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 II

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 II
2001 Atlanta, Ga. Printed on Recycled Paper

WEDNESDAY, MARCH 7, 2001

2175

Representative Hall, Atlanta, Georgia Wednesday, March 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.

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

Allen Anderson Ashe Bannister Barnard Bell Birdsong E Black Boggs Bohannon Bridges Brooks Broome Brown Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Childers Coan Coleman, B Connell

Cox Cummings Day Deloach, B Deloach, G Dodson Drenner Everett Floyd Forster Franklin Graves Greene Hammontree Hanner Harbin Hembree Hines Holland Houston Howard Hudgens Hudson, N Hudson, S

Hugley Jackson, L James Jamieson Jenkins Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lunsford E Mann Manning Martin Massey McBee Mills Mosley

Mueller Parham Parrish Parsons Pelote Pinholster Porter Purcell Reece Reichert Rice Richardson Roberts, D Royal Sanders Scott Seay Shanahan Sholar Skipper Smith, C Smith, L Smith, P Smith, T

Smith, V Smyre Snelling Snow Stallings Stancil Stanley Stanley-Turner Stephens Stuckey Taylor Teper Tillman Turnquest Unterman 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 Amerson of the 7th, Barnes of the 97th, Bordeaux of the 151st, Borders of the 177th, Buck of the 135th, Buckner of the 95th, Bulloch of the 180th, Channell of the 111th, Coleman of the 142nd, Collins of the 29th, Cooper of the 31st, Crawford of the 129th, Davis of the 60th, Dix of the 76th, Golick of the 30th, Harrell of the 62nd, Heard of the 89th, Heckstall of the 55th, Henson of the 65th, Holmes of the 53rd, Irvin of the 45th, Lucas of the 124th, Mangham of the 75th, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Millar of the 59th, Morris of the 155th, Orrock of the 56th, Poag of the 6th, Powell of the 23rd, Ragas of the 64th, Randall of the

2176

JOURNAL OF THE HOUSE

127th, Ray of the 128th, Reese of the 85th, Rogers of the 20th, Sailor of the 71st, Shaw of the 176th, Sims of the 167th, Sinkfield of the 57th, Smith of the 19th, Stokes of the 92nd, Teague of the 58th, Twiggs of the 8th, Watson of the 70th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Clay B. Bowden, Senior Pastor, Mt. Zion Baptist 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.

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

WEDNESDAY, MARCH 7, 2001

2177

HB 853. By Representative Smith of the 102nd:
A BILL to provide a new charter for the City of Shiloh; and for other purposes.

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

HB 854. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th:
A BILL to make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; and for other purposes.

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

HB 855. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to create the Colquitt County Family Connection Collaborative on Children and Families; and for other purposes.

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

HB 856. By Representative Connell of the 115th:
A BILL to amend an Act creating the Augusta-Richmond County Coliseum Authority, so as to change the membership of the authority; to provide for the terms, qualifications, and appointment of members of the authority; and for other purposes.

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

HB 857. By Representatives Wix of the 33rd, Manning of the 32nd, Johnson of the 35th, Parsons of the 40th, Collins of the 29th and others:

2178

JOURNAL OF THE HOUSE
A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.

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

HB 858. By Representatives Powell of the 23rd, McCall of the 90th, Porter of the 143rd, Channell of the 111th and Jamieson of the 22nd:
A BILL to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems, so as to provide restrictions on water withdrawn permits where an interbasin transfer is involved; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 859. By Representative Bordeaux of the 151st:
A BILL to amend Article 5 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the use of sign language and intermediary interpreters in administrative and judicial proceedings, so as to authorize state agencies, law enforcement agencies, and courts to obtain directly the services of qualified interpreters required by this article; to eliminate the duties of the Department of Human Resources under this article; and for other purposes.

Referred to the Committee on Judiciary.

HB 860. By Representative Jamieson of the 22nd:
A BILL to provide a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; and for other purposes.

WEDNESDAY, MARCH 7, 2001

2179

Referred to the Committee on State Planning & Community Affairs - Local.
HB 861. By Representative Jamieson of the 22nd: A BILL to create the Banks County Family Connection Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 872. By Representatives Jennings of the 63rd, Harrell of the 62nd, Mangham of the 75th, Mobley of the 69th, Davis of the 60th and others: A BILL to provide for the filling of vacancies in the office of sheriff of DeKalb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 873. By Representatives Unterman of the 84th, Dix of the 76th, Reese of the 85th, Coleman of the 80th, Squires of the 78th and others: A BILL to provide for the filling of vacancies in the office of sheriff of Gwinnett County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 874. By Representative Purcell of the 147th: A BILL to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," so as to provide additional members for such authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

2180

JOURNAL OF THE HOUSE

HR 500. By Representatives Ashe of the 46th and Coleman of the 80th:
A RESOLUTION creating the House Study Committee on Universal School Breakfast; and for other purposes.

