 rank according to priority in time of:
(A) If the collateral is a security, obtaining control; (B) If the collateral is a security entitlement carried in a securities account and:
(i) If the secured party obtained control under paragraph (1) of subsection (d) of Code Section 11-8-106, the secured partys becoming the person for which the securities account is maintained; (ii) If the secured party obtained control under paragraph (2) of subsection (d) of Code Section 11-8-106, the securities intermediarys agreement to comply with the secured partys entitlement orders with respect to security entitlements carried or to be carried in the securities account; or

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(iii) If the secured party obtained control through another person under paragraph (3) of subsection (d) of Code Section 11-8-106, the time on which priority would be based under this paragraph if the other person were the secured party; or (C) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in paragraph (2) of subsection (b) of Code Section 11-9-106 with respect to commodity contracts carried or to be carried with the commodity intermediary; (3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party; (4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party; (5) A security interest in a certificated security in registered form which is perfected by taking delivery under subsection (a) of Code Section 11-9-313 and not by control under Code Section 11-9-314 has priority over a conflicting security interest perfected by a method other than control; (6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Code Section 119-106 rank equally; and (7) In all other cases, priority among conflicting security interests in investment property is governed by Code Sections 11-9-322 and 11-9-323.
11-9-329. Priority of security interests in letter of credit right. The following rules govern priority among conflicting security interests in the same letter of credit right:
(1) A security interest held by a secured party having control of the letter of credit right under Code Section 11-9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control; and (2) Security interests perfected by control under Code Section 11-9-314 rank according to priority in time of obtaining control.
11-9-330. Priority of purchaser of chattel paper or instrument. (a) Purchasers priority; security interest claimed merely as proceeds. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
(1) In good faith and in the ordinary course of the purchasers business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Code Section 11-9-105; and (2) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser. (b) Purchasers priority; other security interests. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely

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as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Code Section 11-9-105 in good faith, in the ordinary course of the purchasers business, and without knowledge that the purchase violates the rights of the secured party. (c) Chattel paper purchasers priority in proceeds. Except as otherwise provided in Code Section 11-9-327, a purchaser having priority in chattel paper under subsection (a) or (b) of this Code section also has priority in proceeds of the chattel paper to the extent that:
(1) Code Section 11-9-322 provides for priority in the proceeds; or (2) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchasers security interest in the proceeds is unperfected. (d) Instrument purchasers priority. Except as otherwise provided in subsection (a) of Code Section 11-9-331, a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party. (e) Holder of purchase money security interest gives new value. For purposes of subsections (a) and (b) of this Code section, the holder of a purchase money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory. (f) Indication of assignment gives knowledge. For purposes of subsections (b) and (d) of this Code section, if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
11-9-331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8 of this title.
(a) Rights under Articles 3, 7, and 8 of this title not limited. This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3, 7, and 8 of this title. (b) Protection under Article 8 of this title. This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8 of this title. (c) Filing not notice. Filing under this article does not constitute notice of a claim or defense to the holders or purchasers or persons described in subsections (a) and (b) of this Code section.
11-9-332. Transfer of money; transfer of funds from deposit account. (a) Transferee of money. A transferee of money takes the money free of a security

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interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (b) Transferee of funds from deposit account. A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
11-9-333. Priority of certain liens. (a) Years support; property taxes; other state taxes; other taxes or judgments. Except as is expressly provided to the contrary elsewhere in this article and in subsection (b) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended, and Code Section 53-7-91 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-40 of the 'Revised Probate Code of 1998,' relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that:
(1) Years support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest; (2) A lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest; (3) A lien for all other state taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such state taxes shall be entered on the execution docket in the place and in the manner provided by law; provided, nevertheless, that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to January 1, 1964; and (4) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest within the meaning of Code Section 11-9-322 or an encumbrance within the meaning of Code Section 119-334, which conflicting security interest was perfected by filing or which encumbrance arose at the time the tax lien or judgment was duly recorded in the place designated by statute applicable thereto. (b) Mechanics liens on farm machinery. A mechanics lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-501 and unless the financing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such description may include the make, model, and serial number of the piece of farm machinery or equipment. However, such description shall be sufficient whether or not it is specific if it reasonably identifies what is described and

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a mistake in such description shall not invalidate the description if it provides a key to identifying the farm machinery or equipment.
11-9-334. Priority of security interests in fixtures and crops. (a) Security interest in fixtures under this article. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materials incorporated into an improvement on land. (b) Security interest in fixtures under real property law. This article does not prevent creation of an encumbrance upon fixtures under real property law. (c) General rule; subordination of security interest in fixtures. In cases not governed by subsections (d) through (h) of this Code section, a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor. (d) Fixtures purchase money priority. Except as otherwise provided in subsection (h) of this Code section, a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
(1) The security interest is a purchase money security interest; (2) The interest of the encumbrancer or owner arises before the goods become fixtures; and (3) The security interest is perfected by a fixture filing before the goods become fixtures or within 20 days thereafter. (e) Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if: (1) The debtor has an interest of record in the real property or is in possession of the real property and the security interest:
(A) Is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and (B) Has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner; (2) Before the goods become fixtures, the security interest is perfected by any method permitted by this article and the fixtures are readily removable: (A) Factory or office machines; (B) Equipment that is not primarily used or leased for use in the operation of the real property; or (C) Replacements of domestic appliances that are consumer goods; or (3) The conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article. (f) Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an

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encumbrancer or owner of the real property if: (1) The encumbrancer or owner has, in an authenticated record, consented to the security interest or disclaimed an interest in the goods as fixtures; or (2) The debtor has a right to remove the goods as against the encumbrancer or owner.
(g) Continuation of subsection (f) of this Code section priority. The priority of the security interest under paragraph (2) of subsection (f) of this Code section continues for a reasonable time if the debtors right to remove the goods as against the encumbrancer or owner terminates. (h) Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f) of this Code section, a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage. (i) Priority of security interest in crops. A perfected security interest in or agricultural lien upon crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.
11-9-335. Accessions. (a) Creation of security interest in accession. A security interest may be created in an accession and continues in collateral that becomes an accession. (b) Perfection of security interest. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (c) Priority of security interest. Except as otherwise provided in subsection (d) of this Code section, the other provisions of this part determine the priority of a security interest in an accession. (d) Compliance with certificate of title statute. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate of title statute under subsection (b) of Code Section 119-311. (e) Removal of accession after default. After default, subject to Part 6 of this article, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole. (f) Reimbursement following removal. A secured party that removes an accession from other goods under subsection (e) of this Code section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the

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accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
11-9-336. Commingled goods. (a) 'Commingled goods.' As used in this Code section, the term 'commingled goods' means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (b) No security interest in commingled goods as such. A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods. (c) Attachment of security interest to product or mass. If collateral becomes commingled goods, a security interest attaches to the product or mass. (d) Perfection of security interest. If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) of this Code section is perfected. (e) Priority of security interest. Except as otherwise provided in subsection (f) of this Code section, the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c) of this Code section. (f) Conflicting security interests in product or mass. If more than one security interest attaches to the product or mass under subsection (c) of this Code section, the following rules determine priority:
(1) A security interest that is perfected under subsection (d) of this Code section has priority over a security interest that is unperfected at the time the collateral becomes commingled goods; and (2) If more than one security interest is perfected under subsection (d) of this Code section, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
11-9-337. Priority of security interests in goods covered by certificate of title. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and (2) The security interest is subordinate to a conflicting security interest in the goods that attaches and is perfected under subsection (b) of Code Section 11-9-311, after issuance of the certificate and without the conflicting secured partys knowledge of the security interest.

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11-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section 119-516 which is incorrect at the time the financing statement is filed:
(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and (2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of chattel paper, documents, goods, instruments, or a security certificate, receives delivery of the collateral.
11-9-339. Priority subject to subordination. This article does not preclude subordination by agreement by a person entitled to priority.
Subpart 4 Rights of Bank
11-9-340. Effectiveness of right of recoupment or set-off against deposit account. (a) Exercise of recoupment or set-off. Except as otherwise provided in subsection (c) of this Code section, a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (b) Recoupment or set-off not affected by security interest. Except as otherwise provided in subsection (c) of this Code section, the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party. (c) When set-off ineffective. The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under paragraph (3) of subsection (a) of Code Section 11-9-104, if the set-off is based on a claim against the debtor.
11-9-341. Banks rights and duties with respect to deposit account. Except as otherwise provided in subsection (c) of Code Section 11-9-340, and unless the bank otherwise agrees in an authenticated record, a banks rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:
(1) The creation, attachment, or perfection of a security interest in the deposit account; (2) The banks knowledge of the security interest; or (3) The banks receipt of instructions from the secured party.

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11-9-342. Banks right to refuse to enter into or disclose existence of control agreement.
This article does not require a bank to enter into an agreement of the kind described in paragraph (2) of subsection (a) of Code Section 11-9-104, even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
Part 4 Rights of Third Parties
11-9-401. Alienability of debtors rights. (a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407, 11-9-408, and 11-9-409, whether a debtors rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtors rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
11-9-402. Secured party not obligated on contract of debtor or in tort. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtors acts or omissions.
11-9-403. Agreement not to assert defenses against assignee. (a) 'Value.' As used in this Code section, the term 'value' has the meaning provided in subsection (a) of Code Section 11-3-303. (b) Agreement not to assert claim or defense. Except as otherwise provided in this Code section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:
(1) For value; (2) In good faith; (3) Without notice of a claim of a property or possessory right to the property assigned; and (4) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under subsection (a) of Code Section 11-3-305. (c) When subsection (b) of this Code section not applicable. Subsection (b) of this Code section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under subsection (b) of Code Section 11-3-

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305. (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtors obligation, law other than this article requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:
(1) The record has the same effect as if the record included such a statement; and (2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement. (e) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (f) Other law not displaced. Except as otherwise provided in subsection (d) of this Code section, this Code section does not displace law other than this article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
11-9-404. Rights acquired by assignee; claims and defenses against assignee. (a) Assignees rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims and subject to subsections (b) through (e) of this Code section, the rights of an assignee are subject to:
(1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee. (b) Account debtors claim reduces amount owed to assignee. Subject to subsection (c) of this Code section and except as otherwise provided in subsection (d) of this Code section, the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) of this Code section only to reduce the amount the account debtor owes. (c) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtors obligation, law other than this article requires that the record include a statement to the effect that the account debtors recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record

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included such a statement. (e) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.
11-9-405. Modification of assigned contract. (a) Effect of modification on assignee. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d) of this Code section. (b) Applicability of subsection (a) of this Code section. Subsection (a) of this Code section applies to the extent that:
(1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or (2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under subsection (a) of Code Section 11-9-406. (c) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (d) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.
11-9-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
(a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (i) of this Code section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor. (b) When notification ineffective. Subject to subsection (h) of this Code section, notification is ineffective under subsection (a) of this Code section:
(1) If it does not reasonably identify the rights assigned; (2) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtors duty to pay a person other than the seller and the limitation is effective under law other than this article; or (3) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the

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assignee, even if: (A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee; (B) A portion has been assigned to another assignee; or (C) The account debtor knows that the assignment to that assignee is limited.
(c) Proof of assignment. Subject to subsection (h) of this Code section, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a) of this Code section. (d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9-407, and 53-1228 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note. (e) Inapplicability of subsection (d) of this Code section to certain sales. Subsection (d) of this Code section does not apply to the sale of a payment intangible or promissory note. (f) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Sections 11-2A-303 and 11-9-407 and subject to subsections (h) and (i) of this Code section, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation: (1) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest, in the account or chattel paper; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper. (g) Paragraph (3) of subsection (b) not waivable. Subject to subsection (h) of this Code section, an account debtor may not waive or vary its option under paragraph (3) of subsection (b) of this Code section.

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(h) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (i) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.
11-9-407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessors residual interest.
(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section, a term in a lease agreement is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment, transfer, creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessors residual interest in the goods; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in subsection (7) of Code Section 11-2A-303, a term described in paragraph (2) of subsection (a) of this Code section is effective to the extent that there is: (1) A transfer by the lessee of the lessees right of possession or use of the goods in violation of the term; or (2) A delegation of a material performance of either party to the lease contract in violation of the term. (c) Security interest not material impairment. The creation, attachment, perfection, or enforcement of a security interest in the lessors interest under the lease contract or the lessors residual interest in the goods is not a transfer that materially impairs the lessees prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of subsection (4) of Code Section 11-2A-303 unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.
11-9-408. Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective.
(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section or in Code Section 53-12-28, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the

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promissory note, health care insurance receivable, or general intangible, is ineffective to the extent that the term:
(1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible. (b) Applicability of subsection (a) of this Code section to sales of certain rights to payment. Subsection (a) of this Code section applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note. (c) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Section 53-12-28, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health care insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute, or regulation: (1) Would impair the assignment, transfer, creation, attachment, or perfection of a security interest; or (2) Provides that the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible. (d) Limitation on ineffectiveness under subsections (a) and (c) of this Code section. To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (c) of this Code section would be effective under law other than this article but is ineffective under subsection (a) or (c) of this Code section, the creation, attachment, or perfection of a security interest in the promissory note, health care insurance receivable, or general intangible: (1) Is not enforceable against the person obligated on the promissory note or the account debtor; (2) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor; (3) Does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party; (4) Does not entitle the secured party to use or assign the debtors rights under the promissory note, health care insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise

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to the promissory note, health care insurance receivable, or general intangible; (5) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and (6) Does not entitle the secured party to enforce the security interest in the promissory note, health care insurance receivable, or general intangible.
11-9-409. Restrictions on assignment of letter of credit rights ineffective. (a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiarys assignment of or creation of a security interest in a letter of credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:
(1) Would impair the creation, attachment, or perfection of a security interest in the letter of credit right; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter of credit right. (b) Limitation on ineffectiveness under subsection (a) of this Code section. To the extent that a term in a letter of credit is ineffective under subsection (a) of this Code section but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter of credit right: (1) Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary; (2) Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and (3) Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
Part 5 Filing Subpart 1 Filing Office; Contents and Effectiveness of Financing Statement
11-9-501. Filing office. (a) Filing offices. Except as otherwise provided in subsection (b) of this Code section, if the law of this state governs perfection of a security interest or agricultural lien, the

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office in which to file a financing statement to perfect the security interest or agricultural lien is:
(1) The office designated for the filing or recording of a record of a mortgage on the related real property, if:
(A) The collateral is as-extracted collateral, crops, or timber to be cut; or (B) The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) The office of the clerk of the superior court of any county of this state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing. (b) Filing office for transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the clerk of the superior court of any county of this state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
11-9-502. Contents of financing statement; real estate mortgages as fixture filings; time of filing financing statement.
(a) Sufficiency of financing statement. Subject to subsection (b) of this Code section, a financing statement is sufficient only if it:
(1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; (3) Indicates the collateral covered by the financing statement; and (4) Where both (A) the collateral described consists only of consumer goods as defined in paragraph (24) of subsection (a) of Code Section 11-9-102 and (B) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation or specifies that such obligation is not subject to a maturity date. (b) Real property related financing statements. Except as otherwise provided in subsection (b) of Code Section 11-9-501, to be sufficient, a financing statement that covers as-extracted collateral, crops, or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) of this Code section and also: (1) Indicate that it covers this type of collateral; (2) Indicate that it is to be filed for record in the real property records; (3) Provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this state if the description were contained in a record of the mortgage of the real property; and (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner. (c) Real estate mortgages as fixture filings. A real estate mortgage may not be filed as a fixture filing, but one filed prior to January 1, 1995, which was effective as a fixture filing when filed, remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.

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(d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
11-9-503. Name of debtor and secured party. (a) Sufficiency of debtors name. A financing statement sufficiently provides the name of the debtor:
(1) If the debtor is a registered organization, only if the financing statement provides the name of the debtor indicated on the public record of the debtors jurisdiction of organization which shows the debtor to have been organized; (2) If the debtor is a decedents estate, only if the financing statement provides the name of the decedent and indicates that the debtor is an estate; (3) If the debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:
(A) Provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and (B) Indicates, in the debtors name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and (4) In other cases: (A) If the debtor has a name, only if it provides the individual or organizational name of the debtor; and (B) If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor. (b) Additional debtor related information. A financing statement that provides the name of the debtor in accordance with subsection (a) of this Code section is not rendered ineffective by the absence of: (1) A trade name or other name of the debtor; or (2) Unless required under subparagraph (a)(4)(B) of this Code section, names of partners, members, associates, or other persons comprising the debtor. (c) Debtors trade name insufficient. A financing statement that provides only the debtors trade name does not sufficiently provide the name of the debtor. (d) Representative capacity. Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement. (e) Multiple debtors and secured parties. A financing statement may provide the name of more than one debtor and the name of more than one secured party.
11-9-504. Indication of collateral. A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) A description of the collateral pursuant to Code Section 11-9-108; or (2) An indication that the financing statement covers all assets or all personal

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property.
11-9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
(a) Use of terms other than 'debtor' and 'secured party.' A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in subsection (a) of Code Section 11-9-311, using the terms 'consignor,' 'consignee,' 'lessor,' 'lessee,' 'bailor,' 'bailee,' 'licensor,' 'licensee,' 'owner,' 'registered owner,' 'buyer,' 'seller,' or words of similar import, instead of the terms 'secured party' and 'debtor'. (b) Effect of financing statement under subsection (a) of this Code section. This part applies to the filing of a financing statement under subsection (a) of this Code section and, as appropriate, to compliance that is equivalent to filing a financing statement under subsection (b) of Code Section 11-9-311, but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
11-9-506. Effect of errors or omissions. (a) Minor errors and omissions. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (b) Financing statement seriously misleading. Except as otherwise provided in subsection (c) of this Code section, a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section 11-9503 is seriously misleading. (c) Financing statement not seriously misleading. If a search of the records of the filing office under the debtors correct name, using the filing offices standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section 11-9-503, the name provided does not make the financing statement seriously misleading. (d) 'Debtors correct name.' For purposes of subsection (b) of Code Section 11-9-508, the 'debtors correct name' as used in subsection (c) of this Code section means the correct name of the new debtor.
11-9-507. Effect of certain events on effectiveness of financing statement. (a) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (b) Information becoming seriously misleading. Except as otherwise provided in subsection (c) of this Code section and Code Section 11-9-508, a financing statement is

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not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under Code Section 11-9-506. (c) Change in debtors name. If a debtor so changes its name that a filed financing statement becomes seriously misleading under Code Section 11-9-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the change; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the change.
11-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.
(a) Financing statement naming original debtor. Except as otherwise provided in this Code section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) of this Code section to be seriously misleading under Code Section 11-9-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under subsection (d) of Code Section 11-9-203; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under subsection (d) of Code Section 11-9-203 unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time. (c) When Code section not applicable. This Code section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under subsection (a) of Code Section 11-9-507.
11-9-509. Persons entitled to file a record. (a) Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1) The debtor authorizes the filing in an authenticated record or pursuant to subsection (b) or (c) of this Code section; or (2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an

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agricultural lien. (b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) The collateral described in the security agreement; and (2) Property that becomes collateral under paragraph (2) of subsection (a) of Code Section 11-9-315, whether or not the security agreement expressly covers proceeds. (c) Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under paragraph (1) of subsection (a) of Code Section 11-9-315, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under paragraph (2) of subsection (a) of Code Section 11-9-315. (d) Person entitled to file certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if: (1) The secured party of record authorizes the filing; or (2) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by subsection (a) or (c) of Code Section 11-9-513, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed. (e) Multiple secured parties of record. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d) of this Code section.
11-9-510. Effectiveness of filed record. (a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under Code Section 11-9-509. (b) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by subsection (c) of Code Section 11-9-515 is ineffective.
11-9-511. Secured party of record. (a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under subsection (a) of Code Section 11-9-514, the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. (b) Amendment naming secured party of record. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of

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a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under subsection (b) of Code Section 11-9-514, the assignee named in the amendment is a secured party of record. (c) Amendment deleting secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
11-9-512. Amendment of financing statement. (a) Amendment of information in financing statement. Subject to Code Section 11-9509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e) of this Code section, otherwise amend the information provided in a financing statement by filing an amendment that:
(1) Identifies, by its file number, the initial financing statement to which the amendment relates; and (2) If the amendment relates to an initial financing statement filed or recorded in a filing office described in paragraph (1) of subsection (a) of Code Section 11-9-501, provides the information specified in subsection (b) of Code Section 11-9-502. (b) Period of effectiveness not affected. Except as otherwise provided in Code Section 11-9-515, the filing of an amendment does not extend the period of effectiveness of the financing statement. (c) Effectiveness of amendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment. (d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment. (e) Certain amendments ineffective. An amendment is ineffective to the extent it: (1) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or (2) Purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
11-9-513. Termination statement. (a) Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(1) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or (2) The debtor did not authorize the filing of the initial financing statement. (b) Time for compliance with subsection (a) of this Code section. To comply with subsection (a) of this Code section, a secured party shall cause the secured party of record to file the termination statement:

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(1) Within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or (2) If earlier, within 20 days after the secured party receives an authenticated demand from a debtor. (c) Other collateral. In cases not governed by subsection (a) of this Code section, within 90 days after there is no obligation secured by the collateral covered by or described in the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value or, if earlier, within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if: (1) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; (2) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation; (3) The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtors possession; or (4) The debtor did not authorize the filing of the initial financing statement. (d) Effect of filing termination statement. Except as otherwise provided in Code Section 11-9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective.
11-9-514. Assignment of powers of secured party of record. (a) Assignment reflected on initial financing statement. An initial financing statement may reflect an assignment of all of the secured partys power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. (b) Assignment of filed financing statement. A secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
(1) Identifies, by its file number, the initial financing statement to which it relates; (2) Provides the name of the assignor; and (3) Provides the name and mailing address of the assignee.
11-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.
(a) Five-year effectiveness. Except as otherwise provided in subsection (d) of this Code section, a filed financing statement is effective for a period of five years after the date of filing or until the twentieth day after any earlier maturity date required to be

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specified on the filed financing statement. (b) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (c) of this Code section. Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. (c) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) of this Code section or the occurrence of any earlier maturity date required to be specified on a filed financing statement. (d) Effect of filing continuation statement. Except as otherwise provided in Code Section 11-9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing or, where both (1) the collateral described consists only of consumer goods as defined in paragraph (24) of subsection (a) of Code Section 11-9-102 and (2) the secured obligation is originally $5,000.00 or less, any earlier maturity date of the secured obligation specified on such continuation statement. Upon the expiration of the five-year period or the earlier occurrence of a required specified maturity date, the financing statement lapses in the same manner as provided in subsection (b) of this Code section, unless, before the lapse, another continuation statement is filed pursuant to subsection (c) of this Code section. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
11-9-516. What constitutes filing; effectiveness of filing. (a) What constitutes filing. Except as otherwise provided in subsection (b) of this Code section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing. (b) Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:
(1) The record is not communicated by a method or medium of communication authorized by the filing office; (2) An amount equal to or greater than the applicable filing fee is not tendered; (3) The authority is unable to index the record because:
(A) In the case of an initial financing statement, the record does not provide a name for the debtor; (B) In the case of an amendment or correction statement, the record:
(i) Does not identify the initial financing statement as required by Code Section 11-9-512 or 11-9-518, as applicable; (ii) Identifies an initial financing statement whose effectiveness has lapsed under

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Code Section 11-9-515; (iii) Identifies more than one initial financing statement; or (iv) Indicates that it is presented to accomplish more than one action, such as amendment and continuation; (C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtors last name; or (D) In the case of a record filed or recorded in the filing office described in paragraph (1) of subsection (a) of Code Section 11-9-501, the record does not provide a sufficient description of the real property to which it relates; (4) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record; (5) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not: (A) Provide a mailing address for the debtor; (B) Indicate whether the debtor is an individual or an organization; or (C) If the financing statement indicates that the debtor is an organization, provide: (i) A type of organization for the debtor; or (ii) A jurisdiction of organization for the debtor; or (6) In the case of an assignment reflected in an initial financing statement under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514, the record does not provide a name and mailing address for the assignee. (c) Rules applicable to subsection (b) of this Code section. For purposes of subsection (b) of this Code section: (1) A record does not provide information if the filing office is unable to read or decipher the information; and (2) A record that does not indicate that it is an amendment or accurately identify an initial financing statement to which it relates, as required by Code Section 11-9-512, 11-9-514, or 11-9-518, is an initial financing statement. (d) Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b) of this Code section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
11-9-517. Effect of indexing errors. The failure of the filing office or authority to index a record correctly does not affect the effectiveness of the filed record.

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11-9-518. Inaccurate or wrongfully filed record. (a) Correction statement. A person may file a correction statement with respect to a record indexed under the persons name if the person believes that the record is inaccurate or was wrongfully filed. The correction statement shall be filed in the filing office of the county where the record was filed. (b) Sufficiency of correction statement. A correction statement must:
(1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates; (2) Indicate that it is a correction statement; and (3) Provide the basis for the persons belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the persons belief that the record was wrongfully filed. (c) Record not affected by correction statement. The filing of a correction statement does not affect the effectiveness of an initial financing statement or other filed record.
Subpart 2 Duties and Operation of Filing Office
and Central Indexing System
11-9-519. Numbering, maintaining, and indexing records; communicating information provided in records.
(a) Filing office duties. For each record filed in a filing office, the filing office shall: (1) Assign a unique number to the filed record; (2) Create a record that bears the number assigned to the filed record and the date and time of filing; (3) Maintain the filed record or a microfilm or other photostatic, microphotographic, photographic copy, or optical image of the filed record for public inspection; (4) Transmit each record to the authority in such form and manner as may be required by the authority within 24 hours of filing. Weekends and holidays shall not be included in the calculation of the 24 hour period; and (5) Promptly upon discovering any discrepancy between a filed record and the information as it appears in the central indexing system, retransmit such record to the authority with a notation as to the discrepancy and a request for correction of the central indexing system information.
(b) Central indexing system. (1) The authority shall administer, maintain, and modify a central indexing system which shall contain the records transmitted to it by filing offices pursuant to paragraph (4) of subsection (a) of this Code section. The authority shall, within 24 hours after receipt of each record, include the record in the central filing system and make such information available to the public through the central index. Weekends and holidays shall not be included in the calculation of the 24 hour period.

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(2) The authority may designate one or more agents who will be responsible for any or all of the duties and functions of the authority set out in this Code section. (c) Indexing; general. The authority shall: (1) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and (2) Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided. (d) Indexing; real property related financing statement. If a financing statement is filed as a fixture filing or covers as-extracted collateral, crops, or timber to be cut, it must be filed for record and the filing office shall index it: (1) Under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and (2) To the extent that the law of this state provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described. (e) Indexing; real property related assignment. If a financing statement is filed as a fixture filing or covers as-extracted collateral, crops, or timber to be cut, the filing office shall index an assignment filed under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514: (1) Under the name of the assignor as grantor; and (2) To the extent that the law of this state provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee. (f) Retrieval and association capability. The authority and each filing office shall maintain a capability with respect to the records they are required to index: (1) To retrieve a record by the name of the debtor and by the file number assigned to the initial financing statement to which the record relates; and (2) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement. (g) Removal of debtors name. The authority may not remove a debtors name from the central index until one year after the effectiveness of a financing statement naming the debtor lapses under Code Section 11-9-515 with respect to all secured parties of record.
11-9-520. Acceptance and refusal to accept record. (a) Refusal to accept record. A filing office may refuse to accept a record for filing only for a reason set forth in subsection (b) of Code Section 11-9-516. (b) Communication concerning refusal. If a filing office refuses to accept a record for

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filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing office rule but in no event more than two business days after the filing office receives the record. (c) When filed financing statement effective. A filed financing statement satisfying subsections (a) and (b) of Code Section 11-9-502 is effective, even if the filing office refuses to accept it for filing under subsection (a) of this Code section. However, Code Section 11-9-338 applies to a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section 11-9-516 which is incorrect at the time the financing statement is filed. (d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
11-9-521. Uniform form of written financing statement and amendment; authority may prescribe forms.
(a) Initial financing statement form. Except for a reason set forth in subsection (b) of Code Section 11-9-516, a filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format set out in Section 9521(a) of the Official Text of Revised Article 9, 2000 Revision, of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and such form and format are incorporated into this subsection by reference. (b) Amendment form. Except for a reason set forth in subsection (b) of Code Section 11-9-516, a filing office that accepts written records may not refuse to accept a written record amending an initial financing statement if such record is in the form and format set out in Section 9-521(b) of the Official Text of Revised Article 9, 2000 Revision, of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and such form and format are incorporated into this subsection by reference. (c) The authority may prescribe forms for initial financing statements and amendments. Subject to the provisions of subsections (a) and (b) of this Code section, all written financing statements and amendments must be presented for filing on forms prescribed by the authority.
11-9-522. Maintenance and destruction of records. (a) Postlapse maintenance and retrieval of information. The authority shall maintain a record of the information provided in a filed record for at least one year after the effectiveness of such record or the initial financing statement to which such record relates has lapsed under Code Section 11-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.

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(b) Destruction of written records. Except to the extent that an applicable statute governing disposition of public records provides otherwise, the filing office or the authority immediately may destroy any written record evidencing a financing statement. However, if the filing office or the authority destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a) of this Code section.
11-9-523. Information from filing office and central indexing system; sale or license of records.
(a) Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519 and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
(1) Note upon the copy the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519 and the date and time of the filing of the record; and (2) Send the copy to the person. (b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides: (1) The information in the record; (2) The number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519; and (3) The date and time of the filing of the record. (c) Communication of requested information. Upon payment of a fee therefor established from time to time by the authority, the authority shall communicate or otherwise make available in a record the following information to any person that requests it: (1) Whether there is on file on a date and time specified by the authority, but not a date earlier than three business days before the authority receives the request, any financing statement that:
(A) Designates a particular debtor (or, if the request so states, designates a particular debtor at the address specified in the request); (B) Has not lapsed under Code Section 11-9-515 with respect to all secured parties of record; and (C) If the request so states, has lapsed under Code Section 11-9-515 and a record of which is maintained by the authority under subsection (a) of Code Section 11-9-522; (2) The date and time of filing of each financing statement; and (3) The information provided in each financing statement. (d) Medium for communicating information. In complying with its duty under subsection (c) of this Code section, the authority may communicate information in any

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medium. However, if requested, the authority shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity. (e) Timeliness of performance. The filing office shall perform the acts required by subsections (a) and (b) of this Code section and the authority shall perform the acts required by subsections (c) and (d) of this Code section at the time and in the manner prescribed by filing office rule but not later than two business days after the filing office or the authority, as the case may be, receives the request. (f) Public availability of records. At least weekly, the authority shall offer to sell or license to the public on a nonexclusive basis, upon payment of the fee therefor established from time to time by the authority, in bulk, copies of all records transmitted to it under this part, in every medium from time to time available to the authority.
11-9-524. Delay by filing office or authority. Delay by the filing office or authority beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office or authority; and (2) The filing office or authority exercises reasonable diligence under the circumstances.
11-9-525. Fees. (a) Initial financing statement; general. Except as otherwise provided in subsection (b) of this Code section, the fees for filing a record under this part are the amounts specified in Article 2 of Chapter 6 of Title 15. (b) Fees of the Georgia Superior Court Clerks Cooperative Authority. The Georgia Superior Court Clerks Cooperative Authority is authorized to set and collect fees for incidental services and information provided by the authority or its designated agent with respect to the central indexing system if such fees are not otherwise prescribed by law.
11-9-526. Rules. (a) Adoption of filing office rules. The authority shall adopt and publish rules to implement this article, including rules to administer, maintain, and modify the central indexing system. The filing office rules must be consistent with this article. (b) Harmonization of rules. To keep the filing office rules, practices of the filing offices, and practices of the authority in harmony with the rules and practices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing offices and the authority compatible with the technology used in other jurisdictions that enact substantially this part, the authority, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing office rules, shall:

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(1) Consult with filing offices in other jurisdictions that enact substantially this part; and (2) Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and (3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part. (c) Notification system for farm products. The authority shall not be authorized to adopt rules to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certification of such notification system by the secretary of the United States Department of Agriculture.
Part 6 Default Subpart 1 Default and Enforcement of Security Interest
11-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in Code Section 11-9-602, those provided by agreement of the parties. A secured party:
(1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and (2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107 has the rights and duties provided in Code Section 11-9-207. (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) of this Code section are cumulative and may be exercised simultaneously. (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) of this Code section and Code Section 11-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties. (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of: (1) The date of perfection of the security interest or agricultural lien in the collateral; (2) The date of filing a financing statement covering the collateral; or (3) Any date specified in a statute under which the agricultural lien was created. (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security

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interest or agricultural lien by judicial procedure within the meaning of this Code section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article. (g) Consignor or buyer of certain rights to payment. Except as otherwise provided in subsection (c) of Code Section 11-9-607, this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
11-9-602. Waiver and variance of rights and duties. Except as otherwise provided in Code Section 11-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1) Subparagraph (b)(4)(C) of Code Section 11-9-207, which deals with use and operation of the collateral by the secured party; (2) Code Section 11-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Subsection (c) of Code Section 11-9-607, which deals with collection and enforcement of collateral; (4) Subsection (a) of Code Section 11-9-608 and subsection (c) of Code Section 119-615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Subsection (a) of Code Section 11-9-608 and subsection (d) of Code Section 119-615 to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Code Section 11-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace; (7) Subsection (b) of Code Section 11-9-610 and Code Sections 11-9-611, 11-9-613, and 11-9-614, which deal with disposition of collateral; (8) Subsection (f) of Code Section 11-9-615, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor; (9) Code Section 11-9-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Code Sections 11-9-620, 11-9-621, and 11-9-622, which deal with acceptance of collateral in satisfaction of obligation; (11) Code Section 11-9-623, which deals with redemption of collateral; (12) Code Section 11-9-624, which deals with permissible waivers; and (13) Code Sections 11-9-625 and 11-9-626, which deal with the secured partys liability for failure to comply with this article.
11-9-603. Agreement on standards concerning rights and duties. (a) Agreed standards. The parties may determine by agreement the standards

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measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Code Section 11-9-602 if the standards are not manifestly unreasonable. (b) Agreed standards inapplicable to breach of peace. Subsection (a) of this Code section does not apply to the duty under Code Section 11-9-609 to refrain from breaching the peace.
11-9-604. Procedure if security agreement covers real property or fixtures. (a) Enforcement; personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:
(1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. (b) Enforcement; fixtures. Subject to subsection (c) of this Code section, if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) Under this part; or (2) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. (c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
11-9-605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party:
(1) To a person that is a debtor or obligor, unless the secured party knows: (A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) That the person is a debtor; and (B) The identity of the person.

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11-9-606. Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
11-9-607. Collection and enforcement by secured party. (a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
(1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; (2) May take any proceeds to which the secured party is entitled under Code Section 11-9-315; (3) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral; (4) If it holds a security interest in a deposit account perfected by control under paragraph (1) of subsection (a) of Code Section 11-9-104, may apply the balance of the deposit account to the obligation secured by the deposit account; and (5) If it holds a security interest in a deposit account perfected by control under paragraph (2) or (3) of subsection (a) of Code Section 11-9-104, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party. (b) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under paragraph (3) of subsection (a) of this Code section the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded: (1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and (2) The secured partys sworn affidavit in recordable form stating that:
(A) A default has occurred; and (B) The secured party is entitled to enforce the mortgage nonjudicially. (c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party: (1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor. (d) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) of this Code section reasonable expenses of collection and enforcement, including reasonable attorneys fees and legal expenses incurred by the secured party.

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(e) Duties to secured party not affected. This Code section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
11-9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
(a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Code Section 11-9-607 in the following order to:
(A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party; (B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed; (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holders demand under subparagraph (C) of paragraph (1) of this subsection. (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Code Section 11-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner; and (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency. (b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
11-9-609. Secured partys right to take possession after default. (a) Possession; rendering equipment unusable; disposition on debtors premises. After default, a secured party:
(1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtors premises under Code Section 11-9-610. (b) Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this Code section:

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(1) Pursuant to judicial process; or (2) Without judicial process, if it proceeds without breach of the peace. (c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
11-9-610. Disposition of collateral after default. (a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms. (c) Purchase by secured party. A secured party may purchase collateral:
(1) At a public disposition; or (2) At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations. (d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract. (e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d) of this Code section: (1) In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or (2) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties. (f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) of this Code section if it indicates 'There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition' or uses words of similar import.
11-9-611. Notification before disposition of collateral. (a) 'Notification date.' As used in this Code section, the term 'notification date' means the earlier of the date on which:
(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or (2) The debtor and any secondary obligor waive the right to notification. (b) Notification of disposition required. Except as otherwise provided in subsection (d) of this Code section, a secured party that disposes of collateral under Code Section 11-

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9-610 shall send to the persons specified in subsection (c) of this Code section a reasonable authenticated notification of disposition. (c) Persons to be notified. To comply with subsection (b) of this Code section, the secured party shall send an authenticated notification of disposition to:
(1) The debtor; (2) Any secondary obligor; and (3) If the collateral is other than consumer goods:
(A) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral; (B) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(i) Identified the collateral; (ii) Was indexed under the debtors name as of that date; and (iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and (C) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311. (d) Subsection (b) of this Code section inapplicable; perishable collateral; recognized market. Subsection (b) of this Code section does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. (e) Compliance with subparagraph (c)(3)(B) of this Code section. A secured party complies with the requirement for notification prescribed by subparagraph (c)(3)(B) of this Code section if: (1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtors name in the office indicated in subparagraph (c)(3)(B) of this Code section; and (2) Before the notification date, the secured party: (A) Did not receive a response to the request for information; or (B) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
11-9-612. Timeliness of notification before disposition of collateral. (a) Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this Code section, whether a notification is sent within a reasonable time is a question of fact. (b) Ten-day period sufficient in nonconsumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or

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more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
11-9-613. Contents and form of notification before disposition of collateral; general.
Except in a consumer goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (A) Describes the debtor and the secured party; (B) Describes the collateral that is the subject of the intended disposition; (C) States the method of intended disposition; (D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and (E) States the time and place of a public disposition or the time after which any other disposition is to be made; (2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) of this Code section are nevertheless sufficient is a question of fact; (3) The contents of a notification providing substantially the information specified in paragraph (1) of this Code section are sufficient, even if the notification includes: (A) Information not specified by that paragraph; or (B) Minor errors that are not seriously misleading; (4) A particular phrasing of the notification is not required; and (5) The following form of notification and the form appearing in paragraph (3) of Code Section 11-9-614, when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to which the notification is sent) From: (Name, address, and telephone number of secured party) Name of Debtor(s): (Include only if debtor(s) is (are) not an addressee)
(For a public disposition:) We will sell (or lease or license, as applicable) the (describe collateral) to the highest qualified bidder in public as follows: Day and date: ______________ Time: ______________ Place: ______________
(For a private disposition:) We will sell (or lease or license, as applicable) the (describe collateral) privately sometime after (day and date).
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell (or lease or license, as applicable) (for a charge of

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$__________). You may request an accounting by calling us at (telephone number).
11-9-614. Contents and form of notification before disposition of collateral; consumer goods transaction.
In a consumer goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) The information specified in paragraph (1) of Code Section 11-9-613; (B) A description of any liability for a deficiency of the person to which the notification is sent; (C) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under Code Section 11-9-623 is available; and (D) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available; (2) A particular phrasing of the notification is not required; (3) The following form of notification, when completed, provides sufficient information: (Name and address of secured party) (Date)
NOTICE OF OUR PLAN TO SELL PROPERTY
(Name and address of any obligor who is also a debtor) Subject: (Identification of transaction) We have your (describe collateral), because you broke promises in our agreement.
(For a public disposition:) We will sell (describe collateral) at public sale. A sale could include a lease or license. The sale will be held as follows: Date: ______________ Time: ______________ Place: _____________ You may attend the sale and bring bidders if you want.
(For a private disposition:) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you (will or will not, as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn

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the exact amount you must pay, call us at (telephone number). If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (telephone number) or write us at (secured partys address) and request a written explanation. (We will charge you $__________ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.) If you need more information about the sale call us at (telephone number) or write us at (secured partys address). We are sending this notice to the following other people who have an interest in (describe collateral) or who owe money under your agreement: (Names of all other debtors and obligors, if any); (4) A notification in the form of paragraph (3) of this Code section is sufficient, even if additional information appears at the end of the form; (5) A notification in the form of paragraph (3) of this Code section is sufficient, even if it includes errors in information not required by paragraph (1) of this Code section, unless the error is misleading with respect to rights arising under this article; and (6) If a notification under this Code section is not in the form of paragraph (3) of this Code section, law other than this article determines the effect of including information not required by paragraph (1) of this Code section.
11-9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.
(a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of a disposition under Code Section 11-9-610 in the following order to:
(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party; (2) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made; (3) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:
(A) The secured party receives from the holder of the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and (B) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and (4) A secured party that is a consignor of the collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed. (b) Proof of subordinate interest. If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not

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comply with the holders demand under paragraph (3) of subsection (a) of this Code section. (c) Application of noncash proceeds. A secured party need not apply or pay over for application noncash proceeds of a disposition under Code Section 11-9-610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (d) Surplus or deficiency if obligation secured. If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection (a) of this Code section and permitted by subsection (c) of this Code section:
(1) Unless paragraph (4) of subsection (a) of this Code section requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and (2) The obligor is liable for any deficiency. (e) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes: (1) The debtor is not entitled to any surplus; and (2) The obligor is not liable for any deficiency. (f) Calculation of surplus or deficiency in disposition to person related to secured party. The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party, or a secondary obligor if: (1) The transferee in the disposition is the secured party, a person related to the secured party, or a secondary obligor; and (2) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. (g) Cash proceeds received by junior secured party. A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made: (1) Takes the cash proceeds free of the security interest or other lien; (2) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and (3) Is not obligated to account to or pay the holder of the security interest or other lien for any surplus.
11-9-616. Explanation of calculation of surplus or deficiency. (a) Definitions. As used in this Code section, the term:
(1) 'Explanation' means a writing that:

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(A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of this Code section of how the secured party calculated the surplus or deficiency; (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available. (2) 'Request' means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under Code Section 11-9-610. (b) Explanation of calculation. In a consumer goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Code Section 11-9-615, the secured party shall: (1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and (B) Within 14 days after receipt of a request; or (2) In the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured partys right to a deficiency. (c) Required information. To comply with subparagraph (a)(1)(B) of this Code section, a writing must provide the following information in the following order: (1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition; (2) The amount of proceeds of the disposition; (3) The aggregate amount of the obligations after deducting the amount of proceeds; (4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorneys fees secured by the collateral which are known to the secured party and relate to the current disposition; (5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1) of this subsection; and

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(6) The amount of the surplus or deficiency. (d) Substantial compliance. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) of this Code section is sufficient, even if it includes minor errors that are not seriously misleading. (e) Charges for responses. A debtor or consumer obligor is entitled without charge to one response to a request under this Code section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to paragraph (1) of subsection (b) of this Code section. The secured party may require payment of a charge not exceeding $10.00 for each additional response.
11-9-617. Rights of transferee of collateral. (a) Effects of disposition. A secured partys disposition of collateral after default:
(1) Transfers to a transferee for value all of the debtors rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinate security interest or other subordinate lien. (b) Rights of good faith transferee. A transferee that acts in good faith takes free of the rights and interests described in subsection (a) of this Code section, even if the secured party fails to comply with this article or the requirements of any judicial proceeding. (c) Rights of other transferee. If a transferee does not take free of the rights and interests described in subsection (a) of this Code section, the transferee takes the collateral subject to: (1) The debtors rights in the collateral; (2) The security interest or agricultural lien under which the disposition is made; and (3) Any other security interest or other lien.
11-9-618. Rights and duties of certain secondary obligors. (a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
(1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or (3) Is subrogated to the rights of a secured party with respect to collateral. (b) Effect of assignment, transfer, or subrogation. An assignment, transfer, or subrogation described in subsection (a) of this Code section: (1) Is not a disposition of collateral under Code Section 11-9-610; and (2) Relieves the secured party of further duties under this article.
11-9-619. Transfer of record or legal title. (a) 'Transfer statement.' As used in this Code section, the term 'transfer statement' means a record authenticated by a secured party stating:
(1) That the debtor has defaulted in connection with an obligation secured by

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specified collateral; (2) That the secured party has exercised its postdefault remedies with respect to the collateral; (3) That, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) The name and mailing address of the secured party, debtor, and transferee. (b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate of title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) Accept the transfer statement; (2) Promptly amend its records to reflect the transfer; and (3) If applicable, issue a new appropriate certificate of title in the name of the transferee. (c) Transfer not a disposition; no relief of secured partys duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) of this Code section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article.
11-9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
(a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection (g) of this Code section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
(1) The debtor consents to the acceptance under subsection (c) of this Code section; (2) The secured party does not receive, within the time set forth in subsection (d) of this Code section, a notification of objection to the proposal authenticated by:
(A) A person to which the secured party was required to send a proposal under Code Section 11-9-621; or (B) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal; (3) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (4) Subsection (e) of this Code section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to Code Section 11-9624. (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this Code section is ineffective unless: (1) The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and (2) The conditions of subsection (a) of this Code section are met.

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(c) Debtors consent. For purposes of this Code section: (1) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and (2) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party: (A) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (B) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (C) Does not receive a notification of objection authenticated by the debtor within 20 days after the proposal is sent.
(d) Effectiveness of notification. To be effective under paragraph (2) of subsection (a) of this Code section, a notification of objection must be received by the secured party:
(1) In the case of a person to which the proposal was sent pursuant to Code Section 11-9-621, within 20 days after notification was sent to that person; and (2) In other cases:
(A) Within 20 days after the last notification was sent pursuant to Code Section 119-621; or (B) If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this Code section. (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Code Section 11-9610 within the time specified in subsection (f) of this Code section if: (1) Sixty percent of the cash price has been paid in the case of a purchase money security interest in consumer goods; or (2) Sixty percent of the principal amount of the obligation secured has been paid in the case of a nonpurchase money security interest in consumer goods. (f) Compliance with mandatory disposition requirement. To comply with subsection (e) of this Code section, the secured party shall dispose of the collateral: (1) Within 90 days after taking possession; or (2) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default. (g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
11-9-621. Notification of proposal to accept collateral. (a) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:

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(1) Any person from which the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) Any other secured party or lienholder that, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(A) Identified the collateral; (B) Was indexed under the debtors name as of that date; and (C) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and (3) Any other secured party that, ten days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311. (b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a) of this Code section.
11-9-622. Effect of acceptance of collateral. (a) Effect of acceptance. A secured partys acceptance of collateral in full or partial satisfaction of the obligation it secures:
(1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtors rights in the collateral; (3) Discharges the security interest or agricultural lien that is the subject of the debtors consent and any subordinate security interest or other subordinate lien; and (4) Terminates any other subordinate interest. (b) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or terminated under subsection (a) of this Code section, even if the secured party fails to comply with this article.
11-9-623. Right to redeem collateral. (a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) Requirements for redemption. To redeem collateral, a person shall tender:
(1) Fulfillment of all obligations secured by the collateral; and (2) The reasonable expenses and attorneys fees described in paragraph (1) of subsection (a) of Code Section 11-9-615. (c) When redemption may occur. A redemption may occur at any time before a secured party: (1) Has collected collateral under Code Section 11-9-607; (2) Has disposed of collateral or entered into a contract for its disposition under Code Section 11-9-610; or (3) Has accepted collateral in full or partial satisfaction of the obligation it secures

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under Code Section 11-9-622.
11-9-624. Waiver. (a) Waiver of disposition notification. A debtor or secondary obligor may waive the right to notification of disposition of collateral under Code Section 11-9-611 only by an agreement to that effect entered into and authenticated after default. (b) Waiver of mandatory disposition. A debtor may waive the right to require disposition of collateral under subsection (e) of Code Section 11-9-620 only by an agreement to that effect entered into and authenticated after default. (c) Waiver of redemption right. Except in a consumer goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under Code Section 11-9623 only by an agreement to that effect entered into and authenticated after default.
Subpart 2 Noncompliance with Article
11-9-625. Remedies for secured partys failure to comply with article. (a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance. Subject to subsections (c), (d), and (f) of this Code section, a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting from the debtors inability to obtain, or increased costs of, alternative financing. (c) Persons entitled to recover damages; statutory damages in consumer goods transaction. Except as otherwise provided in Code Section 11-9-628:
(1) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) of this Code section for its loss; and (2) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time price differential plus 10 percent of the cash price. (d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under Code Section 11-9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under Code Section 11-9-626 may not otherwise recover under subsection (b) of this Code section for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance. (e) Statutory damages; noncompliance with specified provisions. In addition to any damages recoverable under subsection (b) of this Code section, the debtor, consumer

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obligor, or person named as a debtor in a filed record, as applicable, may recover $250.00 in each case from a person that:
(1) Fails to comply with Code Section 11-9-208; (2) Fails to comply with Code Section 11-9-209; (3) Files a record that the person is not entitled to file under subsection (a) of Code Section 11-9-509; (4) Fails to cause the secured party of record to file or send a termination statement as required by subsection (a) or (c) of Code Section 11-9-513; (5) Fails to comply with paragraph (1) of subsection (b) of Code Section 11-9-616 and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or (6) Fails to comply with paragraph (2) of subsection (b) of Code Section 11-9-616. (f) Statutory damages; noncompliance with Code Section 11-9-210. A debtor or consumer obligor may recover damages under subsection (b) of this Code section and, in addition, $250.00 in each case from a person that, without reasonable cause, fails to comply with a request under Code Section 11-9-210. A recipient of a request under Code Section 11-9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that Code section has a reasonable excuse for failure to comply with the request within the meaning of this subsection. (g) Limitation of security interest; noncompliance with Code Section 11-9-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Code Section 11-9-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.
11-9-626. Action in which deficiency or surplus is in issue. (a) Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured partys compliance in issue; (2) If the secured partys compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part; (3) Except as otherwise provided in Code Section 11-9-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorneys fees exceeds the greater of:
(A) The proceeds of the collection, enforcement, disposition, or acceptance; or (B) The amount of proceeds that would have been realized had the noncomplying

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secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance; (4) For purposes of subparagraph (B) of paragraph (3) of this subsection, the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorneys fees unless the secured party proves that the amount is less than that sum; (5) If a deficiency or surplus is calculated under subsection (f) of Code Section 11-9615, the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. (b) Nonconsumer transactions; no inference. The limitation of the rules in subsection (a) of this Code section to transactions other than consumer transactions is intended to leave to the court the determination of the proper rules in consumer transactions. The court may not infer from that limitation the nature of the proper rule in consumer transactions and may continue to apply established approaches.
11-9-627. Determination of whether conduct was commercially reasonable. (a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner. (b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) In the usual manner on any recognized market; (2) At the price current in any recognized market at the time of the disposition; or (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition. (c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved: (1) In a judicial proceeding; (2) By a bona fide creditors committee; (3) By a representative of creditors; or (4) By an assignee for the benefit of creditors. (d) Approval under subsection (c) of this Code section not necessary; absence of approval has no effect. Approval under subsection (c) of this Code section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
11-9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.

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(a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and (2) The secured partys failure to comply with this article does not affect the liability of the person for a deficiency. (b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows:
(A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or (2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) That the person is a debtor; and (B) The identity of the person. (c) Limitation of liability if reasonable belief that transaction not a consumer goods transaction or consumer transaction. A secured party is not liable to any person, and a persons liability for a deficiency is not affected, because of any act or omission arising out of the secured partys reasonable belief that a transaction is not a consumer goods transaction or a consumer transaction or that goods are not consumer goods, if the secured partys belief is based on its reasonable reliance on: (1) A debtors representation concerning the purpose for which collateral was to be used, acquired, or held; or (2) An obligors representation concerning the purpose for which a secured obligation was incurred. (d) Limitation of liability for statutory damages. A secured party is not liable to any person under paragraph (2) of subsection (c) of Code Section 11-9-625 for its failure to comply with Code Section 11-9-616. (e) Limitation of multiple liability for statutory damages. A secured party is not liable under paragraph (2) of subsection (c) of Code Section 11-9-625 more than once with respect to any one secured obligation.
Part 7 Transition
11-9-701. Effective date. This article takes effect on July 1, 2001.
11-9-702. Savings clause. (a) Pre-effective date transactions or liens. Except as otherwise provided in this part,

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this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001. (b) Continuing validity. Except as otherwise provided in subsection (c) of this Code section and Code Sections 11-9-703 through 11-9-709:
(1) Transactions and liens that were not governed by former Article 9 of this title, were validly entered into or created before July 1, 2001, and would be subject to this article if they had been entered into or created on or after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens remain valid on or after July 1, 2001; and (2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law, as amended and in effect from time to time, that otherwise would apply before July 1, 2001. (c) Pre-effective date proceedings. This article and amendments to other Code sections which amendments were enacted in conjunction with this article do not affect an action, case, or proceeding commenced before July 1, 2001.
11-9-703. Security interest perfected before effective date. (a) Continuing priority over lien creditor; perfection requirements satisfied. A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, on July 1, 2001, the applicable requirements for enforceability and perfection under this article are satisfied without further action. (b) Continuing priority over lien creditor; perfection requirements not satisfied. Except as otherwise provided in Code Section 11-9-705, if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied on July 1, 2001, the security interest:
(1) Is a perfected security interest on and for one year after July 1, 2001; (2) Remains enforceable thereafter only if the security interest becomes enforceable under Code Section 11-9-203 before the year expires; and (3) Remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires.
11-9-704. Security interest unperfected before effective date. A security interest that is enforceable immediately before July 1, 2001, but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) Remains an enforceable security interest on and for one year after July 1, 2001; (2) Remains enforceable thereafter if the security interest becomes enforceable under Code Section 11-9-203 on July 1, 2001, or within one year thereafter; and (3) Becomes perfected:
(A) Without further action, on July 1, 2001, if the applicable requirements for

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perfection under this article are satisfied before or at that time; or (B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
11-9-705. Effectiveness of action taken before effective date. (a) Pre-effective date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before July 1, 2001, the action is effective to perfect a security interest that attaches under this article within one year after July 1, 2001. An attached security interest becomes unperfected one year after July 1, 2001, unless the security interest becomes a perfected security interest under this article before the expiration of that period. (b) Pre-effective date filing. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article. (c) Pre-effective date filing in jurisdiction formerly governing perfection. This article and amendments to other Code sections which amendments were enacted in conjunction with this article do not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Code Section 11-9-103. However, except as otherwise provided in subsections (d) and (e) of this Code section and Code Section 11-9-706, the financing statement ceases to be effective at the earlier of:
(1) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or (2) June 30, 2006. (d) Continuation statement. The filing of a continuation statement on or after July 1, 2001, does not continue the effectiveness of the financing statement filed before July 1, 2001. However, upon the timely filing of a continuation statement on or after July 1, 2001, and in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001, continues for the period provided by the law of that jurisdiction. (e) Application of paragraph (2) of subsection (c) of this Code section to transmitting utility financing statement. Paragraph (2) of subsection (c) of this Code section applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Code Section 11-9-103 only to the extent that Part 3 of this article provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. (f) Application of Part 5 of this article. A financing statement that includes a financing

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statement filed before July 1, 2001, and a continuation statement filed on or after July 1, 2001, is effective only to the extent that it satisfies the requirements of Part 5 of this article for an initial financing statement.
11-9-706. When initial financing statement suffices to continue effectiveness of financing statement.
(a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in Code Section 11-9-501 continues the effectiveness of a financing statement filed before July 1, 2001, if:
(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this article; (2) The pre-effective date financing statement was filed in an office in another state or another office in this state; and (3) The initial financing statement satisfies subsection (c) of this Code section. (b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) of this Code section continues the effectiveness of the pre-effective date financing statement: (1) If the initial financing statement is filed before July 1, 2001, for the period provided in former Code Section 11-9-403 with respect to a financing statement; and (2) If the initial financing statement is filed on or after July 1, 2001, for the period provided in Code Section 11-9-515 with respect to an initial financing statement. (c) Requirements for initial financing statement under subsection (a) of this Code section. To be effective for purposes of subsection (a), an initial financing statement must: (1) Satisfy the requirements of Part 5 of this article for an initial financing statement; (2) Identify the pre-effective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and (3) Indicate that the pre-effective date financing statement remains effective.
11-9-707. Amendment of pre-effective date financing statement. (a) 'Pre-effective date financing statement.' In this Code section, 'pre-effective date financing statement' means a financing statement filed before July 1, 2001. (b) Applicable law. On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article. However, the effectiveness of a pre-effective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed. (c) Method of amending: general rule. Except as otherwise provided in subsection (d) of this Code section, if the law of this state governs perfection of a security interest, the

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information in a pre-effective date financing statement may be amended on or after July 1, 2001, only if:
(1) The pre-effective date financing statement and an amendment are filed in the office specified in Code Section 11-9-501; (2) An amendment is filed in the office specified in Code Section 11-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection (c) of Code Section 11-9-706; or (3) An initial financing statement that provides the information as amended and satisfies subsection (c) of Code Section 11-9-706 is filed in the office specified in Code Section 11-9-501. (d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement may be continued only under subsections (d) and (f) of Code Section 11-9-705 or Code Section 11-9-706. (e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement filed in this state may be terminated on and after July 1, 2001, by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies subsection (c) of Code Section 11-9-706 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this article as the office in which to file a financing statement.
11-9-708. Persons entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and (2) The filing is necessary under this part:
(A) To continue the effectiveness of a financing statement filed before July 1, 2001; or (B) To perfect or continue the perfection of a security interest.
11-9-709. Priority. (a) Law governing priority. This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Article 9 of this title determines priority. (b) Priority if security interest becomes enforceable under Code Section 11-9-203. For purposes of subsection (a) of Code Section 11-9-322, the priority of a security interest that becomes enforceable under Code Section 11-9-203 dates from July 1, 2001, if the security interest is perfected under this article by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former Article 9 of this title. This subsection does not apply to conflicting

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security interests each of which is perfected by the filing of such a financing statement.
11-9-710. Exculpation. From July 1, 2001, until July 1, 2006, any search company shall not be liable to its customer as a result of failing to disclose the existence of a filed financing statement in any filing office or index maintained by the authority searched in good faith by such search company to the extent such failure is attributable either to the failure of such filing office or the authority, as the case may be, to have properly indexed such filed financing statement or to the failure of the search logic used by such filing office or the authority, as the case may be, to disclose such filed financing statement in response to a search in the appropriate records of such filing office or of such index in the name provided to such search company by its customer. As used in this Code section, 'search company' shall mean any person engaged in the business of conducting or arranging searches of public records of filed financing statements. On and after July 1, 2006, the liability of a search company shall be determined by law other than this article."
SECTION 2. Said title is further amended by striking in its entirety Code Section 11-1-105, relating to the titles territorial application and the parties power to choose applicable law, and inserting in lieu thereof the following:
"11-1-105. Territorial application of the title; parties power to choose applicable law.
(1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-110. Perfection provisions of the article of this title on secured transactions (Article 9 of this title). Code Section 11-9-103. Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens. Code Sections 11-9-301 through 11-9-307.

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Governing law in the article on funds transfers (Article 4A of this title). Code Section 11-4A-507."
SECTION 3. Said title is further amended in Code Section 11-1-201, relating to general definitions, by striking in their entirety subsections (9), (32), and (37), and inserting in lieu thereof the following:
"(9) 'Buyer in ordinary course of business' means a person who that buys goods in good faith and without knowledge that the sale to him is in violation of violates the ownership rights or security interest of a third party of another person in the goods, and buys in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the sellers own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. 'Buying' A buyer in the ordinary course of business may be buy for cash, or by exchange of other property, or on secured or unsecured credit and includes receiving may acquire goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 of this title may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business." "(32) 'Purchase' includes taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property." "(37) 'Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (Code Section 11-2401) is limited in effect to a reservation of a 'security interest.' The term also includes any interest of a consignor and a buyer of accounts, or chattel paper which, a payment intangible, or a promissory note in a transaction that is subject to Article 9 of this title. The special property interest of a buyer of goods on identification of those goods to a contract for sale under Code Section 11-2-401 is not a 'security interest,' but a buyer may also acquire a 'security interest' by complying with Article 9 of this title. Unless a consignment is intended as security, reservation of title thereunder is not a 'security interest,' but a consignment in any event is subject to the provisions on consignment sales (Code Section 11-2-326). Except as otherwise provided in Code Section 11-2505, the right of a seller or lessor of goods under Article 2 or 2A of this title to retain or acquire possession of the goods is not a 'security interest,' but a seller or lessor may also

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acquire a 'security interest' by complying with Article 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (Code Section 11-2-401) is limited in effect to a reservation of a 'security interest.' Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and
(a) The original term of the lease is equal to or greater than the remaining economic life of the goods, (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods, (c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into, (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) The lessee has an option to renew the lease or to become the owner of the goods, (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessees reasonably predictable cost of performing under the lease agreement if the option is not exercised; (y) 'Reasonably predictable' and 'remaining economic life of the goods' are to be determined with reference to the facts and circumstances at the time the transaction is

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entered into; and (z) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into."
SECTION 4. Said title is further amended in Code Section 11-2-103, relating to definitions and an index of definitions, by striking in its entirety subsection (3) and inserting in lieu thereof the following:
"(3) The following definitions in other articles of this title apply to this article: 'Check.' Code Section 11-3-104. 'Consignee.' Code Section 11-7-102. 'Consignor.' Code Section 11-7-102. 'Consumer goods.' Code Section 11-9-109 11-9-102. 'Dishonor.' Code Section 11-3-507 11-3-502. 'Draft.' Code Section 11-3-104."
SECTION 5. Said title is further amended in Code Section 11-2-210, relating to delegation of performance and assignment of rights, by striking in its entirety subsection (2), inserting a new subsection (2) and a new subsection (3), and by renumbering subsections (3), (4), and (5) as subsections (4), (5), and (6), respectively, so that subsections (2) through (6) read as follows:
"(2) Except as otherwise provided in Code Section 11-9-406, unless Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him the other party by his the contract, or impair materially his the other partys chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignors due performance of his the assignors entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment, perfection, or enforcement of a security interest in the sellers interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyers chance of obtaining return performance within the purview of subsection (2) of this Code section unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for

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sale or an injunction against enforcement of the security interest or consummation of the enforcement. (3)(4) Unless the circumstances indicate the contrary a prohibition of assignment of 'the contract' is to be construed as barring only the delegation to the assignee of the assignors performance. (4)(5) An assignment of 'the contract' or of 'all my rights under the contract' or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him the assignee to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract. (5)(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his or her rights against the assignor demand assurances from the assignee (Code Section 11-2609)."
SECTION 6. Said title is further amended by striking in its entirety Code Section 11-2-326, relating to sale on approval and sale or return, consignment sales, and rights of creditors, and inserting in lieu thereof the following:
"11-2-326. Sale on approval and sale or return; consignment sales and rights of creditors.
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(a) A 'sale on approval' if the goods are delivered primarily for use; and (b) A 'sale or return' if the goods are delivered primarily for resale. (2) Goods Except as provided in subsection (3) of this Code section, goods held on approval are not subject to the claims of the buyers creditors until acceptance; goods held on sale or return are subject to such claims while in the buyers possession. (3) Where goods are delivered to a person for sale and such person maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery, then with respect to claims of creditors of the person conducting the business the goods are deemed to be on sale or return. The provisions of this subsection are applicable even though an agreement purports to reserve title to the person making delivery until payment or resale or uses such words as 'on consignment' or 'on memorandum.' However, this subsection is not applicable if the person making delivery: (a) Complies with an applicable law providing for a consignors interest or the like to be evidenced by a sign; or (b) Establishes that the person conducting the business is generally known by his creditors to be substantially engaged in selling the goods of others; or (c) Complies with the filing provisions of the article on secured transactions (Article 9 of this title).