Referred to the Committee on Rules.

HR 502. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A RESOLUTION commemorating the establishment of the Town of Cannonville in Troup County, Georgia, and urging the Department of Natural Resources to include the Cannonville community within the Georgia Register of Historic Places; 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 830 HB 831 HB 832 HB 833 HB 834 HB 835 HB 836 HB 837 HB 838 HB 839 HB 840 HB 841 HB 842 HB 843 HB 844 HB 845 HB 846

HB 869 HB 870 HB 871 HR 465 SB 46 SB 59 SB 61 SB 71 SB 75 SB 105 SB 116 SB 139 SB 194 SB 206 SB 220 SB 230 SB 244

HB 847 HB 848 HB 849 HB 850 HB 851 HB 852 HB 862 HB 863 HB 864 HB 865 HB 866 HB 867 HB 868

WEDNESDAY, MARCH 7, 2001
SB 260 SB 261 SB 262 SB 263 SB 264 SB 265 SB 266 SB 267 SB 268 SR 183 SR 190 SR 215 SR 230

2181

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 736 Do Pass SB 217 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 450 Do Pass, by Substitute

2182

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 52 Do Pass, by Substitute
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 368 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:

WEDNESDAY, MARCH 7, 2001

2183

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation 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 819 Do Pass HB 820 Do Pass HB 823 Do Pass

HB 826 Do Pass HR 413 Do Pass HR 457 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 458 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 7, 2001

Mr. Speaker and Members of the House:

2184

JOURNAL OF THE HOUSE

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 144 HR 174
HR 215

M. Merrill Johnson, Sr., Highway; designate Joint Hazardous Sites Response Act Reauthorization Study Committee; create Joint Study Committee on Limited Access for State Route 316/University Parkway; create

DEBATE CALENDAR

HB 97 HB 161 HB 360 HB 369 HB 410 HB 436 HB 453 HB 474 HB 490 HB 499 HB 521 HB 527 HB 538 HB 593 HB 597 HB 618 HB 633
HB 642 HB 646 HB 648 HB 651 HB 657 HB 658 HB 678 HB 681
HB 695
HB 718

"Georgia's Pre-K Program"; rename pre-kindergarten program Schools; persons other than students; report on entering Safe Place for Newborns Act of 2001; enact New trials; extraordinary motions; paternity Sentences; judge's authority to modify; time State Commission on Compensation; abolish Child endangerment; define offense Local governments; development rights; intergovernmental transfers Income tax credits; certain enterprises; additional designated areas Firearms; possession by certain felons and probationers; penalty Telecommunication/cable services; civil damages for theft Juvenile courts; termination of proceeding; parents' request Athletic contests/entertainment events; ticket sales TANF assistance; qualified aliens; eligibility Court reporters; receive counsel for actions/proceedings Educational entities; disciplinary orders The Mighty Eighth Air Force Heritage Museum; designate official center for character education Juvenile Discovery Act; enact Wills; renunciation of future interests; provisions Property; foreclosure; advertisements of sales Public school property; maximum length of lease; increase Crimes; RICO; redefine "pattern of racketeering activity" Jails; convicted person in local jails; transfer custody Uniform Rules of the Road; improve enforcement; traffic control devices Georgia Courts Automation Commission; advisory council; Georgia Technology Authority State Financing and Investment Commission; income earned on certain appropriations Schools; indoor air quality; annual inspections

WEDNESDAY, MARCH 7, 2001

2185

HB 742 HB 743 HB 783 HB 791 HB 809 HB 810 HB 813 HR 338

Hunting without landowner's permission; penalties Substance Abuse and Crime Prevention Act of 2001; enact Forfeited property; distribution; land bank authorities Penal institutions; split sentence probationers; supervision Restaurant Franchise Relations Act; enact Certiorari and appeals; certain capital offenses; amend provisions State deferred compensation plans; include local school systems State printing and access; urge DOAS and Georgia Technology Authority; electronic directory

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 Resolutions of the House were taken up for consideration and read the third time:

HB 819. By Representative Murphy of the 18th:
A BILL to create a board of elections and registration for Haralson 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.
On the passage of the Bill, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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.

2186

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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:
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 826. By Representative Bell of the 25th:
A BILL to provide a new charter for the City of Jefferson; 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 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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:

WEDNESDAY, MARCH 7, 2001

2187

A RESOLUTION designating Meals on Wheels Day in Chatham 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 ayes were 96, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 96, nays 3.
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 has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 11. By Senator Thompson of the 33rd:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to change the powers of business development corporations; to delete a prohibition against incurring secondary liability; to clarify that powers relate to commercial, residential, and historical real property; to clarify that business

2188

JOURNAL OF THE HOUSE
development corporations are authorized to acquire real estate for the purpose of constructing residential buildings, industrial plants, industrial parks, or business establishments, to dispose of real estate to others for such purpose.