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(4)(3) Any 'or return' term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this article (Code Section 11-2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (Code Section 11-2-202)."
SECTION 7. Said title is further amended by striking in its entirety Code Section 11-2-502, relating to the buyers right to goods on the sellers insolvency, and inserting in lieu thereof the following:
"11-2-502. Buyers right to goods on sellers insolvency. (1) Subject to subsection subsections (2) and (3) of this Code section and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he the buyer has a special property under the provisions of Code Section 11-2501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: the seller becomes insolvent within ten days after receipt of the first installment on their price.
(a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (b) In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price. (2) The buyers right to recover the goods under paragraph (a) of subsection (1) of this Code section vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. (2)(3) If the identification creating his the buyers special property has been made by the buyer he or she acquires the right to recover the goods only if they conform to the contract for sale."
SECTION 8. Said title is further amended in Code Section 11-2-716, relating to the buyers right to specific performance or replevin, by striking in its entirety subsection (3) and inserting in lieu thereof the following:
"(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyers right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver."
SECTION 9. Said title is further amended by striking in its entirety subsection (3) of Code Section 112A-103, relating to definitions and index of definitions, and inserting in lieu thereof the following:

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"(3) The following definitions in other articles of this title apply to this article: 'Account.' Code Section 11-9-106 11-9-102(a). 'Between merchants.' Code Section 11-2-104(3). 'Buyer.' Code Section 11-2-103(1)(a). 'Chattel paper.' Code Section 11-9-105(1)(b) 11-9-102(a). 'Consumer goods.' Code Section 11-9-109(1) 11-9-102(a). 'Document.' Code Section 11-9-105(1)(f) 11-9-102(a). 'Entrusting.' Code Section 11-2-403(3). 'General intangibles intangible.' Code Section 11-9-106 11-9-102(a). 'Good faith.' Code Section 11-2-103(1)(b). 'Instrument.' Code Section 11-9-105(1)(i) 11-9-102(a). 'Merchant.' Code Section 11-2-104(1). 'Mortgage.' Code Section 11-9-105(1)(j) 11-9-102(a). 'Pursuant to commitment.' Code Section 11-9-105(1)(k) 11-9-102(a). 'Receipt.' Code Section 11-2-103(1)(c). 'Sale.' Code Section 11-2-106(1). 'Sale on approval.' Code Section 11-2-326. 'Sale or return.' Code Section 11-2-326. 'Seller.' Code Section 11-2-103(1)(d)."
SECTION 10. Said title is further amended by striking in its entirety Code Section 11-2A-303, relating to the alienability of a partys interest under a lease contract of the lessors residual interest in goods, delegation of performance, and transfer of rights, and inserting in lieu thereof the following:
"11-2A-303. Alienability of partys interest under lease contract or of lessors residual interest in goods; delegation of performance; transfer of rights.
(1) As used in this Code section, 'creation of a security interest' includes the sale of a lease contract that is subject to Article 9 of this title, Secured Transactions, by reason of paragraph (3) of subsection (a) of Code Section 11-9-102(1)(b) 11-9-109. (2) Except as provided in subsections subsection (3) and (4), of this Code section and in Code Section 11-9-407, a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessors residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (5) (4) of this Code section, but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective. (3) A provision in a lease agreement which (i) prohibits the creation or enforcement of a security interest in an interest of a party under the lease contract or in the lessors residual interest in the goods, or (ii) makes such a transfer an event of default, is not

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enforceable unless, and then only to the extent that, there is an actual transfer by the lessee of the lessees right of possession or use of the goods in violation of the provision or an actual delegation of a material performance of either party to the lease contract in violation of the provision. Neither the granting nor the enforcement of a security interest in (i) the lessors interest under the lease contract or (ii) the lessors residual interest in the goods is a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the lessee within the purview of subsection (5) unless, and then only to the extent that, there is an actual delegation of a material performance of the lessor. For purposes of this subsection: (a) a partys 'performance' includes its rights as well as its duties; and (b) a party creating or enforcing (or seeking to create or enforce) a security interest that the lease contract prohibits or makes an event of default has the burden of proving that such a transfer does not involve an actual delegation of a material performance. (4)(3) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferors due performance of the transferor"s entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (5) (4) of this Code section. (5)(4) Subject to subsections subsection (3) of this Code section and (4) to Code Section 11-9-407:
(a) If if a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in subsection (2) of Code Section 11-2A-501(2) 11-2A-501; (b) If if paragraph (a) of this subsection is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (x) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (y) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer. For purposes of clause (b)(2) determining the extent of liability for damages under this paragraph, the transferor has the burden of proving that any of the damages caused by the transfer could reasonably be or have been prevented by the party not making the transfer, and of proving the extent that they could reasonably be or have been so prevented. (6)(5) A transfer of 'the lease' or of 'all my rights under the lease', or a transfer in

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similar general terms, is a transfer of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract. (7)(6) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default. (8)(7) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous."
SECTION 11. Said title is further amended by striking in its entirety Code Section 11-2A-307, relating to the priority of liens arising by attachment or levy on, security interests in, and other claims to goods, and inserting in lieu thereof the following:
"11-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.
(1) Except as otherwise provided in Code Section 11-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsections subsection (3) of this Code section and (4) and in Code Sections 11-2A-306 and 11-2A-308, a creditor of a lessor takes subject to the lease contract unless:
(a) The the creditor holds a lien that attached to the goods before the lease contract became enforceable;. (b) The creditor holds a security interest in the goods and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or (c) The creditor holds a security interest in the goods which was perfected (Code Section 11-9-303) before the lease contract became enforceable. (3) A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected (Code Section 11-9-303) and the lessee knows of its existence. (4) A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than 45 days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period. (3) Except as otherwise provided in Code Sections 11-9-317, 11-9-321, and 11-9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor."

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SECTION 12. Said title is further amended in Code Section 11-2A-309, relating to the lessors and lessee"s rights when goods become fixtures, by striking in its entirety paragraph (b) of subsection (1) and inserting in lieu thereof the following:
"(b) A 'fixture filing' is the filing, in the office where a record of a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of Code Section 119-402(5) subsections (a) and (b) of Code Section 11-9-502;".
SECTION 13. Said title is further amended in Code Section 11-4-210, relating to the security interest of the collecting bank in items, accompanying documents, and proceeds, by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) No security agreement is necessary to make the security interest enforceable (paragraph (a) of subsection (1) of Code Section 11-9-203) (subparagraph (b)(3)(A) of Code Section 11-9-203);".
SECTION 14. Said title is further amended in Article 5, relating to letters of credit, by inserting a new Code section to be designated Code Section 11-5-118 to read as follows:
"11-5-118. Security interest of issuer or nominated person. (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation. (b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a) of this Code section, the security interest continues and is subject to Article 9 of this title, but:
(1) A security agreement is not necessary to make the security interest enforceable under paragraph (3) of subsection (b) of Code Section 11-9-203; (2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and (3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document."
SECTION 15. Said title is further amended in Article 6, relating to bulk transfers, by amending Code Section 11-6-102, relating to defining bulk transfers, transfers of equipment, and enterprises and bulk transfers subject to Article 6, by striking in their entirety paragraphs (1) and (2) and inserting in lieu thereof the following:

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"(1) A 'bulk transfer' is any transfer in bulk and not in the ordinary course of the transferors business of a major part of the materials, supplies, merchandise, or other inventory (Code Section 11-9-109 11-9-102) of an enterprise subject to this article. (2) A transfer of a substantial part of the equipment (Code Section 11-9-109 11-9-102) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise."
SECTION 16. Said title is further amended in Code Section 11-7-503, relating to defeat of the document of title to goods in certain cases, by striking in its entirety subsection (1) and inserting in lieu thereof the following:
"(1) A document of title confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither:
(a) Delivered or entrusted them or any document of title covering them to the bailor or his the bailors nominee with actual or apparent authority to ship, store, or sell or with power to obtain delivery under this article (Code Section 11-7-403) or with power of disposition under this title (Code Sections 11-2-403 and 11-9-307 11-9-320) or other statute or rule of law; nor (b) Acquiesced in the procurement by the bailor or his the bailors nominee of any document of title."
SECTION 17. Said title is further amended in Code Section 11-8-103, relating to rules for determining whether certain obligations and interests are securities or financial assets, by striking in its entirety subsection (f) and inserting in lieu thereof the following:
"(f) A commodity contract, as defined in subsection (a) of Code Section 11-9-115 119-102, is not a security or a financial asset."
SECTION 18. Said title is further amended in Code Section 11-8-106, relating to control, by striking subsections (d) and (f) and inserting in lieu thereof the following:
"(d) A purchaser has 'control' of a security entitlement if: (1) The purchaser becomes the entitlement holder; or (2) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder.; or (3) Another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser."
"(f) A purchaser who has satisfied the requirements of paragraph (2) of subsection (c) of this Code section or paragraph (2) of subsection or (d) of this Code section has control, even if the registered owner in the case of paragraph (2) of subsection (c) of this Code section or the entitlement holder in the case of paragraph (2) of subsection (d)

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of this Code section retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement."
SECTION 19. Said title is further amended in Code Section 11-8-110, relating to applicability and choice of law, by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) The following rules determine a 'securities intermediarys jurisdiction' for purposes of this Code section:
(1) If an agreement between the securities intermediary and its entitlement holder specifies that it is governed by the law of a particular jurisdiction governing the securities account expressly provides that a particular jurisdiction is the securities intermediarys jurisdiction for purposes of this part, this article, or Article 9 of this title, that jurisdiction is the securities intermediarys jurisdiction.; (2) If paragraph (1) of this subsection does not apply and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediarys jurisdiction; (2)(3) If neither paragraph (1) nor paragraph (2) of this subsection applies and an agreement between the securities intermediary and its entitlement holder does not specify the governing law as provided in paragraph (1) of this subsection, but governing the securities account expressly specifies provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediarys jurisdiction.; (3)(4) If an agreement between the securities intermediary and its entitlement holder does not specify a jurisdiction as provided in paragraph (1) or (2) none of the preceding paragraphs of this subsection applies, the securities intermediarys jurisdiction is the jurisdiction in which is located the office identified in an account statement as the office serving the entitlement holders account. is located; and (4)(5) If an agreement between the securities intermediary and its entitlement holder does not specify a jurisdiction as provided in paragraph (1) or (2) of this subsection and an account statement does not identify an office serving the entitlement holders account as provided in paragraph (3) none of the preceding paragraphs of this subsection applies, the securities intermediarys jurisdiction is the jurisdiction in which is located the chief executive office of the securities intermediary is located."
SECTION 20. Said title is further amended in Code Section 11-8-301, relating to delivery, by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Delivery of a certificated security to a purchaser occurs when: (1) The purchaser acquires possession of the security certificate;

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(2) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or (3) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and has been (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank."
SECTION 21. Said title is further amended by striking in its entirety subsection (a) of Code Section 118-302, relating to rights of the purchaser, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in subsections (b) and (c) of this Code section, upon delivery a purchaser of a certificated or uncertificated security to a purchaser, the purchaser acquires all rights in the security that the transferor had or had power to transfer."
SECTION 22. Said title is further amended by striking in its entirety Code Section 11-8-510, relating to the rights of a purchaser of security entitlement from the entitlement holder, and inserting in lieu thereof the following:
"11-8-510. Rights of purchaser of security entitlement from entitlement holder. (a) In a case not covered by the priority rules in Article 9 of this title or the rules stated in subsection (c) of this Code section, an An action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim, and obtains control. (b) If an adverse claim could not have been asserted against an entitlement holder under Code Section 11-8-502, the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder. (c) In a case not covered by the priority rules in Article 9 of this title, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Purchasers Except as otherwise provided in subsection (d) of this Code section, purchasers who have control rank equally, except that a securities according to priority in time of:
(1) The purchasers becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under paragraph (1) of subsection (d) of Code Section 11-8-106; (2) The securities intermediarys agreement to comply with the purchasers entitlement orders with respect to security entitlements carried or to be carried in the

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securities account in which the security entitlement is carried, if the purchaser obtained control under paragraph (2) of subsection (d) of Code Section 11-8-106; or (3) If the purchaser obtained control through another person under paragraph (3) of subsection (d) of Code Section 11-8-106, the time on which priority would be based under this subsection if the other person were the secured party. (d) A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary."
SECTION 23. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended in Code Section 1-3-3, relating to definitions, by striking paragraph (4.1) in its entirety and inserting in lieu thereof the following:
"(4.1) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, ratites, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term 'agriculture,' 'agricultural operations,' or 'agricultural or farm products' is defined in Title 2, Title 4, or Title 10, or Title 11 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state."
SECTION 24. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in Code Section 7-1-4, relating to definitions relative to financial institutions, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Agreement for the payment of money' means a consensual monetary obligation not in the form of an evidence of indebtedness or an investment security and includes an account or general intangible as defined in Code Section 11-9-106 11-9-102."
SECTION 25. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in Code Section 9-9-2, relating to the applicability of the "Georgia Arbitration Code," Part 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, and the exclusive method of arbitration, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to

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arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers; (3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods, as defined in Title 11, the 'Uniform Commercial Code,' under subsection (1) of Code Section 11-2-105 and subsection (1) (a) of Code Section 11-9-109 11-9-102; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975'; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort."
SECTION 26. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-731, relating to definitions relative to multiline heavy equipment dealers, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term 'heavy equipment' shall not include:
(A) Motor vehicles requiring registration and certificates of title; (B) Farm machinery, equipment, and implements; or (C) Equipment that is 'consumer goods' within the meaning of Code Section 11-9109 11-9-102."

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SECTION 27. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended in Code Section 15-6-77, relating to fees of superior court clerks, by striking subsection (f) in its entirety and inserting in lieu thereof the following:
"(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.50
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page . . . . . . . . . . . . . . 4.50
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
(2) Filing maps or plats, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50
(3) For processing an assignment of a security deed, for each deed assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50"
SECTION 28. Said title is further amended in Code Section 15-6-77.3, relating to fees in counties with populations of 350,000 or more in unincorporated areas, by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) In lieu of the fees specified by Code Section 15-6-77 for the clerks services listed below, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following fees for official duties performed by the clerk in providing such services:
(1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00

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(2) Recording maps or plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
The fee for recording maps or plats shall include the fee required by Code Section 47-14-51.
(3) Filing and indexing financing statements and for stamping a copy furnished by the second party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403 Article 9 of Title 11, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
(4) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
(5) Registering and filing trade names pursuant to Code Section 10-1-490 . . . 25.00
(6) Entering writ of fieri facias on general execution docket . . . . . . . . . . . . . . 5.00"
SECTION 29. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-6-13.2, relating to forfeiture and seizure of motor vehicles operated by certain persons who have been convicted of or have pleaded nolo contendere to pandering, by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof the following:
"(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in a motor vehicle."
SECTION 30. Said title is further amended in Code Section 16-13-49, relating to forfeiture of certain contraband and property involved in violations of law relating to controlled substances, by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in property."
SECTION 31. Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, is amended in Code Section 29-2-13, relating to investments, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) The deposit by a guardian of the funds of his or her ward which are in his the guardians hands, at interest, in any bank financial institution which is insured by the

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Federal Deposit Insurance Corporation or National Credit Union Share Insurance Fund shall be deemed an investment and is authorized to the extent that the deposit is insured by the corporation or the fund, as applicable."
SECTION 32. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-3-50, relating to perfection of security interests, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Except as provided in Code Section 11-9-103, relating to accounts, contract rights, general intangibles, and equipment governed by the laws of another jurisdiction, and incoming goods already subject to a security interest Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter."
SECTION 33. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking in its entirety Code Section 44-12-24, relating to assignment of rights of action, and inserting in lieu thereof the following:
"44-12-24. Except for those situations governed by Code Sections 11-2-210 and 11-9-402 11-9406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts or for injuries arising from fraud to the assignor may not be assigned."
SECTION 34. Said title is further amended in Code Section 44-14-36, relating to security agreements and security interests relative to real property, fixtures, and personal property of public utility corporations, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-401 through 11-9-403 11-9-501 through 11-9-504. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed."
SECTION 35. Said title is further amended by striking in their entirety Code Sections 44-14-100, relating to crops, growing crops, agricultural pursuits, and farming, and 44-14-101, relating to crops as personal property, and inserting in lieu thereof the following:
"44-14-100.

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(a) As used in laws relating to security agreements with respect to personal property, the terms 'crops' and 'growing crops' means the fruits and products of all annual or perennial plants, trees, and shrubs and shall also mean crude gum, oleoresin, from a living tree. (b)(a) The planting, growing, cultivating, harvesting, and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of this state as an agricultural pursuit. (c)(b) Every original producer or manufacturer of crude gum, oleoresin, from which is derived or may be derived gum spirits of turpentine and gum resin, and his or her employees are declared to be, for all intents and purposes, farmers insofar as any law of this state relates to farming and farmers.
44-14-101. (a) As used in this Code section, the term 'crops' means the fruits and products of all annual and perennial plants, trees, and shrubs and the crude gum, oleoresin, from a living tree. (b) All matured or unmatured crops are declared to be personalty."
SECTION 36. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-4-146.3, relating to the forfeiture of property and proceeds obtained through Medicaid fraud, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in property."
SECTION 37. This Act shall become effective July 1, 2001.
SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Wiles 34th, Ehrhart of the 36th and Westmoreland of the 104th move to amend the Committee substitute to HB 191 by striking the date "July 1, 2001" and inserting in lieu thereof the date "January 1, 2002" on the following lines:
Lines 22, 26, 30, 31, and 32 of page 105;

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Lines 3, 6, 9, 11, 14, 17, 18, 24, 26, 28, and 30 of page 106;
Lines 3, 5, 7, 8, 10, 23, 24, 25, 28, and 32 of page 107;
Lines 9, 18, 20, 32, and 33 of page 108;
Lines 22 and 33 of page 109;
Line 7 of page 110; and
Line 30 of page 131.
By striking the date "July 1," from line 15 of page 107 and inserting in lieu thereof the date "January 1,".
By striking the date "2001," from line 16 of page 107 and inserting in lieu thereof the date "2002,".
By striking the date "June 30, 2006" from line 22 of page 107 and inserting in lieu thereof the date "December 31, 2007".
By striking lines 2 and 3 of page 108 and inserting in lieu thereof the following:
"statement filed before January 1, 2002, and a continuation statement filed on or after January 1, 2002, is effective only to the extent that it satisfies the requirements of Part 5 of this article".
By striking lines 6 and 7 of page 109 and inserting in lieu thereof the following:
"information in a preeffective date financing statement may be amended on or after January 1, 2002, only if:".
By striking lines 3 and 4 of page 110 and inserting in lieu thereof the following:
"collateral. However, if the relative priorities of the claims were established before January 1, 2002, former Article 9 of this title determines priority."
By striking lines 8 and 9 of page 110 and inserting in lieu thereof the following:
"interest is perfected under this article by the filing of a financing statement before January 1, 2002, which would not have been effective to perfect the security interest under former".

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By striking line 13 of page 110 and inserting in lieu thereof the following:
"From January 1, 2002, until January 1, 2007, any search company shall not be liable to its".
By striking line 23 of page 110 and inserting in lieu thereof the following:
"records of filed financing statements. On and after January 1, 2007, the liability of a search".

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

Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Birdsong
Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

N Cox Y Crawford N Cummings Y Davis
Day Dean Y Deloach, B Deloach, G N Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston Y Howard Y Hudgens N Hudson, N

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas
Lunsford N Maddox N Mangham E Mann
Manning N Martin Y Massey N McBee
McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall
Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling
Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey
Taylor Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams N Wix Y Yates Murphy, Speaker

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On the adoption of the amendment, the ayes were 62, nays 102. 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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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.