SB 70. By Senators Fort of the 39th, Polak of the 42nd, Haines of the 46th, Thomas of the 2nd, Tate of the 38th and others:
A bill to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking, so as to enact the "Georgia Fair Lending Act"; to prohibit abusive home loan practices; to provide for definitions; to list prohibited practices and limitations relating to making or refinancing home loans; to provide for prohibited practices and limitations relating to high-cost home loans; to create specific and numerous consumer protections for highcost home loans; to provide for penalties and remedies and enforcement; to provide for exceptions for certain unintentional violations; to provide for related matters; to provide for severability; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes
SB 93. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.
SB 98. By Senators Thompson of the 33rd, Tate of the 38th and Thomas of the 2nd:
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 regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to repeal conflicting laws; and for other purposes.
SB 127. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total

WEDNESDAY, MARCH 7, 2001

2189

amount of the assessed value of the homestead for the taxable year beginning on January 1, 2003, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1, 2004, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; to repeal conflicting laws; and for other purposes.
SB 129. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to admission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that neither the center or its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on the Georgia criminal justice information system (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC); to repeal conflicting laws; and for other purposes.
SB 162. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Walker of the 22nd:
A bill to be entitled an Act to amend Chapter 2 of Title 41 of the O.C.G.A., relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law; any optional building, fire, life safety, or other codes relative to the safe use of real property adopted by ordinance in the jurisdiction where the property is located; or general nuisance law; to repeal conflicting laws; and for other purposes.
SB 176. By Senators Brush of the 24th and Harbison of the 15th:
A bill to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing

2190

JOURNAL OF THE HOUSE

generally, so as to provide that active duty members of the armed forces of the United States shall be eligible to receive free license plates for private passenger cars or trucks; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 204. By Senators Polak of the 42nd, Streat of the 19th and Thomas of the 10th:
A bill to be entitled an Act to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that certain bona fide coin operated amusement machines are not contraband; to amend Chapter 17 of Title 48 of the O.C.G.A., relating to taxation of bona fide coin operated amusement machines, so as to provide for notice of certain criminal provisions on master licenses and permit stickers issued for bona fide coin operated amusement machines; to provide that hearings relating to licensing of bona fide coin operated amusement machines are not subject to provisions relating to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.
SB 221. By Senators James of the 35th, Tate of the 38th and Blitch of the 7th:
A bill to be entitled an Act 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; to repeal conflicting laws; and for other purposes.
SB 234. By Senator Hamrick of the 30th:
A bill to be entitled an Act to enact the "Corruption Prevention Act;" to provide a short title; to provide for legislative findings; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the procedures relating to the indictment of certain public officials; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 238. By Senators Stokes of the 43rd, Walker of the 22nd, Starr of the 44th and Thomas of the 54th:
A bill to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to change the provisions relating to definitions regarding review organizations and change the provisions relating to confidentiality of information shared between a review organization and a governmental

WEDNESDAY, MARCH 7, 2001

2191

agency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 269. By Senators Kemp of the 3rd, Haines of the 46th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 5-3-30 of the Official Code of Georgia Annotated, relating to calendaring appeals in the superior or state courts and jury trials therein, so as to eliminate the magistrate court monetary jurisdictional limit; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 278. By Senator Ladd of the 41st:
A bill to be entitled an Act to provide for a homestead exemption from certain DeKalb 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; 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.
SB 284. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the provisions relating to the filling of vacancies on the board of education; to repeal conflicting laws; and for other purposes.
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.
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

2192

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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

WEDNESDAY, MARCH 7, 2001

2193

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.
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.
SB 297. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
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.
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.
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.
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

2194

JOURNAL OF THE HOUSE

the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
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.
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.
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.
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.
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 twoyear phase-in period for certain residents of that city who are 62 years of age or older; and for other purposes.
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.

WEDNESDAY, MARCH 7, 2001

2195

SB 253. By Senators Hecht of the 34th, Tanksley of the 32nd and Seabaugh of the 28th:
A bill to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to taxation; to repeal conflicting laws; and for other purposes.
SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 254. By Senators Hecht of the 34th, Polak of the 42nd, Kemp of the 3rd and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the O.C.G.A., relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 118. By Senators James of the 35th, Tate of the 38th, Brown of the 26th, Hecht of the 34th, Paul of the 40th and others:

2196

JOURNAL OF THE HOUSE

A resolution creating the Fulton County Youth Legislature; and for other purposes.
The Senate has passed by the requisite constitutional majority, the following bills of the Senate:

SB 270. By Senators Kemp of the 3rd, Hecht of the 34th and Ray of the 48th:
A bill to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow state and magistrate court judges to set bond under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 112. By Senator James of the 35th:
A bill to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to refer to the Office of Treasury and Fiscal Services in lieu of the Department of Administrative Services in certain instances; to repeal conflicting laws; and for other purposes.
SB 226. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th, Golden of the 8th, Meyer von Bremen of the 12th and others:
A bill to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.
SB 239. By Senators Lee of the 29th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to codification of local government ordinances, so as to change the provisions relating to definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 7, 2001

2197

SB 25. By Senator Johnson of the 1st:
A bill to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to authorize delivery of notices previously required to be delivered by registered or certified mail to be provided by overnight or commercial delivery service; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Johnson of the 1st, Bowen of the 13th, Dean of the 31st, Gillis of the 20th and Hooks of the 14th:
A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, so as to change the provisions relating to the use of force in the defense of habitations or residences; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 168. By Senator Thomas of the 2nd:
A bill to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards; to repeal conflicting laws; 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 11.

By Senator Thompson of the 33rd:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to change the powers of business development corporations; to delete a prohibition against incurring secondary liability; to clarify that powers relate to commercial, residential, and historical real property; to clarify that business development corporations are authorized to acquire real estate for the purpose of constructing residential buildings, industrial plants, industrial parks, or business establishments, to dispose of real estate to others for such purpose.

2198

JOURNAL OF THE HOUSE

Referred to the Committee on Industry.

SB 25.

By Senator Johnson of the 1st:
A bill to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to authorize delivery of notices previously required to be delivered by registered or certified mail to be provided by overnight or commercial delivery service; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 70.

By Senators Fort of the 39th, Polak of the 42nd, Haines of the 46th, Thomas of the 2nd, Tate of the 38th and others:
A bill to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking, so as to enact the "Georgia Fair Lending Act"; to prohibit abusive home loan practices; to provide for definitions; to list prohibited practices and limitations relating to making or refinancing home loans; to provide for prohibited practices and limitations relating to high-cost home loans; to create specific and numerous consumer protections for high-cost home loans; to provide for penalties and remedies and enforcement; to provide for exceptions for certain unintentional violations; to provide for related matters; to provide for severability; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

SB 93.

By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar

WEDNESDAY, MARCH 7, 2001

2199

electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

SB 98.

By Senators Thompson of the 33rd, Tate of the 38th and Thomas of the 2nd:
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 regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 112. By Senator James of the 35th:
A bill to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to refer to the Office of Treasury and Fiscal Services in lieu of the Department of Administrative Services in certain instances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 127. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2003, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1,

2200

JOURNAL OF THE HOUSE
2004, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; to repeal conflicting laws; and for other purposes.

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

SB 129. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to admission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that neither the center or its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on the Georgia criminal justice information system (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC); to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 160. By Senators Johnson of the 1st, Bowen of the 13th, Dean of the 31st, Gillis of the 20th and Hooks of the 14th:
A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, so as to change the provisions relating to the use of force in the defense of habitations or residences; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 162. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Walker of the 22nd:

WEDNESDAY, MARCH 7, 2001

2201

A bill to be entitled an Act to amend Chapter 2 of Title 41 of the O.C.G.A., relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law; any optional building, fire, life safety, or other codes relative to the safe use of real property adopted by ordinance in the jurisdiction where the property is located; or general nuisance law; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 168. By Senator Thomas of the 2nd:
A bill to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 176. By Senators Brush of the 24th and Harbison of the 15th:
A bill to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing generally, so as to provide that active duty members of the armed forces of the United States shall be eligible to receive free license plates for private passenger cars or trucks; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

SB 204. By Senators Polak of the 42nd, Streat of the 19th and Thomas of the 10th: A bill to be entitled an Act to revise provisions relating to bona fide coin

2202

JOURNAL OF THE HOUSE
operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that certain bona fide coin operated amusement machines are not contraband; to amend Chapter 17 of Title 48 of the O.C.G.A., relating to taxation of bona fide coin operated amusement machines, so as to provide for notice of certain criminal provisions on master licenses and permit stickers issued for bona fide coin operated amusement machines; to provide that hearings relating to licensing of bona fide coin operated amusement machines are not subject to provisions relating to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 221. By Senators James of the 35th, Tate of the 38th and Blitch of the 7th:
A bill to be entitled an Act 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; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 226. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th, Golden of the 8th, Meyer von Bremen of the 12th and others:

WEDNESDAY, MARCH 7, 2001

2203

A bill to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 234. By Senator Hamrick of the 30th:
A bill to be entitled an Act to enact the "Corruption Prevention Act;" to provide a short title; to provide for legislative findings; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the procedures relating to the indictment of certain public officials; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 238. By Senators Stokes of the 43rd, Walker of the 22nd, Starr of the 44th and Thomas of the 54th:
A bill to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to change the provisions relating to definitions regarding review organizations and change the provisions relating to confidentiality of information shared between a review organization and a governmental agency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 239. By Senators Lee of the 29th and Meyer von Bremen of the 12th: A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 24 of the

2204

JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to codification of local government ordinances, so as to change the provisions relating to definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 253. By Senators Hecht of the 34th, Tanksley of the 32nd and Seabaugh of the 28th:
A bill to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to taxation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 254. By Senators Hecht of the 34th, Polak of the 42nd, Kemp of the 3rd and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the O.C.G.A., relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 7, 2001

2205

Referred to the Committee on Industry.
SB 269. By Senators Kemp of the 3rd, Haines of the 46th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 5-3-30 of the Official Code of Georgia Annotated, relating to calendaring appeals in the superior or state courts and jury trials therein, so as to eliminate the magistrate court monetary jurisdictional limit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 270. By Senators Kemp of the 3rd, Hecht of the 34th and Ray of the 48th:
A bill to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow state and magistrate court judges to set bond under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 278. By Senator Ladd of the 41st:
A bill to be entitled an Act to provide for a homestead exemption from certain DeKalb 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; 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.
Referred to the Committee on State Planning & Community Affairs - Local.

2206

JOURNAL OF THE HOUSE

SB 284. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the provisions relating to the filling of vacancies on the board of education; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 297. By Senator Thompson of the 33rd:
A bill to be entitled an Act to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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

SR 118. By Senators James of the 35th, Tate of the 38th, Brown of the 26th, Hecht of the 34th, Paul of the 40th and others:
A resolution creating the Fulton County Youth Legislature; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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

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

WEDNESDAY, MARCH 7, 2001

2207

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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 504. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending the Crisp Academy Debate Team and inviting the team to appear before the House of Reoresentatives; 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 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.

The report of the Committee, which was favorable to the 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 Y 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
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

2208
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 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

E 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 E 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 Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Lunsford Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney E Millar Y Mills Mobley Morris Y Mosley

Y 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 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
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
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.

Representatives Lunsford of the 109th 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.

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.

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

WEDNESDAY, MARCH 7, 2001

2209

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.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Hazardous Sites Response Act Reauthorization Study Committee; and for other purposes.
WHEREAS, the natural environment is a precious resource of this state and its protection is a crucial component to the future prosperity of Georgia; and
WHEREAS, the protection of human health is of utmost concern to the Environmental Protection Division of the Department of Natural Resources of the State of Georgia; and
WHEREAS, the Environmental Protection Division is charged with protecting human health and the environment from release of hazardous waste, hazardous constituents, and hazardous materials from hazardous sites; and
WHEREAS, the Environmental Protection Division protects human health and the environment from releases at hazardous sites through the use of the Hazardous Waste Trust Fund which is funded by fees on hazardous waste, hazardous substances, and solid waste; and
WHEREAS, the State of Georgia Program Evaluation of the Sufficiency of the Hazardous Waste Trust Fund, prepared December, 1999, by the Department of Audits and Accounts, showed a $213.6 million shortfall in funding under the current fee structure; and
WHEREAS, the Hazardous Waste Trust Fund will not have enough funding to protect human health and the environment from releases at hazardous sites if additional funding is not obtained; and
WHEREAS, the fees will sunset on July 1, 2003, if they are not reauthorized by the General Assembly; and

2210

JOURNAL OF THE HOUSE

WHEREAS, an overall comprehensive study should be undertaken to assist the General Assembly in determining the need for additional funding for the Hazardous Waste Trust Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Hazardous Sites Response Act Reauthorization Study Committee. The President of the Senate shall appoint three members of the Senate, one of whom shall serve as cochairperson of the committee. The President of the Senate shall also appoint three additional persons to the committee, one representing the interests of environmental groups, one representing the interests of business and industry, and one representing the interests of municipal corporations. The Speaker of the House of Representatives shall appoint three members of the House, one of whom shall serve as cochairperson of the committee. The Speaker of the House of Representatives shall also appoint three additional persons to the committee, one representing the interests of environmental groups, one representing the interests of business and industry, and one representing the interests of counties. The director of the Environmental Protection Division of the Department of Natural Resources shall serve as a member of the committee and shall provide information as requested by the committee; provided, however, that the director shall have no vote on any matter before the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems regarding the funding shortfall mentioned above or related thereto, including a review of experience with the Hazardous Sites Response Act to date to determine what improvements might allow for more cost effective results, and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2001. The committee shall stand abolished on December 1, 2001.

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

WEDNESDAY, MARCH 7, 2001

2211

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.