Representative Lunsford of the 109th 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 290. By Representative Connell of the 115th:
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 pipe organs or steeple bells to churches; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Y Teague N Teper Y Tillman Y Turnquest

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Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 169, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 290 was ordered immediately transmitted to the Senate.

Representative Lunsford of the 109th 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 Skipper of the 137th assumed the chair.

HB 413. By Representatives Sims of the 167th, Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that no private corporation shall build or operate a detention facility without authorization; to provide that no private corporation shall house out-of-state inmates in a detention facility in this state; and for other purposes.

The following Committee substitute was read:

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A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to prohibit the establishment of new private prison facilities in this state; to authorize, restrict, and regulate operation of private prison facilities in certain existing facilities in this state; to define terms; to authorize local government regulation of such facilities; to provide for the categories of prisoners who may be confined in private prison facilities; to provide that acts which would be a crime if committed within a state prison shall be a crime if committed in a private prison facility; to provide standards for the personnel of such facilities; to provide for authorization for and limitations on the use of firearms by such personnel; to provide for the discharge of prisoners by return to the committing jurisdiction; to provide for conditions of detention; to disclaim state jurisdiction of inmates; to provide for duties of the Department of Corrections, including approval of physical facilities, determination of adequate conditions of custody, and assurance of adequate insurance coverage; to require that facilities achieve and maintain accreditation; to provide for enforcement and remedies; to provide for the promulgation of rules and regulations; to provide for related matters; to provide for severability and construction; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Chapter 13 to read as follows:
"CHAPTER 13
42-13-1. As used in this Code section, the term:
(1) 'Private prison facility' or 'facility' means any facility which is not operated by or under contract with the State of Georgia or any of its political subdivisions and which is used or intended for use for the incarceration of adults. (2) 'Private prison operator' or 'operator' means any person engaged in the operation of a private prison facility.
42-13-2. (a) No new private prison facility may be constructed or established in this state on or after May 1, 2001; and except as provided in subsection (b) of this Code section, no private prison facility shall be operated in this state. (b) A prison structure the construction of which was more than 50 percent complete prior to May 1, 2001, may be operated as a private prison facility only in strict compliance with the provisions of this chapter.

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42-13-3. The operation of any private prison facility shall be subject to the nondiscriminatory zoning ordinances and other ordinances of the political subdivision in which it is located or to be located.
42-13-4. (a) A private prison operator may contract with only another state of the United States or the federal government to provide for housing, care, and control of minimum or medium security level inmates, as provided in this Code section, who are in the lawful custody of such other jurisdiction; who do not have histories of escape from medium or maximum security level correctional facilities for adults; who do not have histories of rioting; and who are sentenced to terms of incarceration for conviction of a felony, other than a felony that would be a capital offense if committed in this state or a sex related offense, within a facility owned or operated by the private prison operator. As used in this subsection, security level restrictions shall refer to the security levels applicable to inmates in institutions within the Georgia Department of Corrections, as determined by policy of the Department of Corrections. (b) Any offense which would be a crime if committed within a state correctional institution of this state shall be a crime if committed in a facility owned or operated by a private prison operator. (c) All personnel employed in a private prison facility shall meet standards promulgated by the Board of Corrections which shall set qualifications for initial and continued employment substantially similar to those applicable to eligibility for employment in a state prison. (d) Any personnel of a facility owned or operated by a private prison operator shall be authorized to carry and use firearms while in the performance of their official duties only in the manner provided in this subsection and only after completing training approved under rules adopted by the Board of Corrections. Private prison personnel shall only be authorized to use firearms for the following purposes:
(1) To prevent escape from the facility or from custody while being transported to or from the facility; or (2) To prevent an act which would cause death or serious bodily injury to any person. The Department of Corrections is authorized to provide training to personnel of the private prison operator, pursuant to contract. The Department of Corrections shall charge a reasonable fee for the training, not to exceed the cost of such training. The provisions of this subsection shall not be construed to confer peace officer status upon any employee of the private prison operator or to authorize the use of firearms, except as provided in this subsection. (e) If an inmate escapes from the facility, or in the event of any riot or other serious disturbance, personnel from the facility immediately shall inform the Department of Public Safety, the county sheriff, and, if the facility is located within the boundaries of a municipality, the police department of the municipality. Any emergency response

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provided by any state or local law enforcement agency shall be at the sole expense of the private prison operator. Each responding agency shall submit a written invoice detailing costs incurred which shall be paid within 30 days of receipt by the private prison operator. (f) A private prison operator shall not accept any maximum security level inmate. (g) If an inmate is to be released or discharged from incarceration, is released or discharged by any court order, is to be placed on probation, or is paroled, the private prison operator immediately shall transfer or return the inmate to the physical custody of the sending jurisdiction which has legal authority over the sentence. (h) A private prison operator shall not allow any inmate to leave the premises of the facility, except to comply with an order to appear in a court of competent jurisdiction, to receive medical care not available at the facility, or to return or be transferred to another jurisdiction as provided by the provisions of subsection (g) of this Code section. (i) A private prison operator shall be responsible for the reimbursement of all reasonable costs and expenses incurred by this state or a political subdivision of this state for legal actions brought in this state by or on behalf of any inmate incarcerated in the facility, including court costs, sheriff mileage fees, witness fees, district attorney expenses, expenses of the office of Attorney General, indigent or public defender fees and costs, judicial expenses, court reporter expenses, and any other costs, fees, or expenses associated with the proceedings or actions. (j) The State of Georgia shall not assume jurisdiction or custody of any inmate from another jurisdiction housed in a facility owned or operated by a private prison operator. Such inmates from another jurisdiction shall at all times be subject to such other jurisdiction. This state shall not be liable for loss resulting from the acts of such inmates nor shall this state be liable for any injuries to the inmates.
42-13-5. (a) A private prison operator shall prior to commencing operation of a private prison facility and thereafter as specified by rules of the Department of Corrections:
(1) Obtain from the Department of Corrections approval of the internal and perimeter security of the facility of the private prison operator. Such approval shall be given only if the commissioner of corrections determines that the security is adequate to protect the public; (2) Show, to the satisfaction of the Department of Corrections, that adequate food, housing, and medical care shall be available for inmates, that the facility will have the necessary qualified personnel to operate the facility, that the financial condition of the private prison operator is such that the facility can be operated adequately, and that the facility has the ability to comply with applicable court orders and American Correctional Association standards; (3) Furnish to the Department of Corrections satisfactory proof that the private prison operator has obtained insurance or is self-insured in such a manner and form and in such an amount as the Department of Corrections may deem necessary and adequate to reimburse this state or a political subdivision of this state for expenses arising from

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any incident which occurs at said prison or which requires intervention by this state or a political subdivision of this state. Such insurance, in addition, shall be in an amount sufficient to indemnify this state and its officers and employees for any liability or other loss, including property damage, judgments, costs, attorneys fees or other expenses arising from the operation of the facility, and such facility shall in any event and regardless of the amount of insurance available indemnify and hold harmless this state and its officers and employees for any and all acts of prison inmates and all officers, employees, and stockholders of such private prison operator for any liability arising out of acts of said inmates, officers, employees, and stockholders of such private prison operator in relation to the operation of the facility. The insurance required by this paragraph shall not provide coverage for more than one facility. If the private prison operator owns or operates more than one facility, separate insurance coverage shall be obtained or provided for each facility; and (4) Obtain written confirmation from the governing board of any municipality in which the facility is to be located or, if the facility is not to be located within a municipality, written confirmation from the board of county commissioners of the county in which the facility is to be located that the facility is in compliance with all applicable zoning ordinances and other ordinances. (b) A private prison operator shall attain accreditation by the American Correctional Association within three years after commencing operation of the facility and thereafter shall maintain such accreditation. (c) The Department of Corrections shall have assigned to each private prison facility in the state a full-time monitor employed by the department who shall observe and review the performance of the private prison operator and the continued compliance of the private prison operator with the provisions of this chapter. If at any time a private prison operator fails to comply with any of said provisions, the commissioner of corrections may order the facility to cease operations. If a private prison operator fails to attain or maintain the accreditation required by subsection (b) of this Code section, the Department of Corrections shall order the facility to cease operations. Any order to cease operations may be enforced by injunction issued by a superior court of this state. (d) Each private prison operator shall pay to the Department of Corrections an amount established by the department to compensate the department for the direct and indirect costs incurred in providing a monitor or monitors for that operator, as provided in subsection (c) of this Code section.
42-13-6. The Board of Corrections shall promulgate and adopt rules for the implementation of this chapter."
SECTION 2. (a) In the event any part of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect. The General Assembly declares

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that it would have enacted the remaining parts of this Act if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional. (b) In the event any provision of federal law supersedes or makes unenforceable any part of this Act, such event shall not affect the remaining portions of this Act, which shall remain of full force and effect. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portion thereof would be superseded or made unenforceable.
SECTION 3. This Act shall become effective on May 1, 2001.
SECTION 4. 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 413 as follows:
Delete lines 6-12 of page 2.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong
Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch

N Cox N Crawford N Cummings Y Davis
Day Y Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene

Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier N Lewis N Lord N Lucas Y Lunsford

N Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D

Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow
Squires N Stallings N Stancil N Stanley N Stanley-Turner Y Stephens
Stokes N Stuckey N Taylor N Teague N Teper N Tillman

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N Bunn Burkhalter
Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

Roberts, L Rogers N Royal N Sailor Y Sanders E Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield Skipper Y Smith, B

N Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 58, nays 108. The amendment was lost.

The following amendment was read:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 413 as follows:
Page 4, line 3 (j), add before the sentence begins:
"Except for an emergency situation,"
Change the "T" to a lower case "the".

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister N Barnard N Barnes N Bell N Birdsong
Black Y Boggs

Cox N Crawford N Cummings Y Davis
Day Y Dean N Deloach, B Y Deloach, G N Dix N Dodson Y Drenner

N Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan

N Mueller Y Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag Y Porter N Powell N Purcell

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

Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck
Buckner N Bulloch Y Bunn
Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

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Y Dukes Y Ehrhart Y Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene N Hammontree N Hanner Y Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson Y Hines N Holland Y Holmes N Houston N Howard Y Hudgens N Hudson, N

N Joyce Y Kaye Y Keen Y Knox N Lane N Lanier N Lewis N Lord N Lucas Y Lunsford
Maddox N Mangham E Mann N Manning Y Martin N Massey N McBee N McCall Y McClinton N McKinney Y Millar N Mills Y Mobley N Morris N Mosley

Y Ragas N Randall N Ray N Reece Y Reed N Reese N Reichert N Rice N Richardson Y Roberts, D
Roberts, L Rogers N Royal Sailor Y Sanders E Scheid N Scott N Seay N Shanahan N Shaw N Sholar Y Sims N Sinkfield Skipper Y Smith, B

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N Stancil N Stanley Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y Teague N Teper N Tillman Y Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 74, nays 91. The amendment was lost.

Representative Mobley of the 69th moved that the House reconsider its action in failing to adopt the Mobley amendment.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Bell N Birdsong
Black Y Boggs Y Bohannon N Bordeaux N Borders N Bridges

N Cox N Crawford Y Cummings Y Davis
Day Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps N Everett

N Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox

N Mueller Y Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag Y Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece

Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens

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N Brooks N Broome Y Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson Y Hines N Holland Y Holmes Y Houston Y Howard Y Hudgens N Hudson, N

N Lane N Lanier Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey N McBee N McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley N Morris N Mosley

Y Reed N Reese N Reichert N Rice N Richardson Y Roberts, D Y Roberts, L
Rogers N Royal N Sailor Y Sanders E Scheid N Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield
Skipper Y Smith, B

Y Stokes Y Stuckey Y Taylor Y Teague Y Teper N Tillman Y Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 102, nays 69. The motion prevailed.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes N Bell N Birdsong
Black Y Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck Y Buckner N Bulloch Y Bunn

N Cox N Crawford Y Cummings Y Davis
Day N Dean N Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene N Hammontree

N Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford Y Maddox

N Mueller Y Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag Y Porter N Powell N Purcell Y Ragas N Randall Y Ray N Reece Y Reed N Reese N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

N Smith, C Y Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil N Stanley Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y Teague N Teper N Tillman Y Turnquest

Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

TUESDAY, MARCH 6, 2001

N Hanner Y Harbin Y Harrell
Heard Y Heckstall N Hembree Y Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

Y Mangham E Mann Y Manning Y Martin N Massey N McBee N McCall Y McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley

Rogers N Royal N Sailor Y Sanders E Scheid N Scott Y Seay Y Shanahan N Shaw N Sholar Y Sims N Sinkfield
Skipper Y Smith, B

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N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 85, nays 85. The Chair voted nay. On the adoption of the amendment, the ayes were 85, nays 86. The amendment was lost.

The following amendment was read and adopted:

Representative Teague of the 58th moves to amend the Committee substitute to HB 413 as follows:
By adding a new number (3) after line 5 on page 2 to read as follows:
"Notwithstanding any other provision of this Act to the contrary, the South Fulton Municipal Jail Authority shall not be construed herein to be a private prison facility."

The Committee substitute, as amended, was adopted.

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

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N Allen N Amerson N Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Cox Y Crawford Y Cummings N Davis
Day Y Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor N Sanders E Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield
Skipper N Smith, B

Y Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams
Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 169th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 413 was ordered immediately transmitted to the Senate.

TUESDAY, MARCH 6, 2001 The Speaker assumed the Chair.

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The Speaker announced the House in recess until 1:45 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 488. By Representatives Lunsford of the 109th, Cash of the 108th, Watson of the 70th and Sanders of the 107th:
A RESOLUTION recognizing and commending the Honorable Richard Craig, Mayor, City of McDonough; and for other purposes.

HR 489. By Representatives Lunsford of the 109th, Cash of the 108th, Watson of the 70th and Sanders of the 107th:
A RESOLUTION commending Mr. Gerald Hudgins; and for other purposes.

HR 490. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Royal of the 164th and others:
A RESOLUTION recognizing and commending Connie Comer Blackmon; and for other purposes.

HR 491. By Representatives Snelling of the 99th, Hembree of the 98th, Richardson of the 26th, Stallings of the 100th and West of the 101st:
A RESOLUTION recognizing and commending Shea Cowart; and for other purposes.

HR 492. By Representative Smith of the 91st: A RESOLUTION commending Chris Smoak; and for other purposes.

HR 493. By Representatives Parrish of the 144th, Buck of the 135th, Smyre of the 136th, Burkhalter of the 41st, Ehrhart of the 36th and others:

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A RESOLUTION recognizing "A Celebration of Golf in Georgia" for 2001; and for other purposes.
HR 494. By Representative Cox of the 105th: A RESOLUTION congratulating the Starr's Mill High School varsity wrestling team on its second state wrestling championship; and for other purposes.
HR 495. By Representatives Pelote of the 149th and Mueller of the 152nd: A RESOLUTION expressing sympathy at the passing of Malcolm R. Maclean; and for other purposes.
HR 496. By Representative Orrock of the 56th: A RESOLUTION commending Lawrence McCurdy; and for other purposes.
HR 497. By Representative Coan of the 82nd: A RESOLUTION expressing appreciation to Templeton Tours, Inc., Mr. Maurice Templeton, Mr. Jeff Templeton, Mr. Tommy Burgess, and their staff; and for other purposes.
HR 498. By Representative Smith of the 91st: A RESOLUTION commending Brent Utley; and for other purposes.
HR 499. By Representatives Bunn of the 74th and Mangham of the 75th: A RESOLUTION commending Margaret B. "Buni" Dunn; and for other purposes.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

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Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell
Birdsong Black Boggs Y Bohannon Y Bordeaux Borders Y Bridges Y Brooks Y Broome Brown Buck Y Buckner Bulloch Bunn Burkhalter Y Burmeister Y Byrd Callaway Campbell Y Cash Y Channell Childers Y Coan Coleman, B Coleman, T Collins Y Connell Cooper

Y Cox Crawford Cummings Davis Day Dean
Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Dukes Y Ehrhart Epps Y Everett Floyd Forster Franklin Y Golick Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Holmes Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S Hugley Irvin Jackson, B Jackson, L James Jamieson Y Jenkins Y Jennings Johnson Y Jordan Joyce Y Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham E Mann Manning Y Martin Y Massey Y McBee McCall McClinton McKinney Millar Y Mills Mobley Morris Y Mosley

Mueller Orrock Parham Parrish Parsons Pelote Y Pinholster Y Poag Porter Powell Y Purcell Ragas Randall Ray Y Reece Reed Y Reese Y Reichert Rice Y Richardson Y Roberts, D Roberts, L Rogers Y Royal Sailor Y Sanders E Scheid Y Scott Y Seay Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Stephens Y Stokes Stuckey Y Taylor Y Teague Y Teper Y Tillman Turnquest Y Twiggs Unterman Walker, L Walker, R.L Watson Y West Westmoreland Y Wiles Y Wilkinson Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 91, nays 0. The Resolutions were adopted.

Representatives Buck of the 135th, Collins of the 29th and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 127. By Representative Squires of the 78th:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the juvenile court to order parents or other persons legally obligated to support a child to pay certain costs and expenses in the form of periodic child support in certain circumstances; to provide for application of child support guidelines and for payment to the family support registry; and for other purposes.

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 clarify the obligation of the district attorney regarding a petition in juvenile court when the district attorney declines to prosecute certain children in superior court; to change and reorganize provisions so as to divide into separate parts those provisions relating to allegedly deprived children and those provisions relating to allegedly unruly or delinquent children; to conform cross references to such changes and reorganization; to change provisions relating to victims impact statements, evidence, and continuances; to clarify a provision relating to transfer of legal custody of a child back to a person whose abuse of alcohol or another drug resulted in the childs deprivation; to clarify when the juvenile court shall dismiss petitions alleging delinquency or unruliness; to clarify when the court shall enter orders of disposition; to clarify provisions relating to the duration of disposition orders; to provide for sealing records in cases when petitions alleging delinquency or unruliness have been dismissed or informally adjusted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Part 3, relating to jurisdiction and venue, by striking in its entirety subparagraph (b)(2)(C) of Code Section 15-11-28, relating to the jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(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

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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 cause a petition to be filed 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 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 15-11-63."
SECTION 2. Said article is further amended in Part 4, relating to commencement and conduct of proceedings, by striking in its entirety subsection (a) of Code Section 15-11-39, relating to the time for the hearing, summons, waiver of service of the summons, and judicial order to the childs parents, guardian, or custodian, and inserting in lieu thereof the following:
"(a) After the petition has been filed the court shall fix a time for set a 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 set a hearing thereon which shall be not later than 60 days from the date of the filing of the petition."
SECTION 3. Said part of said article is further amended by striking in its entirety Code Section 15-1141, relating to the conduct of hearings, recordation, conduct of delinquency proceedings by the district attorney, victim impact statements, and deprivation findings, and inserting in lieu thereof the following:
"15-11-41. (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) (b) of Code Section 15-11-56. (b) Unless waived by the child and the childs parent, guardian, or attorney, the The proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means, unless such recording is waived by the child and the childs parent, guardian, or attorney. (c) In any proceeding before the juvenile court, the judge, upon the courts own motion, may request the assistance of the district attorney or a member of the district attorneys 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. (d) In any delinquency proceeding in which a petition has been filed, the district attorney or a member of the district attorneys 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 provisions

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of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of the district attorneys 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.
(e)(1) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent childs 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 victims personal welfare or familial relationships as a result of the offense; (E) Identify any request for psychological services initiated by the victim or the victims 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 victims mental, emotional, or physical incapacity, or because of such victims age, the victims 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 victims written statements. (6) No disposition of the child shall be invalidated because of failure to comply with

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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. (f) 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 (8) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse."
SECTION 4. Said article is further amended in Part 6, relating to deprivation, by inserting a new Code section to be designated Code Section 15-11-54 to read as follows:
"15-11-54. (a) Findings. After hearing the evidence on any petition alleging deprivation, the court shall make and file its findings as to whether the child is a deprived child. If the court finds that the child is not a deprived child, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding. (b) Findings with regard to result of alcohol abuse or drug abuse. If the court finds that a child is deprived, the court shall also make and file a finding as to whether such deprivation is the result of alcohol abuse or drug abuse by a parent or guardian. (c) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case in accordance with Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is deprived."
SECTION 5. Said part of said article is further amended in Code Section 15-11-55, relating to the disposition of a deprived child, by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(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 by a parent or guardian, as specified in subsection (f) (b) of Code Section 15-11-41 15-11-54, 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 childs custodian or guardian whose abuse of alcohol or another drug resulted in the childs deprivation unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."
SECTION 6. Said part of said article is further amended by striking in its entirety Code Section 15-1156, relating to court findings, disposition, evidence, continuances, and scheduling, and inserting in lieu thereof the following:

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"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 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. (c)(a) Evidence. In dispositional hearings under subsection (b) (c) of this Code section Section 15-11-54 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 courts discretion. Confidential sources of information need not be disclosed. (d)(b) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under subsection (c) of this Code section Section 15-11-54 for a reasonable period to receive reports and other evidence bearing on the disposition or the childs need for treatment or rehabilitation of a child. In this event, the court shall make an appropriate order for detention protection of the child or for the childs 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 has been removed from his or her home before an order of disposition has been made."
SECTION 7. Said part of said article is further amended in Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, by striking in its entirety paragraph (2) of subsection (n) and inserting in lieu thereof the following:
"(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 and to the foster

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parents, if any, of a child and any preadoptive parent or relative providing care for the child. except that this 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".
SECTION 8. Said part of said article is further amended by striking in their entirety subsections (o), (p), and (q) of Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, and inserting in lieu thereof the following:
"15-11-58.1. (o)(a) 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:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts 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. (p)(b) Except as provided in Code Section 15-11-70, the The court may terminate an order of disposition of a child adjudicated as deprived or an extension of such a disposition order 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. (q)(c) Unless otherwise provided by law, when the a child who has been adjudicated as deprived 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."
SECTION 9. Said article is further amended in Part 7, relating to delinquency and unruliness, by inserting two new Code sections to be designated Code Sections 15-11-64.1 and 15-1164.2 to read as follows:
"15-11-64.1. In any delinquency proceeding in which a petition has been filed, the district attorney or a member of the district attorneys 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 provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of the district attorneys staff, the district attorney or staff member shall be

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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.
15-11-64.2. (a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent childs alleged offense that the victim may submit a victim impact statement if:
(1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or (2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) 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. (c) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victims personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (d) 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 victims mental, emotional, or physical incapacity, or because of such victims age, the victims attorney or a family member may complete the victim impact statement form on behalf of the victim. (e) 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 victims written statements.