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

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

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

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
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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y 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
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 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 Mangham E Mann Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney E Millar Y Mills Mobley

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

2212
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens Y Hudson, N

Morris Y Mosley

Y Skipper Y Smith, B

Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 156, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

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 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.

Pursuant to Rule 134, Representative Stuckey of the 67th was excused from voting on HB 809.

Pursuant to Rule 134, Representative Day of the 153rd was excused from voting on HB 809.

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

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

N Allen N Amerson Y Anderson N Ashe E Bannister N Barnard N Barnes Y Bell
Birdsong E Black Y Boggs

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

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 Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell

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

N Bohannon Y Bordeaux Y Borders Y 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
Cash Y Channell Y Childers N Coan
Coleman, B Coleman, T N Collins Connell N Cooper

WEDNESDAY, MARCH 7, 2001

Y Dukes Ehrhart
Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick N Graves Y Greene N Hammontree Y Hanner Y Harbin
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 Y Lane N Lanier N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

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

2213
N Stancil Stanley
Y Stanley-Turner Stephens
Y Stokes Stuckey
Y Taylor Y Teague N Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson
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 95, nays 59. The Bill, having received the requisite constitutional majority, was passed.

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

Representatives Cash of the 108th and Reese of the 85th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Drenner of the 66th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 436. By Representatives Walker of the 141st, Murphy of the 18th, Skipper of the 137th and Smyre of the 136th:

2214

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell
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 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
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 Y 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 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
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 passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 7, 2001

2215

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 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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell
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 Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner

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 Y Knox Y Lane Lanier Y Lewis Y Lord Lucas 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 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
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs

2216
Y Burmeister Y Byrd Y 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 E 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 Y McCall Y McClinton Y McKinney Y 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 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 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.

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.

The following Committee substitute was read and adopted:

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 real property so forfeited; 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 real property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to the

WEDNESDAY, MARCH 7, 2001

2217

forfeiture of certain contraband, is amended by striking in its entirety paragraph (2) of subsection (u) and inserting in lieu thereof the following:
"(2) When property, other than money or real property, is forfeited under this article, the court may:
(A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or (B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection. (2.1) When real property is forfeited, the court may order that: (A) The real property be turned over to the state; (B) The appropriate political subdivision take charge of the property and:
(i) Sell the property with such conditions as the court deems proper, and distribute the proceeds in such manner as the court so orders; or (ii) Hold the property for use by one or more law enforcement agencies; (C) The real property be turned over to an appropriate political subdivision without restrictions; (D) The real property be deeded to a land bank authority as provided in Article 4 of Chapter 4 of Title 48; or (E) The real property be disposed of in such other manner as the court deems proper."
SECTION 2. Code Section 48-4-61 of the Official Code of Georgia Annotated, relating to land bank authorities, is amended by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:
"(b) The authority shall be a public body corporate and politic with the power to sue and be sued, to accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49, and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article. (c) The authority shall be established to acquire the tax delinquent properties of the parties and any property deeded to it pursuant to paragraph (2.1) of subsection (u) of Code Section 16-13-49 in order to foster the public purpose of returning land which is in a nonrevenue-generating, nontax-producing status to an effective utilization status or of returning real property forfeited pursuant to Code Section 16-13-49 to such status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise of such powers."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2218

JOURNAL OF THE HOUSE

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

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen N 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 Y McKinney Y Millar Y 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 Y 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 N Stancil
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
Westmoreland N Wiles Y Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 13.

WEDNESDAY, MARCH 7, 2001

2219

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

Representative Davis of the 60th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 "nay" thereon.

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.

The following Committee substitute was read and adopted:

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; to provide for fair market value rates for such leases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to leases of public school property, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-600 to read as follows:
"20-2-600. The various counties, cities, municipalities, county boards of education, city boards of education, and governing bodies of independent school districts or systems of this state shall have authority to lease any schoolhouse or other school property that it has determined is no longer needed for school purposes to any person, group of persons, or

2220

JOURNAL OF THE HOUSE

corporation, provided that the lease shall be for a fair market value rate for a period not longer than 15 50 years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe E 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 Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers E 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
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

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 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
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
Yates Murphy, Speaker

WEDNESDAY, MARCH 7, 2001

2221

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 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.

The following Committee substitute was read:

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; to delete provisions relating to the Georgia Boxing Commission from Chapter 8A of Title 43 of the Official Code of Georgia Annotated; to revise and move such provisions to Chapter 4B of such title; to change the name of the Georgia Boxing Commission to the Georgia Athletic and Entertainment Commission; to make editorial changes; to provide definitions; to provide for exemptions from the chapter; to provide for the commission membership and its appointment, terms, officers, vacancies, and reimbursement; to provide for the membership of a medical advisory panel and its qualifications, functions, meetings, and reimbursement; to provide for the duties, authority, and jurisdiction of the commission; to provide for inspectors and authorized representatives; to provide for investigations, activities which promote amateur boxing or amateur wrestling, and contracts; to provide for identification cards and a boxing registry; to provide for the

2222

JOURNAL OF THE HOUSE

commissions secretary, meetings, quorum, and rules and regulations; to prohibit certain relationships with or compensation from promoters or persons with a financial interest in activities regulated by the commission; to prohibit promoting or holding \sect softlinea professional match, contest, or exhibition of boxing or wrestling by unlicensed persons or by persons without a match permit; to provide for licensing of promoters, referees, wrestlers, managers, judges, timekeepers, matchmakers, boxers, trainers, and certain other persons who assist boxers and wrestlers; to provide for fees, performance bonds, criteria for determining whether to issue a license, and authority to refuse to grant a license; to provide for disciplinary action against licensees and suspension or revocation of licenses or permits; to provide for safety requirements; to prohibit participation in professional matches, contests, or exhibitions of boxing or wrestling by persons under 18; to prohibit persons other than ticket brokers from reselling or offering for resale any ticket for an athletic contest or entertainment event for a price exceeding the face value of the ticket; to provide for exceptions; to provide for service charges in certain circumstances; to provide for stating the amount of the service charge on advertisements, announcements, or posters for contests or events; to provide for requirements for ticket brokers; to prohibit convicted felons from engaging in the business of a ticket broker in certain circumstances; to provide for certain disclosures by ticket brokers; to prohibit certain practices by ticket brokers; to provide for refunds; to restrict the percentage of tickets to a contest or event which may be resold by any ticket broker; to provide that a person who is the original purchaser for personal use of one or more tickets may sell or offer for resale such tickets at any price under certain circumstances; to exempt charitable organizations and their employees and volunteers from provisions regulating ticket sales and resales in certain circumstances; to authorize more restrictive regulation by ordinance of the applicable local government in certain circumstances; to provide a criminal penalty; to provide for rules and regulations; to provide for enforcement of provisions relating to ticket brokers by the commission; to provide for relief by order of the superior court; to provide for notice and opportunity to execute an assurance of voluntary compliance; to provide for procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof the following:
"ARTICLE 12
10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball

WEDNESDAY, MARCH 7, 2001

2223

game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. (b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission. (c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated. Reserved.
10-1-311. Any person violating Code Section 10-1-310 shall be guilty of a misdemeanor. Reserved."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses is amended by striking in its entirety Chapter 8A, relating to professional boxing, and inserting a new Chapter 4B between Chapter 4A and Chapter 5 to read as follows:
"CHAPTER 4B ARTICLE 1
43-4B-1. As used in this chapter, the term:
(1) 'Amateur' means a person who engages in a match, contest, or exhibition of boxing or wrestling which is governed or authorized by:
(A) U.S.A. Boxing; (B) U.S.A. Wrestling; (C) The Georgia High School Athletic Association; (D) The National Collegiate Athletic Association; (E) Amateur Athletic Union;

2224

JOURNAL OF THE HOUSE

(F) Golden Gloves; or (G) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (k) of Code Section 43-4B-4. (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing or wrestling skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means: (A) The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. (9) 'Indian tribe' means such term as defined in Section 4(a) of the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(e). (10) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or wrestling or to carry on a business as a ticket broker within such county or municipality. (11) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer or wrestler, undertakes to control or administer, directly or indirectly, a matter related to boxing or wrestling on behalf of a boxer or wrestler. Such term

WEDNESDAY, MARCH 7, 2001

2225

includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (12) 'Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing or wrestling between opponents or who proposes professional matches, contests, or exhibitions of boxing or wrestling and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (13) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (14) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (15) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing or wrestling which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and:
(A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing or wrestling; (B) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Professional match, contest, or exhibition of boxing or wrestling' means a boxing or wrestling match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer or a wrestler participating with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.
(17) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing or wrestling and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing or wrestling. (18) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are

2226

JOURNAL OF THE HOUSE

participating in a match, contest, or exhibition and includes the boxers or wrestlers share of any payment received for radio broadcasting, television, or motion picture rights. (19) 'Reservation' means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (20) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (21) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons. (22) 'Tribal organization' means such term as defined in Section 4(1) of the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(1).
(23)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling. (C) Unarmed combat shall not include: (i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or fullcontact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). (24) 'Wrestling' means a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts