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(f) No disposition of the child shall be invalidated because of failure to comply with the provisions of this subsection. This subsection shall not be construed to create any cause of action or any right of appeal on behalf of any person."
SECTION 10. Said article is further amended in said part by striking in its entirety Code Section 15-1165, relating to disposition hearings for delinquent or unruly children and evidence, and inserting in lieu thereof the following:
"15-11-65. (a) 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 court finds 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 relation to the allegations. 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, unless the court shall make and file makes and files 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. (b) Evidence. In dispositional hearings under 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 courts discretion. Confidential sources of information need not be disclosed. (c) 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 childs need for treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of the child or for the childs release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the

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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."
SECTION 11. Said article is further amended in said part by striking in its entirety Code Section 15-1166, relating to disposition of delinquent children, and inserting in lieu thereof the following:
"15-11-66. (a) At the conclusion of the adjudicatory hearing dispositional hearing provided in subsection (a) of Code Section 15-11-65, 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 the childs treatment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 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 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 such officers 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 childs 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 the childs 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

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prescribed by the court and under the supervision of an individual designated by the court; or (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 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 dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the drivers 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 drivers license, prohibit the issuance of a drivers 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 drivers 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.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the adjudicatory hearing dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 if committed by an adult, the court shall make an order of disposition which, for purposes of the childs 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

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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."
SECTION 12. Said article is further amended in said part by striking in its entirety Code Section 15-1170, relating to duration, termination, and extensions of disposition orders for delinquent or unruly children, and inserting in lieu thereof the following:
"15-11-70. (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. (b) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency or unruliness, except 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: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts 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. (c) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order 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. (d) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly 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."

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SECTION 13. Said article is further amended in Part 8, relating to access to records and hearings, by striking in its entirety subsection (b) of Code Section 15-11-79, relating to inspection of court files and records, and inserting in lieu thereof the following:
"(b) Subject to the requirements of subsection (c) (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (b) of Code Section 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 15-11-28."
SECTION 14. Said article is further amended in said part in Code Section 15-11-79.2, relating to sealing records, by redesignating subsections (a), (c), and (d) as subsections (b), (d), and (e), respectively, and by inserting the following new subsections:
"(a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a case handled through informal adjustment, following completion of the informal adjustment, the court shall order the sealing of the files and records in the case, including those specified in Code Sections 15-11-82 and 15-11-83." "(c) Reasonable notice of the hearing required by subsection (b) of this Code section 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 15-11-82 and 15-11-83 are included in the application or motion."
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson
Anderson Y Ashe

Y Cox Crawford
Y Cummings Davis

Hudson, S Hugley Irvin Jackson, B

Mueller Orrock Parham Y Parrish

Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs
Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome
Brown Buck Buckner Y Bulloch Bunn Burkhalter Y Burmeister Y Byrd Callaway Campbell Y Cash Y Channell Y Childers Y Coan Coleman, B Coleman, T Collins Y Connell Cooper

TUESDAY, MARCH 6, 2001

Y Day Dean
Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Y Franklin Y Golick Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Howard Y Hudgens Y Hudson, N

Jackson, L James Jamieson Y Jenkins Y Jennings Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham E Mann Manning Y Martin Y Massey Y McBee McCall McClinton McKinney Millar Mills Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Ragas Randall Ray Y Reece Reed Y Reese Y Reichert Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

2081
Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Unterman Walker, L Y Walker, R.L Watson Y West Westmoreland Y Wiles Y Wilkinson Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Buck of the 135th, Collins of the 29th, Lane of the 146th and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 673. By Representatives Jamieson of the 22nd, Parrish of the 144th, McBee of the 88th, Hudson of the 120th, Houston of the 166th and others:
A BILL to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide

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for additional smoke detector requirements in nursing homes; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for additional smoke detector requirements in nursing homes; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by striking Code Section 25-2-40, relating to smoke detector requirements, and inserting in its place a new Code Section 25-2-40 to read as follows:
"25-2-40. (a)(1) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturers recommendations and listing. (2) On and after July 1, 1994, every dwelling and every dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery operated smoke detector which shall be maintained in good working order unless any such building is otherwise required to have a smoke detector system pursuant to Code Section 25-2-13. (3) On and after July 1, 2001, every patient sleeping room of every nursing home shall be provided with no less than an approved listed battery operated single station smoke detector installed in accordance with their listing. Such detectors shall be maintained in good working order by the operator of such nursing home. This paragraph shall not apply to nursing homes equipped with automatic sprinkler systems.
(b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors

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are required on each story including cellars and basements, but not including uninhabitable attics; provided, however, that hotels and motels which are protected throughout by an approved supervised automatic sprinkler system installed in accordance with the rules and regulations of the Commissioner shall be exempt from the requirement to install smoke detectors in interior corridors but shall be subject to all other applicable requirements imposed under Code Section 25-2-13. (c) In dwellings, dwelling units, and other facilities listed in paragraph (1) of subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas. (d) Detectors shall be listed and meet the installation requirements of NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1, 1992, except where battery operated smoke detectors are allowed. (e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFPA 72.
(f)(1) The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. (2) Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit, or other facility, other than a nursing home, listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maximum fine of $25.00, provided that a warning shall be issued for a first violation. (3) Any operator of a nursing home who fails to install and maintain the smoke detectors required under paragraph (3) of subsection (a) of this Code section shall be guilty of a misdemeanor. (g) Failure to maintain a smoke detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section. (h) The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery

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operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments."
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:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan
Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Davis Day Dean
Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Y Franklin Y Golick Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Y Howard Hudgens Y Hudson, N

Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reese Y Reichert Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper Y Smith, B

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Unterman Walker, L Y Walker, R.L Watson Y West Y Westmoreland Y Wiles Y Wilkinson Willard Y Williams Y Wix Y Yates Murphy, Speaker

TUESDAY, MARCH 6, 2001

2085

On the passage of the Bill, by substitute, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Hudson of the 120th, Lane of the 146th, Sims of the 167th and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 784. By Representatives Walker of the 141st, Pinholster of the 15th and Childers of the 13th:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for comprehensive regulation of physicians who provide certain services in office based surgical settings; to provide for the accreditation of such physicians' office based surgical settings; to provide for certain civil immunity; to provide for powers, duties, and authority of the Composite State Board of Medical Examiners; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown

Y Cox Y Crawford Y Cummings
Davis Day Y Dean Y Deloach, B Y Deloach, G Dix Y Dodson Drenner Y Dukes Y Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin

Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reese Y Reichert

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

2086
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lord Lucas
Y Lunsford Y Maddox Y Mangham E Mann
Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Davis of the 60th and Hudson of the 120th 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 701. By Representatives Stokes of the 92nd, Martin of the 47th, Dix of the 76th, Ragas of the 64th and Sims of the 167th:
A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to change the definition of a career consulting firm; to clarify the administrator's authority to issue orders; to allow the administrator to take action in all courts of appropriate jurisdiction; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to change the

TUESDAY, MARCH 6, 2001

2087

definition of a career consulting firm; to clarify the administrators authority to issue orders; to allow the administrator to take certain action in federal courts and administrative 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by striking in its entirety paragraph (1.3) of subsection (a) of Code Section 10-1-392, relating to definitions, and inserting in its place a new paragraph (1.3) to read as follows:
"(1.3) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individuals career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' does shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34."
SECTION 2. Said part is further amended by striking subsection (a) of Code Section 10-1-397, relating to the administrators authority, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, 10-1393.1, 10-1-393.2, 10-1-393.3, or 10-1-393.4, 10-1-393.5, or 10-1-393.6 or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she may:
(1) Subject to notice and opportunity for hearing in accordance with Code Section 101-398, unless the right to notice is waived by the person against whom the sanction is imposed, take any or all of the following actions:
(A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Without regard as to whether the administrator has issued any orders under this Code section, upon Upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief:

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JOURNAL OF THE HOUSE

(A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendants assets; or (F) Other relief as the court deems just and equitable."
SECTION 3. Said part is further amended by adding a new Code Section 10-1-397.1 to follow Code Section 10-1-397, relating to the administrators authority, to read as follows:
"10-1-397.1. The administrator is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of this article."
SECTION 4. This Act shall become effective on July 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.

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

Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster

Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed Y Reese

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

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham E Mann Manning Y Martin Y Massey McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

2089
Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

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.

Representatives Collins of the 29th, Davis of the 60th, Hudson of the 120th 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.

HB 636. By Representatives Smith of the 169th, Tillman of the 173rd and Keen of the 174th:
A BILL to amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, so as to provide that it shall be unlawful to trawl with a foot-rope length greater than 220 feet; and for other purposes.

The following Committee substitute was read and adopted:

2090

JOURNAL OF THE HOUSE

A BILL
To amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, so as to provide that it shall be unlawful to trawl for shrimp for human consumption with a foot-rope length greater than 220 feet; to provide for exceptions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, is amended by inserting immediately following subsection (a) a new subsection to read as follows:
"(a.1)(1) It shall be unlawful to trawl for shrimp for human consumption with any trawl or trawls having a total foot-rope length greater than 220 feet, not including the foot-rope length of a single trawl not greater than 16 feet when used as a try net. Footrope shall be measured from brail line to brail line, first tie to last tie on the bottom line. The department is authorized to exempt trawls used by persons holding a valid scientific collection permit granted by the department. (2) A vessel operator who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500.00 nor more than $2,500.00 or imprisoned for not longer than thirty days or both, and any trawl on board the vessel shall be contraband and may be seized."
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 Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, S Y Hugley Y Irvin

Y Mueller Y Orrock Y Parham

Y Smith, C Y Smith, C.W Y Smith, L

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

2091
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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.

HR 141. By Representative Smith of the 169th:
A RESOLUTION compensating Bobby W. Kirkland and Carolyn Kirkland; and for other purposes.

The following Committee amendment was read and adopted:

2092

JOURNAL OF THE HOUSE

The Committee on Appropriations moves to amend HR 141 by striking lines 13 and 14 on page 1 and inserting in lieu thereof the following:
"and Mrs. Kirkland have suffered unreimbursed property losses totaling $31,500.00; and".
By striking from line 19 of page 1 the following:
"$169,427.16",
and inserting in lieu thereof the following:
"$31,500.00".

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong
Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay

Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T
Smith, V Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McClinton McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

2093
Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, as amended, the ayes were 157, nays 5.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 686. By Representatives Sinkfield of the 57th, Murphy of the 18th, Martin of the 47th and Millar of the 59th:
A BILL to amend Code Section 15-11-174 of the Official Code of Georgia Annotated, relating to rights and powers of the child advocate for the protection of children, so as to provide for motions to quash subpoenas and judicial actions relating thereto; and for other purposes.

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

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

Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell N Birdsong E Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome N Brown Y Buck Y Buckner

Y Cox Y Crawford Y Cummings Y Davis N Day Y Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin Y Golick N Graves

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson N Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis N Lord Y Lucas

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N Reese Y Reichert N Rice N Richardson

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper

2094
N Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland
Holmes Y Houston
Howard N Hudgens Y Hudson, N

N Lunsford Maddox
Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall
McClinton McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Roberts, D Y Roberts, L
Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper N Smith, B

Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 113, nays 50. 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 adopted by the requisite constitutional majority, the following resolution of the Senate:
SR 340. By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd
A resolution relative to adjournment; and for other purposes.

The following Resolution of the Senate was read:

SR 340. By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd:

A RESOLUTION Relative to adjournment; and for other purposes.

TUESDAY, MARCH 6, 2001

2095

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, March 8, 2001, and shall reconvene on Monday, March 12, 2001. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.
BE IT FURTHER RESOLVED that for the remainder of the 2001 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and reconvene on the following Monday. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford
Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

2096

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 252. By Representative Twiggs of the 8th:
A RESOLUTION designating the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, as the annual "Kansas City Barbeque Society Georgia State Championship"; and for other purposes.

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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Hanner

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs

Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Harbin Y Harrell
Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

E Mann Y Manning
Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

2097
Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

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

HB 525. By Representatives Harrell of the 62nd, Unterman of the 84th, McClinton of the 68th, Channell of the 111th and Lord of the 121st:
A BILL to amend Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, so as to change the provisions regarding required notices; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, so as to change the provisions regarding required notices; to provide expectant mothers with certain rights to treatment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, is amended by striking subsections (f) and (g) thereof and inserting in their place new subsections (f), (g), and (h) to read as follows:

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JOURNAL OF THE HOUSE

"(f) An expectant mother shall have the right to request that the obstetrician who has diagnosed the pregnancy personally provide all prenatal and maternity care including delivery and postnatal care. In addition, if such obstetrician cannot or will not personally provide such care, then he or she must obtain the written consent of the expectant mother and the expectant mothers insurer. (f)(g) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section and any rules and regulations promulgated by the Commissioner relating to this Code section which shall include specifically the expectant mothers rights under subsection (f) of this Code section. The notice shall be in writing and prominently positioned in any of the following literature:
(1) The next mailing to the policyholder; (2) The yearly informational packets sent to the policyholder; or (3) Other literature mailed before January 1, 1997. In addition to such notice, the insurer shall also provide a notice to the expectant mother within 30 days following the date the insurer first learns that the expectant mother covered by the health benefit policy is pregnant in substantially the following form:
NOTICE The Newborn Baby and Mother Protection Act (Code Section 33-24-58.2 of the O.C.G.A.) requires that health benefit policies which provide maternity benefits must provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery and a minimum of 96 hours of inpatient care following a cesarean section for a mother and her newborn child. The care must be provided in a licensed health care facility. A decision to shorten the length of stay may be made only by the attending health care provider after conferring with the mother. If the stay is shortened, coverage must be provided for up to two follow-up visits with specified health care providers with the first visit being within 48 hours after discharge. After conferring with the mother, the health care provider must determine whether the initial visit will be conducted at home or at the office and whether a second visit is appropriate. Specified services are required to be provided at such visits. (g)(h) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall be defined to include the attending physician, certified nurse midwife, and hospital."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

TUESDAY, MARCH 6, 2001

2099

Representatives Harrell of the 62nd et al. move to amend the Committee substitute to HB 525 by striking line 3 of page 1 and inserting in its place the following:
"regarding required notices; to"
By striking lines 8 through 15 of page 1 and inserting in their place the following:
"benefit policy coverage for certain maternity benefits, is amended by striking subsection (f) thereof and inserting in its place the following:"
By striking "(f) (g)" and inserting "(f)" on line 16 of page 1.
By adding quotation marks at the end of line 13 of page 2.
By striking lines 14 through 18 of page 2.

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 Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean
Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce N Kaye N Keen N Knox Y Lane N Lanier Y Lewis N Lord
Lucas Y Lunsford Y Maddox

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest

2100
Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harrell N Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mangham E Mann Y Manning Y Martin N Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 102nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Due to a mechanical malfunction, the vote of Representative Callaway of the 81st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 337. By Representative Richardson of the 26th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide that a rebuttable presumption arises that the defendant in fi.fa. is the person authorized to receive any excess funds from a tax sale; to provide for exceptions; to provide a time period by which such excess must be paid; and for other purposes.

The following Committee substitute was read:

TUESDAY, MARCH 6, 2001

2101

A BILL
To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide a time period by which excess funds from tax sales must be paid; to provide for interest on such excess if not paid timely; to limit the amount of premium required to be paid to redeem property; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by striking Code Section 48-4-5, relating to payment of excess funds from tax sale, in its entirety and inserting in lieu thereof a new Code Section 48-4-5 to read as follows:
"48-4-5. If there is any excess after paying taxes, costs, and all expenses of a sale, it shall be immediately paid to the person authorized to receive the excess. If the excess has not been paid within 30 days after the date of the sale, interest shall accrue at the legal rate until payment has been made."
SECTION 2. Said chapter is further amended by striking Code Section 48-4-42, relating to the amount payable for redemption, in its entirety and inserting in lieu thereof a new Code Section 48-4-42 to read as follows:
"48-4-42. The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 20 10 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made so paid. If redemption is not made until more than 30 days after the required notice has been given, there shall be added to the redemption price the sheriffs cost in connection with serving the notice, the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served and in proceeding with foreclosing the right of redemption. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchasers successors."

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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 Stallings of the 100th moves to amend the Committee substitute to HB 337 as follows:
Change line 25 to say "15 percent" instead of 10 percent.

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

N Allen N Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong E Black N Boggs N Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell Y Cash Y Channell N Childers N Coan N Coleman, B
Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford
Cummings N Davis N Day N Dean N Deloach, B N Deloach, G N Dix N Dodson N Drenner N Dukes N Ehrhart Y Epps N Everett
Floyd Y Forster Y Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree N Henson N Hines N Holland N Holmes N Houston N Howard N Hudgens N Hudson, N

N Hudson, S N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan N Joyce N Kaye N Keen N Knox N Lane
Lanier N Lewis Y Lord N Lucas N Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey Y McBee
McCall N McClinton
McKinney N Millar N Mills N Mobley N Morris N Mosley

N Mueller N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall
Ray N Reece N Reed E Reese N Reichert N Rice N Richardson
Roberts, D N Roberts, L N Rogers N Royal N Sailor N Sanders
Scheid N Scott
Seay Shanahan Shaw Sholar N Sims N Sinkfield N Skipper Y Smith, B

Y Smith, C N Smith, C.W
Smith, L Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires Y Stallings N Stancil N Stanley Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson N Willard N Williams N Wix N Yates Murphy, Speaker

TUESDAY, MARCH 6, 2001

2103

On the adoption of the amendment, the ayes were 17, nays 143. 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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

2104

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 28.

By Representatives Ehrhart of the 36th, Everett of the 163rd, Stancil of the 16th, Wiles of the 34th and Smith of the 19th:
A BILL to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of motor vehicle drivers' licenses and reexaminations, so as to provide for remote renewal of drivers' licenses; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of motor vehicle drivers licenses and reexaminations, so as to provide for remote renewal of certain drivers licenses; to provide for certain reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of motor vehicle drivers licenses and reexaminations, is amended by adding a new subsection (c) to read as follows:
"(c)(1) In addition to providing for renewal of drivers licenses for licensees making applications for renewals in person at facilities staffed by the department, the department shall initiate a pilot program which, not later than July 1, 2002, provides certain licensees the option of remote renewals of drivers licenses upon applications submitted to the department either by electronic means of computer Internet communications or by mail, subject to the requirements of this Code section. (2) For purposes of this subsection, the department may provide for electronic or mail submission of results of eyesight examinations required by subsection (b) of this Code section and obtained by licensed physicians, ophthalmologists, and optometrists; provided, however, that any person conducting an eyesight examination solely for the

TUESDAY, MARCH 6, 2001

2105

purpose of a remote drivers license renewal shall not charge any fee exceeding $10.00 for such examination and reporting of results. (3) The department may impose, in addition to all other fees provided by law, a remote renewal surcharge of not more than $5.00 on any drivers license renewed after July 1, 2002, by means of computer Internet communications or by mail. (4) The department shall accept payment of all fees and surcharges for such remote renewals by means of valid credit cards, and the provisions of subsections (f) and (g) of Code Section 50-1-6 shall apply to such transactions; the remaining provisions of Code Section 50-1-6 shall not apply to such transactions."
SECTION 2. The Department of Public Safety or the Department of Motor Vehicle Safety, whichever is applicable, shall report to the House Motor Vehicles Committee and the Senate Public Safety Committee during the 2002 regular session of the General Assembly but not later than January 31, 2002, regarding said departments plans and progress regarding implementation of the provisions of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

2106
Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

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.

Due to a mechanical malfunction, the vote of Representative Smith of the 102nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 461. By Representatives Hudson of the 156th, Ray of the 128th, Powell of the 23rd, Skipper of the 137th, Buckner of the 95th and others:
A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firemen who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of a legally organized volunteer fire department who are injured in the line of duty; and for other purposes.

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

TUESDAY, MARCH 6, 2001

2107

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix
Yates Murphy, Speaker

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

HB 615. By Representative Childers of the 13th:
A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require that certain written communications of permissible donees of such gifts contain certain disclosures; and for other purposes.

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JOURNAL OF THE HOUSE

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

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

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

TUESDAY, MARCH 6, 2001

2109

HB 189. By Representative Snow of the 2nd:
A BILL to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to change certain provisions relating to traffic violations bureaus; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis N Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 1.

2110

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.
HB 641. By Representatives Powell of the 23rd, Wix of the 33rd and Hudgens of the 24th:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to application for certificate of registration to practice cosmetology; to change the provisions relating to qualifications for registration of cosmetologists, estheticians, and nail technicians; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to application for certificate of registration to practice cosmetology; to change the provisions relating to qualifications for registration of cosmetologists, estheticians, and nail technicians; to change the qualifications for teachers and instructors of cosmetologists, estheticians, and nail technicians; to change certain provisions relating to reciprocity; to authorize the State Board of Cosmetology to waive certain education requirements under said chapter in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to applicants who were enrolled in a board approved school or had completed a board approved study course as of June 30, 2000; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-9, relating to application for certificate of registration, and inserting in lieu thereof a new Code Section 43-10-9 to read as follows:
"43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational diploma development (GED) diploma, its substantial

TUESDAY, MARCH 6, 2001

2111

equivalent, or passed a nationally recognized test or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; and has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with a minimum of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,300 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; shall pay has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and shall present has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and shall pass the has passed both a written and a practical examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass such an the written or the practical examination, the board shall furnish him or her the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling him or her the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or

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certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has completed the twelfth grade of school instruction obtained a high school diploma, a general educational development (GED) diploma, or its substantial equivalent a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; and has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course within a nine-month period of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; shall pay has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and shall present has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and shall pass the has passed a written and a practical examination, a certificate of registration shall be issued to him or her the applicant entitling him or her the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has completed the twelfth grade of school instruction obtained a high school diploma, a general educational development (GED) diploma, or its substantial equivalent a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; and has met the minimum educational requirements,; is of good moral character,; has completed a 525 credit hour study course with a minimum of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours,; has practiced or studied nail care,; is possessed of the requisite skill to perform properly these services; has paid , and the applicant pays to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented , presents himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination, and passes the and has passed both a written and a practical examination, then a certificate of registration shall be issued to him or her the

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applicant entitling him or her the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools, teachers, and instructors, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, therefore and shall pay an examination a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds holds a current cosmetology license at the master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; a diploma or certificate of 1,650 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months work experience in a beauty salon, and has one years instructor training in a registered school of cosmetology or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. (ii) Has 1,500 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level.

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(B) A person holding a current cosmetology license at the master level who has completed the required board approved hours of continuing education and has board approved experience in education shall be permitted to take the examination to become an instructor who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she:
(i) Holds holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; a diploma or certificate of at least 1,000 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months work experience in a beauty salon, and has nine months instructor training in a registered school of esthetics, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. (ii) Has 1,000 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; a diploma or certificate of at least 525 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate or has passed a nationally recognized test, has 18 months work experience in a beauty salon, and has six months instructor training in a registered school of nail care, school of cosmetology, or a technical

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school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. (ii) Has 525 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. Such person shall also pass an examination at the appropriate level of instruction satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who has actively engaged in the practice of esthetics or nail care for five years prior to July 1, 1985, shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, nail technician, or master level, is a high school graduate or its equivalent, submits proper application and proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985. (2)(5) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her teachers instructors license within two years after expiration shall be required to qualify under this chapter for both a written and a practical an examination for a teachers an instructors license. (3)(6) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,650 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass an both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology."

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SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-10-14, relating to study by persons 17 years of age and older, and inserting in lieu thereof a new Code Section 43-10-14 to read as follows:
"43-10-14. (a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentices name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon

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the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. (b) Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 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 Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon
Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes

Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

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Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mills Y Mobley Y Morris Y Mosley

Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams Wix
Y Yates Murphy, Speaker

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.

SR 80.

By Senators Polak of the 42nd, Gingrey of the 37th, Burton of the 5th, Haines of the 46th and Brush of the 24th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner

Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock Y Parham
Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs

Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, N

E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Dean of the 48th and Houston of the 166th 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 541. By Representatives Jenkins of the 110th, Channell of the 111th, Reichert of the 126th and Holland of the 157th:
A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for the probate courts, so as to revise comprehensively the costs and fees for the probate courts; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 541 on page 18, line 16 by deleting "25.00" and inserting in lieu thereof "15.00".

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

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Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 70.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Hooks of the 14th:
A resolution designating the portion of U.S. Highway 84 in Grady County as the Bill Stanfill Highway; and for other purposes.

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The following substitute, offered by Representatives Smith of the 103rd and Sholar of the 179th, was read and adopted:
A RESOLUTION
Designating the Bill Stanfill Highway; designating the Virgil Bledsoe Highway; and for other purposes.
PART I
WHEREAS, the legendary football star Bill Stanfill is well known to many Georgians and brought fame and honor to his native community of Cairo and to Grady County; and
WHEREAS, he was a three-sport star who excelled in football, basketball, and track at Cairo High School; became Georgia's first and only winner of the Outland Trophy in 1968; was inducted into the National College Football Hall of Fame in 1998; and was inducted into the Georgia Circle of Honor on September 1, 2000; and
WHEREAS, during his career with the Miami Dolphins, he was named All-Pro four times and was a starter on the 1972 and 1973 Super Bowl championship teams; and
WHEREAS, his tremendous athletic ability and record accomplishments have been surpassed only by his genuine respect for others and his public service, and it is fitting that this great Georgian who has inspired countless youth and contributed substantially to his community be properly remembered and honored.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 84 in Grady County be designated as the Bill Stanfill Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Bill Stanfill and to the Department of Transportation.
PART II
WHEREAS, Virgil Bledsoe served Heard County as Sheriff for 32 years from 1948

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through 1980; and
WHEREAS, Governor Ernest Vandiver appointed him to the Board of Public Safety and he continued to serve in that capacity under Governor Carl Sanders and Governor Lester Maddox; and
WHEREAS, he was appointed to the Georgia Sheriff's Retirement Board and served for eight years; and
WHEREAS, for six years he served on the Peace Officers' Annuity and Benefit Fund; and
WHEREAS, he was a charter member of the Georgia Sheriffs' Boys Ranch; and
WHEREAS, it is most fitting that the contributions of Virgil Bledsoe to Heard County as Sheriff and to law enforcement in the State of Georgia be recognized and remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 34 from the city limits of Franklin, Georgia, to the Heard-Coweta County Line is hereby designated as the "Virgil Bledsoe Highway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Virgil Bledsoe and to the Department of Transportation.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins

Y Mueller Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

TUESDAY, MARCH 6, 2001

Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

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Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 698. By Representative Burkhalter of the 41st:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide that the possession of a submerged cultural resource without certain written permission shall constitute prima-facie evidence that such submerged cultural resource was taken illegally; to provide that a certain exception to restrictions on taking archeological artifacts shall be limited to artifacts found on dry land; and for other purposes.

The following Committee amendment was read and adopted:

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The Committee on Game, Fish and Parks moves to amend HB 698 by inserting on line 34 of page 2, following the words and symbols "subsection (a)", the words and symbols "or (b)".
The following amendments were read and adopted:
Representatives Burkhalter of the 41st and Broome of the 160th move to amend HB 698 by striking all matter on lines 2 through 4 of page 1 and inserting in lieu thereof the following:
"historic areas, memorials, and recreation, so as to provide that a certain exception to".
By striking in its entirety Section 1 and renumbering Sections 2 and 3 accordingly.
By striking the words "Said chapter is further" on line 23 of page 1 and inserting in lieu thereof the following:
"Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is".
By adding after the word "artifact" on line 31 of page 2 the following:
"collected on or after July 1, 2001,".
Representatives Walker of the 141st, Murphy of the 18th and Burkhalter of the 41st move to amend HB 698 as follows:
By adding at the end of line 33, page 2, the following:
"As to archeological artificats unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

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2125

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

Y Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Crawford Cummings
Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Martin Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham
Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed E Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Knox of the 28th 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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The Speaker assumed the Chair.

HB 656. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Jamieson of the 22nd, Porter of the 143rd and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to create early intervention programs for kindergarten, primary grades, and upper elementary grades, in place of the special instructional assistance program to assist students with certain identified developmental deficiencies; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change eligibility requirements for HOPE scholarships for seniors attending private postsecondary institutions; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to create early intervention programs for kindergarten, primary grades, and upper elementary grades, in place of the special instructional assistance program to assist students with certain identified developmental deficiencies; to provide for eligibility for such programs and such programs purpose, rules and regulations, inclusion in accountability standards, delivery models, and funding; to provide for reporting of students served in such programs; to exclude students in grades four and five from the remedial education program; to clarify and revise the calculation of funding for alternative education programs; to change program weights for funding purposes; to provide for using the most recent full-time equivalent program count for certain new programs for calculating allotments; to provide for calculating, designating, and using funds for 20 days of additional instruction for 10 percent of the full-time equivalent count of students; to delete a provision for funding laboratory supervisors for the vocational laboratory program; to provide for instructional aides for kindergarten and kindergarten early intervention; to provide that such aides shall not be used to increase the maximum class size in kindergarten; to limit the maximum class size for kindergarten to no more than 20 percent over the funding ratio; to authorize state payment of a portion of the national certification program participation fee prior to certification for certain teachers; to provide for repayment to the state of such state payment in certain circumstances; to delete a requirement for paying the state supplement to principals in a single separate payment; to extend grants for extended day program to

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students in grades six through 12; to change provisions relating to capital outlay funds; to provide for the use of state capital outlay funds for construction projects that serve cooperative efforts between local school systems and postsecondary institutions; to change the method of calculating the required local participation and provide an incentive for school systems to use prototypical designs and have projects managed under the direction of the Georgia State Financing and Investment Commission; to increase the maximum amount of annual authorization by the State Board of Education; to change provisions relating to annual debt service and local funds contributed in excess of required local participation; to provide for rules; to change provisions relating to lowwealth capital outlay grants to local school systems; to provide for grants for school systems which use a prototypical design and have the project managed under the direction of the Georgia State Financing and Investment Commission; to enact the Georgia Academic Placement and Promotion Policy; to provide for adoption by each local board of education of a placement and promotion policy including standards for retention of students in certain grades, opportunity for retesting, appeal of retention decisions, additional or accelerated instruction, and procedures for students receiving special education services; to provide for additional policies by local boards of education relative to accelerated instruction, placement, promotion, or retention of students; to provide for assistance from the State Board of Education; to provide for a timetable for implementation; to change provisions relating to schedules in middle schools; to provide for eligibility for sparsity grants to supplement funding for certain alternative education programs; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change eligibility requirements for HOPE scholarships for seniors attending private postsecondary institutions; to provide a time limit for using a PROMISE II teachers scholarship; to amend an Act approved April 22, 1999 (Ga. L. 1999, p. 400), so as to change the date for automatic repeal of such Act, relating to low-wealth capital outlay grants, to June 30, 2009; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental deficiencies, and inserting in lieu thereof the following:
"20-2-153. The State Board of Education shall create a special instructional assistance 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 kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The

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upper elementary grades early intervention program shall serve students in grades four through five. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified disabling condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related to the physical disability shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board early intervention program. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are performing below grade level obtain the necessary academic skills to reach grade level performance 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 this program, provided assistance, and moved out of this program upon reaching grade level performance. 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 students 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. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial

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year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the most needy eligible students in each local school system as identified by the local board of education in each local system the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 202-160."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program, and inserting in lieu thereof the following:
"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:
(1) Students in grades 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 Improving Americas 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 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 twenty-fifth percentile; and (2) Students in grades 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 (IEPs) 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 full-time equivalent population in eligible grades as

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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) Students in grades 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 20-2-243. The state board shall monitor each local school systems 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 3. Said chapter is further amended in Code Section 20-2-154.1, relating to alternative education programs, by striking subsection (h) in its entirety and inserting in lieu thereof the following:
"(h) For the 2000-2001 and 2001-2002 school year years, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the sum of the full-time equivalent program count for grades six through 12 of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational laboratory program (grades nine through 12). For the 2001-2002 2002-2003 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 sum of the full-time equivalent program count for grades six through 12 of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational

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laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through five."

SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 20-2-160, relating to determination of enrollment and funds to be appropriated, and inserting in lieu thereof the following:
"(e) For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (7), and (18) (6), (8), and (19) of subsection (b) of Code Section 202-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist."

SECTION 5. Said chapter, article, and part are further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.3405 1.6226 weight and 1 to 15
ratio

(2) Kindergarten early intervention program . . . . . . . . . . . . . . . . . . . . . .

1.7082 1.9952 weight and 1 to 11
ratio

(3) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2689 1.2686
weight and 1 to 17 ratio

(4) Primary grades early intervention program (1-3) . . . . . . . . . . . . . . . .

1.7556

1.7617

weight and

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1 to 11 ratio

(5) Upper elementary grades program (4-5) . . . . . . . . . . . . . . . . . . . . . . .

1.0289 1.0258 weight and 1 to 23
ratio

(6) Upper elementary grades early intervention program (4-5) . . . . . . . .

1.7549 weight and
1 to 11 ratio

(6)(7) Middle grades program (6-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.0218 1.0102 weight and 1 to 23
ratio

(7)(8) Middle school program (6-8) as defined in Code Section 20-2-

290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.1196

1.1104

weight and

1 to 20

ratio

(8)(9) High school general education program (9-12) . . . . . . . . . . . . . . .

1.0000 weight and
1 to 23 ratio

(9)(10) Vocational laboratory program (9-12) . . . . . . . . . . . . . . . . . . . . .

1.2052 1.2010 weight and 1 to 20
ratio

(10)(11) Program for persons with disabilities: Category I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.3272 2.3409 weight and 1 to 8
ratio

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(11)(12) Program for persons with disabilities: Category II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7111 2.7330 weight and 1 to 6.5
ratio

(12)(13) Program for persons with disabilities: Category III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.4485 3.4778 weight and 1 to 5
ratio

(13)(14) Program for persons with disabilities: Category IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.5742 5.6253 weight and 1 to 3
ratio

(14)(15) Program for persons with disabilities: Category V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.4136 2.4233 weight and 1 to 8
ratio

(15)(16) Program for intellectually gifted students: Category VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6255
1.6340 weight and
1 to 12 ratio

(16)(17) Remedial education program . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.2864 1.2917 weight and 1 to 15
ratio

(17)(18) Alternative education program . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5613 1.5683
weight and

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1 to 15 ratio

(18)(19) English for speakers of other languages (ESOL) program . . . .

2.4317 2.4521 weight and 1 to 7
ratio"

SECTION 6. Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to calculation of program weights to reflect base school size, and inserting in lieu thereof the following:
"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) early intervention program, the primary grades (1-3) program, the upper elementary grades (4-5) early intervention 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, 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 vocational laboratory 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 7. Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to program weights reflecting funds for payment of salaries and benefits, and inserting in lieu thereof the following:
"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 primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to

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pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly. (c) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, 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 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 counselors time to be spent counseling or advising students or parents. (c.1) The program weights for the kindergarten and the kindergarten early intervention programs, when multiplied by the base amount, shall reflect sufficient funds to pay the salaries for instructional aides. (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 sufficient funds to provide teachers with a preparation period free of assigned students. (f) The program weights for the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in such program Reserved. (f.1) 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, the employers 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.

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(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 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. 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 employees professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employees normal contract hours. (i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 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 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 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. 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 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 18 to 20 and may be used in all other in 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

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in kindergarten or grades one through three. The maximum class size for the kindergarten and primary grades programs is defined as 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 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 8. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-184.1 to read as follows:
"20-2-184.1. The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial 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 including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs."
SECTION 9. Said chapter is further amended in Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards, by striking subsections (d) and (e) and inserting in lieu thereof the following:
"(d) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;

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(2) Has completed three years of teaching in Georgia public schools prior to applying for national certification; (3) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (4) Has successfully completed a screening process developed by the Professional Standards Commission. (e) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the states portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (d)(f) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (b) of this Code section. (e)(g) A teacher for whom the State of Georgia pays reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the certification fee reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher."
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salaries and salary supplements for principals, 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."
SECTION 11. Said chapter is further amended by striking Code Section 20-2-259, relating to grants for extended day programs, and inserting in lieu thereof the following:
"20-2-259. The State Board of Education shall establish an extended day program for students in grades nine six through 12. Subject to appropriation by the General Assembly, funding for extended day services shall be provided to local school systems through grants calculated as follows:

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(1) Divide the salary amount for an administrator, as calculated on a ten-month basis, by the base size for the high school general education program (9-12) (6-12); and (2) Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) (6-12) and the vocational laboratory program (9-12) (6-12). 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 12. Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funds, by striking subsections (b), (c), (e), (f), (g), (h), and (j) and inserting in lieu thereof the following:
"(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. (3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration. (6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs. (7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.

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(7.1) 'Exceptional growth' means that growth experienced by an exceptional growth system under the calculations specified in subparagraph (j)(2)(A) of this Code section. (8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available. (9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues. (10) 'Local school systems 1 percent local sales tax wealth' is defined as the funds in dollars generated during the year by a 1 percent sales tax. (11) 'Local wealth factor' is defined as the average of the property tax wealth factor and the sales tax wealth factor. The property tax wealth factor is determined by dividing the local school systems net equalized adjusted property tax digest per weighted full-time equivalent student by the state-wide net equalized adjusted property tax digest per weighted full-time equivalent student. The sales tax wealth factor is determined by dividing the local school systems 1 percent local sales tax wealth per weighted full-time equivalent student by the state-wide 1 percent sales tax wealth per weighted full-time equivalent student. (10)(12) 'Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 485-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164. (11)(13) 'Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate. (12)(14) 'Renovation' or 'modernization' or both refers to construction projects which consist of the 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. (13)(15) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project. (14)(16) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board. (15)(17) 'Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 20-2-165. (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

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meet the requirements specified in this Code section. The state boards 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 systems 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 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;

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(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; shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time 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 fulltime 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 and review these schedules annually. 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

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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.1) 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 marshals 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 are registered as 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 and the expenditure of capital outlay funds otherwise available to a school system for such purposes." "(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;

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(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; (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 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. 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; and (8) To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions.

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(f) The state and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 no more than 20 percent nor less than 8 percent of the eligible project cost as modified determined by the local ability ratio. The local ability ratio is determined by multiplying the local wealth factor by 20 percent. At the time a local school system applies to use entitlement earnings, a system may earn an additional 2 percent reduction in the required local participation for each new construction project that uses a Georgia State Financing and Investment Commission prototypical design with the project managed under the direction of the Georgia State Financing and Investment Commission. and annual debt service. The local ability ratio shall be determined by dividing the local school systems net equalized adjusted school property tax digest per weighted full-time equivalent resident student by the state-wide net equalized adjusted school property tax digest per weighted full-time equivalent resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school systems required local participation shall be less than 10 6 percent nor greater than 25 20 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and (2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster. (g)(1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section, excluding funds provided for exceptional growth pursuant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year Starting with fiscal year 2003 applications for funds and for each fiscal year thereafter, the new authorization level may equal zero but shall not exceed $100 $200 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 $200 million maximum authorization, adjusted as specified in this paragraph. (2) In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan, excluding exceptional growth construction projects

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which shall be requested under subsection (j) of this Code section, which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the fulltime equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward or downward for the remaining portion of the five-year period for increases changes in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school systems needs as computed in paragraph (2) of this subsection to the total of all local school systems needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation on state eligible project costs may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation toward earning entitlement for state eligible project costs pursuant to subparagraph (B) of paragraph (2) of this subsection to the extent of the state eligible needs identified in the local facilities plan. The State Board of Education shall adopt rules that define the conditions and the extent of the crediting of local funds contributed toward such entitlement.

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(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met." "(j)(1) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for construction projects needed because of exceptional growth, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization. (2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this subsection together with the total estimate of funds needed for school facilities as a

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result of exceptional growth as computed under subparagraph (A) of this paragraph. The annual entitlement for each school system experiencing exceptional growth shall be computed as follows:
(A) The average of each school systems average full-time equivalent count for the three most recently completed school years ('most recent average') will be compared to the average of that systems average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year ('earlier average'). If there is an increase in a school systems most recent average of at least 1.5 percent and at least 65 average full-time equivalent counts over that systems earlier average, that system will be an exceptional growth system. For each such exceptional growth system with an increased average count of at least 65 average full-time equivalent counts after the above calculation, the amount of such increase will be divided by the total such increase for all exceptional growth systems under this subsection to provide the ratio of each systems growth to the total growth of all systems with exceptional growth; and (B) Each of the school systems identified as being an exceptional growth system under subparagraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth based on each systems relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each systems ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (3) The level of entitlement approved by the General Assembly and authorized by the state board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent student for elementary school, middle school, and high school construction as provided in paragraph (5) of subsection (c) of this Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements under this subsection must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the

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total state entitlements earned for exceptional growth and the required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation on state eligible project costs may be credited as debt service credit pursuant to paragraph (1) of subsection (f) toward earning entitlement for state eligible project costs pursuant to subparagraph (g)(2)(B) of this Code section to the extent of the state eligible needs identified in the local facilities plan. The State Board of Education shall adopt rules that define the conditions and the extent of the crediting of local funds contributed toward such entitlement. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met:
(A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Any construction project submitted to utilize growth entitlement shall include construction of at least three new instructional units. If sufficient growth entitlement is not currently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school systems facilities plan pursuant to subsection (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construction, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and (C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met."
SECTION 13. Said chapter is further amended by striking in its entirety Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, and inserting in lieu thereof the following:
"20-2-262. (a) The General Assembly finds that many local school systems in Georgia have relatively weak local tax bases and are unable to raise revenues sufficient to meet their facility needs. The General Assembly further finds that even with current levels of

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state capital outlay support, these systems must wait for years before they can accumulate funds to initiate construction projects that are needed immediately. For some systems, the availability of the local option sales tax does not resolve their problem, because their commercial tax base is as meager as their property wealth. The difficulty is compounded if the per capita income in the school system is low, because residents have less ability to take advantage of property tax and sales tax options to meet their facility needs. It is the intent of the General Assembly to provide for state capital outlay grants specifically targeted to low-wealth school systems, on a trial shortterm basis, in order to help such systems initiate what they have been unable to accomplish with existing revenue sources. (b) As used in this Code section, the terms 'full-time equivalent student count' and 'weighted full-time equivalent student count' shall have the same meaning as provided in Code Section 20-2-260. (c) The State Board of Education shall provide eligible local school systems with lowwealth capital outlay grants as provided for in this Code section, subject to appropriation by the General Assembly. Such grants shall provide sufficient funds to cover 90 92 percent of the state eligible cost of the local school systems first priority project in the five-year facilities plan, as contained in the systems most recently approved local facilities plan. A local school system may qualify for a grant not to exceed 95 percent of the state eligible cost of the local school systems first priority project in the five-year facilities plan if the system uses a Georgia State Financing and Investment Commission prototypical design with the project managed under the direction of the Georgia State Financing and Investment Commission. (d) Local school systems which meet the following criteria shall be eligible for a lowwealth capital outlay grant:
(1) The amount of sales tax revenues per unit in the full-time equivalent student count of the local school system is less than 75 percent of the state-wide average sales tax revenues per unit in the full-time equivalent student count; (2) The value of property per unit in the weighted full-time equivalent student count of the local school system is less than 75 percent of the state-wide average value of property per unit in the weighted full-time equivalent student count; (3) The per capita income of residents of the local school district is less than 75 percent of the state-wide average per capita income level; (4) The local school systems millage rate for maintenance and operation is at least 60 percent of the systems constitutional authority to recommend; or if the school system is not a recommending authority, the appropriations to the system represent a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; or if the school system is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; (5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both;

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and (6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made."
SECTION 14. Said chapter is further amended by inserting in Part 12 of Article 6, relating to effectiveness of educational programs, new Code Sections to be designated Code Sections 20-2-282, 20-2-283, 20-2-284, and 20-2-285 to read as follows:
"20-2-282. (a) It is the policy of the State of Georgia that the placement or promotion of a student into a grade, class, or program should be based on an assessment of the academic achievement of the student and a determination of the education setting in which the student is most likely to receive the instruction and other services needed in order to succeed and progress to the next higher level of academic achievement. (b) This policy as provided for in this Code section and Code Sections 20-2-283 through 20-2-285 shall be known as the 'Georgia Academic Placement and Promotion Policy.'
20-2-283. (a) No later than January 1, 2002, the State Board of Education shall adopt criteria for the development of a placement and promotion policy by each local board of education consistent with the Georgia Academic Placement and Promotion Policy. (b) Such criteria as adopted by the State Board of Education shall require the following for students in grades three, five, and eight:
(1) No student shall be promoted, except as provided in this Code section, to: (A) The fourth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the third grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; (B) The sixth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the fifth grade criterion-referenced mathematics assessment and fifth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; or (C) The ninth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education

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Accountability in accordance with Code Section 20-14-31 on the eighth grade criterion-referenced mathematics assessment and eighth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; (2) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection then the following shall occur: (A) The student shall be given an additional opportunity to take the criterionreferenced assessment or an alternative assessment instrument that is appropriate for the students grade level as provided for by the State Board of Education and the local board of education; (B) The student shall be given an opportunity for accelerated or additional instruction in the applicable subject; and (C) The parent or guardian of the student shall be notified in writing by certified mail by the school principal or such officials designee regarding the students performance below grade level on the assessment instrument, the retest to be given the student, the accelerated or additional instruction program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year; and (3) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection and also does not perform at grade level on a second additional opportunity as provided for in paragraph (2) of this subsection then the following shall occur: (A) The school principal or the principals designee shall retain the student for the next school year except as otherwise provided in this subsection; (B) The school principal or the principals designee shall notify in writing by certified mail the parent or guardian of the student and the teacher regarding the decision to retain the student and an option of the parent, guardian, or teacher to appeal the decision to retain the student; (C) If the parent, guardian, or teacher appeals the decision to retain the student, then the school principal or designee shall establish a promotion/retention committee composed of the principal or the principals designee, the students parent or guardian, and the teacher of the subject of the assessment instrument on which the student failed to perform at grade level and shall notify in writing by certified mail the parent or guardian of the time and place for convening the promotion/retention committee; (D) The promotion/retention committee shall:
(i) Review the overall academic achievement of the student in light of the performance on the criterion-referenced assessment and the standards and criteria as adopted by the local board of education and make a determination to promote or retain. A decision to promote must be a unanimous decision and must determine

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that if promoted and given accelerated or additional instruction during the next year, the student is likely to perform at grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 by the conclusion of the school year; and (ii) Prescribe for the student, whether the student is retained or promoted, such accelerated or additional instruction as needed to perform at grade level by the conclusion of the subsequent school year, prescribe such additional assessments as may be appropriate in addition to assessments administered to other students at the grade level during the year, and provide for a plan of continuous assessment during the subsequent school year in order to monitor the progress of the student; (E) For students receiving special education or related services, the Individualized Education Plan Committee of such a student who does not perform satisfactorily on an assessment instrument specified in Code Section 20-2-283 shall determine the manner in which the student will participate in an accelerated or additional instruction program designed to improve performance on such assessment instrument and shall, together with the promotion/retention committee as may be required, decide whether the student will be promoted or retained under this Code section; and (F) The decision of the promotion/retention committee may be appealed only as provided for by the local board of education. (c) This Code section does not preclude the retention by the school principal or the principals designee of a student who performs satisfactorily on the criterion-referenced assessments specified in paragraph (1) of subsection (b) of this Code section as provided for by the local board of education. (d) This Code section does not create a property interest in promotion. (e) The State Board of Education shall establish policies and procedures for implementation of this Code section.
20-2-284. (a) No later than July 1, 2003, each local board of education shall develop and adopt a placement and promotion policy in accordance with the criteria established by the State Board of Education as provided in Code Section 20-2-283 and consistent with the Georgia Academic Placement and Promotion Policy. (b) Except for those criterion-referenced assessments specified in Code Section 20-2283, the placement and promotion policy as developed and adopted by each local board of education shall state how the criterion-referenced competency tests administered under 20-2-281 for grades one through eight will be weighted or otherwise utilized by the school principal or the principals designee in determining the overall academic achievement of a student and an appropriate plan of accelerated instruction, placement, promotion, or retention of a student. (c) To assist each local board of education, the State Board of Education shall develop a model placement and promotion policy which may be utilized by a local board of education.

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20-2-285. The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year."
SECTION 15. Said chapter is further amended by striking subsections (b) and (c) of Code Section 20-2290, relating to organization of schools, and inserting in lieu thereof the following:
"(b) Beginning with the 2001-2002 school year, local boards of education shall schedule each middle school so as to provide a the following:
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe and an interdisciplinary team of academic teachers with common planning time of between 55 minutes and 85 minutes. Funds earned above the funding class size for the middle school program may be used by the local board of education to fund additional planning time above 55 minutes, provided that, for the 2000-2001 school year, such funds earned above the funding class size for the middle school program shall be expended in conjunction with state appropriation for such planning time to provide for not less than 85 minutes of planning time. Without limiting the choices, the local board shall have the authority to schedule exploratory and physical education classes for the remainder of the school day. For students not performing on grade level, as defined by the Office of Education Accountability, the additional time shall be designated for academic instruction minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers;. For students performing at or above grade level, such additional time may be used to further advance the student or to instruct in other academic subjects such as foreign language. A student who is performing at or above grade level shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to available space. Until implementation of accountability standards by the Office of Education Accountability, for any middle school with a combined total of 65 percent scoring good or very good in the previous school year on the first administration of the state eighth grade writing assessment and at the sixty-fifth percentile or above on the Iowa Test of Basic Skills eighth grade composite score, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. After the implementation of the accountability standards by the

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Office of Education Accountability, for any middle school scoring an A or B on the absolute student achievement standard, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with this subsection (b) of this Code section in order to qualify for the middle grades school program. (c)(d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."
SECTION 16. Said chapter is further amended by inserting in Code Section 20-2-292, relating to sparsity grants, a new subsection to be designated subsection (d) to read as follows:
"(d) Beginning with the 2001-2002 school year, a school system may be eligible to receive a sparsity grant to supplement funding for alternative education programs operated pursuant to Code Section 20-2-154.1. Funds shall be distributed based on rules and regulations adopted by the State Board of Education subject to appropriation by the General Assembly."
SECTION 17. Chapter 3 of Title 20, relating to postsecondary education, is amended in Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships for a student attending a private postsecondary institution, by striking paragraph (2) of subsection (d) and subsection (e) and inserting in lieu thereof the following:
"(2) Meet achievement standards by meeting the following criteria: (A) Having met all achievement standards for HOPE eligibility in his or her junior year; (B)(A) 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 (C)(B) 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".
"(e) An otherwise eligible 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 hours

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or 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship Reserved."
SECTION 18. Said chapter is further amended in Code Section 20-3-519.12, relating to PROMISE II teachers scholarships, by striking subsection (d) and inserting in lieu thereof the following:
"(d) A PROMISE II teachers scholarship may be applied toward no more than 30 semester or 45 quarter hours of study and may be used no later than June 30, 2004."
SECTION 19. Subsections (h) and (j) of Code Section 20-2-260, as set out in or amended by Section 12 of this Act, shall be repealed automatically in their entirety on June 30, 2009, and the text of such subsections shall on that date be replaced by "Reserved."
SECTION 20. An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof 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 and shall be automatically repealed on June 30, 2009."
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 175th et al. move to amend the Committee substitute to HB 656 by striking line 11 of page 2 and inserting in lieu thereof the following:
"Education; to provide for a timetable for implementation; to create the 'Georgia Closing the Achievement Gap Commission' and to provide for its members, purpose, authority and duties, emphasis, reports, per diem and expenses, staff and administrative support, and termination; to change provisions relating to".
By striking line 32 of page 28 and inserting in lieu thereof the following:
"20-2-283, 20-2-284, 20-2-285, and 20-2-286 to read as follows:".

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By striking line 9 of page 32 and inserting in lieu thereof the following:
"(3) The eighth grade beginning with the 2005-2006 school year.
20-2-286. (a) There is created a commission to be known as the "Georgia Closing the Achievement Gap Commission," referred to in this Code section as the commission.
(1) The commission shall consist of the following: (A) A chairperson and six members to be appointed by the Governor; (B) Six members to be appointed by the President of the Senate; and (C) Six members to be appointed by the Speaker of the House of Representatives.
(2) In making appointments to the commission, the appointing officers shall ensure that representatives for at-risk student populations have significant representation on the commission. (3) When a vacancy occurs in the membership of the commission, the vacancy shall be filled by the same appointing officer who made the initial appointment. (b) The purpose of the commission is to provide a public policy focus on closing the student achievement gap that exists for at-risk students, including groups of students disaggregated by ethnicity, sex, disability, language proficiency, and socioeconomic status. The commission is to develop successful strategies, reports, and recommendations that will assist in closing this student achievement gap. The commission shall focus on disaggregated student achievement data and shall research programs and strategies utilized in schools in Georgia and nationally to reduce the achievement gap. The commission shall provide reports and recommendations to the Education Coordinating Council and the General Assembly regarding closing the gap in student achievement in Georgia. (c) The commission shall be authorized to: (1) Gather accurate and reliable date and research information pertaining to the status of at-risk students in the Georgia public school system; (2) Identify and visit education programs and other efforts within and outside Georgia that appear to be successful in yielding significant positive results for at-risk students; (3) Consult with higher education faculty members and other persons who have been engaged in extensive research and observation related to these issues and encourage their direct involvement in the activities of the commission; (4) Conduct hearings throughout the state for the purpose of obtaining meaningful information regarding successful education programs and efforts related to those concerns; (5) Identify, consult, and meet with representatives of national, regional, and statelevel organizations and agencies that could be particularly helpful in addressing the concerns of at-risk student achievement;

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(6) Devise recommendations regarding steps that should be taken to address the concerns of at-risk student achievement and the steps that should be taken separately and collectively by:
(A) State government agencies; (B) Local government agencies; (C) Public schools and higher education institutions; (D) Nonprofit organizations; (E) Professional educational organizations; (F) Foundations; (G) Faith based organizations or institutions; (H) Civic organizations; (I) The business community; and (J) Other entities; and (7) Receive reports from and consult with the Office of Education Accountability regarding the student achievement results including all disaggregated student achievement data. (d) The commission should place particular emphasis on reviewing programs and efforts that have been successful in attaining: (1) Improved educational achievement amount at-risk students; (2) Reduction of school discipline and behavioral problems that hinder student achievement; (3) Reduction of at-risk student dropout rates; and (4) Improved parental involvement in a students academic achievement and in the school of the student. (e) The commission shall report to the Education Coordinating Council and the General Assembly their findings and recommendations including any legislation that the commission has determined is needed to implement their recommendations. (f) The commission shall receive per diem, subsistence, and travel allowance subject to appropriation by the General Assembly. (g) The commission shall be provided staff and administrative support by the Office of Education Accountability to carry out the authority described in this Code section. (h) The commissions existence shall be terminated on June 30, 2006, unless continued existence is authorized by statute.'"

The following amendment was read:

Representatives Snelling of the 99th et al. move to amend the Committee substitute to HB 656 by inserting after "so as" on line 2 of page 1 the following:
"to provide for a character education program to be developed by the State Board of Education for certain officials and employees;".

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By striking line 23 of page 2 and inserting in lieu thereof the following:
"secondary education, is amended by inserting a new Code Section 20-2-21 to read as follows:
'20-2-21. The State Board of Education shall provide for a program of character education designed to foster those adult-appropriate character traits which are included as part of the character curriculum for public school students specified in Code Section 20-2-145. Such program shall be offered to and completed by each member of the State Board of Education and each person employed the executive office of the Governor at least once biennially and shall also be included in the series of instructional classes or courses offered to members of the General Assembly pursuant to Code Section 28-11-4. Expenses of developing and providing such character education program shall be paid from funds appropriated or otherwise available to the Department of Education.'
SECTION 1A. Said chapter is further amended by striking in its entirety Code Section 20-2-153, relating".

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

N Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong E Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch E Bunn Y Burkhalter Y Burmeister N Byrd

N Cox N Crawford N Cummings Y Davis N Day N Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell

N Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann N Manning

Y Mueller N Orrock N Parham N Parrish N Parsons N Pelote
Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L

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Y Callaway E Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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N Heard N Heckstall Y Hembree N Henson Y Hines N Holland
Holmes N Houston N Howard Y Hudgens N Hudson, N

N Martin Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims Y Sinkfield N Skipper Y Smith, B

Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 54, nays 116. The amendment was lost.

Representative Sinkfield of the 57th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to HB 656 as follows: P. 29, line 10, strike "three" insert "two". P. 29, line 12, strike "fourth" insert "third". P. 29, line 14, strike "third" insert "second". P. 32, line 7, strike "third" insert "second".

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

N Allen Y Amerson N Anderson N Ashe N Bannister N Barnard N Barnes

Y Cox Y Crawford N Cummings Y Davis Y Day Y Dean Y Deloach, B

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson

Y Mueller N Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster

N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre

N Bell N Birdsong E Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch E Bunn N Burkhalter Y Burmeister N Byrd Y Callaway E Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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Y Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland
Holmes N Houston
Howard Y Hudgens N Hudson, N

N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

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N Snelling N Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor N Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 62, nays 110. The amendment was lost.

The following amendment was read and withdrawn:

Representatives Cox of the 105th and Stephens of the 150th move to amend the Committee substitute to HB 656 by striking line 24 of page 16 and inserting in lieu thereof the following:
"dollars generated during the year by a 1 percent sales tax which is levied on the school district specifically for education purposes."

The following amendment was read:

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Representatives Taylor of the 134th, Hugley of the 133rd, Lucas of the 124th, Stanley of the 49th and Epps of the 131st move to amend the Committee substitute to HB 656 by striking line 33 of page 30 and inserting in lieu thereof the following:
"retain. The committee shall strive to reach a unanimous decision, but if such effort fails then the committees decision shall be by majority vote of all committee members. A decision to promote must determine that".

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

Y Allen N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong E Black N Boggs N Bohannon N Bordeaux N Borders N Bridges Y Brooks N Broome N Brown N Buck Y Buckner N Bulloch E Bunn N Burkhalter N Burmeister N Byrd N Callaway E Campbell N Cash Y Channell N Childers N Coan N Coleman, B N Coleman, T N Collins N Connell N Cooper

Y Cox N Crawford N Cummings N Davis N Day Y Dean N Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner N Dukes N Ehrhart Y Epps N Everett N Floyd N Forster N Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin N Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines N Holland
Holmes N Houston Y Howard N Hudgens N Hudson, N

N Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord
Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning N Martin N Massey Y McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley N Morris N Mosley

N Mueller Y Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece Y Reed N Reese N Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal N Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan N Shaw N Sholar N Sims Y Sinkfield N Skipper N Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens N Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles N Wilkinson N Willard Y Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 47, nays 126.

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The amendment was lost.

Representative Taylor of the 134th moved that the House reconsider its action in failing to adopt the Taylor amendment.

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

Y Allen Y Amerson Y Anderson N Ashe N Bannister N Barnard Y Barnes N Bell Y Birdsong E Black N Boggs N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Broome N Brown
Buck N Buckner N Bulloch E Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway E Campbell Y Cash Y Channell N Childers Y Coan N Coleman, B Y Coleman, T N Collins N Connell N Cooper

Y Cox N Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G N Dix N Dodson Y Drenner N Dukes N Ehrhart Y Epps N Everett N Floyd Y Forster N Franklin N Golick N Graves N Greene N Hammontree N Hanner Y Harbin N Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines N Holland
Holmes N Houston Y Howard Y Hudgens N Hudson, N

N Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning N Martin Y Massey Y McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley N Morris N Mosley

N Mueller Y Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray Y Reece Y Reed N Reese N Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar N Sims Y Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smyre N Snelling N Snow N Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West Y Westmoreland Y Wiles N Wilkinson N Willard Y Williams N Wix N Yates
Murphy, Speaker

On the motion, the ayes were 74, nays 97. The motion was lost.

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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 Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y 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 Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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Representative Walker of the 141st assumed the chair.
Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.
The Speaker assumed the Chair.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 501. By Representatives Stanley of the 50th and Stanley of the 49th: A RESOLUTION commending the Atlanta Job Corps Center and inviting its director and staff to appear before the House of Representatives; and for other purposes.
HR 503. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Coleman of the 142nd, Ehrhart of the 36th and others: A RESOLUTION commending Dr. Betty L. Siegel, President of Kennesaw State University, and inviting her to appear before the House of Representatives; and for other purposes.
Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker: Your Committee on Agriculture and 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 789 Do Pass

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Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Smith of the 12th 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 730 Do Pass

Respectfully submitted, /s/ Smith of the 12th
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 565 Do Pass, by Substitute HB 731 Do Pass HB 750 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

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Mr. Speaker:
Your Committee on Motor Vehicles 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 689 Do Pass HR 209 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:

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

HR 410 HR 434 HR 435 HR 455

Do Pass Do Pass Do Pass Do Pass

HR 466 Do Pass HR 484 Do Pass, by Substitute SR 178 Do Pass

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

Representative Twiggs of the 8th 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

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the following recommendations:
HR 372 Do Pass HR 453 Do Pass HR 454 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
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.