WEDNESDAY, MARCH 7, 2001

2227

in order to win and for which the winner may have been selected before the performance commences. (25) 'Wrestling match, contest, or exhibition' means a performance of wrestling skills and techniques by two or more professional wrestlers in which the participating wrestlers are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences.
43-4B-2. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing or wrestling:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:
(A) U.S.A. Boxing; (B) U.S.A. Wrestling; (C) The Georgia High School Athletic Association; (D) The National Collegiate Athletic Association; (E) Amateur Athletic Union; (F) Golden Gloves; or (G) The local affiliate of any organization listed in this paragraph.
43-4B-3. (a) The State Boxing Commission in existence immediately prior to the effective date of this chapter, is continued in existence subject to the provisions of this chapter. On and after the effective date of this chapter, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d) The commissions medical advisory panel, appointed by the Governor, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel

2228

JOURNAL OF THE HOUSE

shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2.
43-4B-4. (a) The commission is the sole regulator of professional boxing and professional wrestling in Georgia and shall have authority to protect the physical safety and welfare of professional boxers and professional wrestlers and serve the public interest by closely supervising all professional boxing and professional wrestling in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing or wrestling promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing or wrestling held in this state. (d) The commission has the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing or wrestling. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter. (e) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. Such inspectors shall be present at all professional matches, contests, or exhibitions of boxing and may be present at all professional matches, contests, or exhibitions of wrestling. (f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers and wrestlers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing or amateur wrestling in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing or amateur wrestling in this state. To support amateur boxing and amateur wrestling in this state,

WEDNESDAY, MARCH 7, 2001

2229

the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i) The commission may contract with an Indian tribe to supervise, according to the regulations of the tribal organization, professional matches, contests, or exhibitions of boxing or wrestling held on reservations but only if the commission is otherwise authorized by this chapter to carry out the terms of the contract. (j) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxers photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (k) The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry. (l) The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition of boxing or wrestling and obtain answers to written or oral questions propounded to all persons associated with such professional event.
43-4B-5. The Secretary of State shall designate the secretary of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.
43-4B-6. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairpersons call at a place designated by the chairperson.
43-4B-7. The commission shall adopt rules and regulations governing professional boxing to establish the following:
(1) Procedures to evaluate the professional records and physicians certifications of each boxer participating in a professional match, contest, or exhibition of boxing and

2230

JOURNAL OF THE HOUSE

to deny authorization for a professional boxer to fight where appropriate; (2) Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-14, no professional boxer is permitted to box while under suspension from any state boxing commission because of:
(A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physicians denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
43-4B-8. The commission may adopt rules and regulations governing professional wrestling to establish the following:
(1) Procedures to evaluate the medical fitness of each professional wrestler and to ensure the general physical safety of each participant and fan in attendance at any professional match, contest, or exhibition of wrestling; (2) Procedures to deny authorization for any professional wrestler to participate in a professional match, contest, or exhibition of wrestling where appropriate; (3) Procedures to evaluate skills and techniques proposed for presentation by any participant during any professional match, contest, or exhibition of wrestling, including, but not limited to, the sequence of such skills and techniques; and (4) Any enforcement procedure consistent with this chapter.
43-4B-9. No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing or wrestling or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing or wrestling.
ARTICLE 2
43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition of boxing or wrestling within this state without first applying for and obtaining a promoters license from the commission. Licenses shall be issued annually and shall

WEDNESDAY, MARCH 7, 2001

2231

expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. (c) No person shall promote or hold a professional match, contest, or exhibition of boxing or wrestling within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing or wrestling in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing or wrestling for which such fees were paid is not held.
43-4B-11. (a) Prior to participating in a professional match, contest, or exhibition of wrestling, each referee, wrestler, manager, and each person who assists a wrestler immediately before, during, or after a match, contest, or exhibition or between falls during a match, contest, or exhibition shall apply for and be issued a license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and shall pay an annual license fee not to exceed $250.00. (b) The commission shall issue a license in accordance with this Code section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated in accordance with this chapter; and (3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.
43-4B-12. (a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers,

2232

JOURNAL OF THE HOUSE

managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. (b) The commission shall issue a license under this Code section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and (3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.
43-4B-13. In addition to the license required in Code Section 43-4B-12, each professional boxer who is a resident of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.
43-4B-14. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicants qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires.

WEDNESDAY, MARCH 7, 2001

2233

(b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer or professional wrestler licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to:
(A) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout; or (B) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission, its secretary, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commission may revoke a suspension of a boxer if: (1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the facts.

2234

JOURNAL OF THE HOUSE

43-4B-15. No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing without meeting the following requirements:
(1) Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition of boxing. The physician shall observe the physical condition of the boxers and advise the referee with regards thereto; (3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weighin and at the ring during the conduct of the professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers; (4) Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing; and (5) An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing.
43-4B-16. It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxers mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.
43-4B-17. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing or wrestling shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated.

WEDNESDAY, MARCH 7, 2001

2235

43-4B-18. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing or wrestling.
43-4B-19. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing or wrestling which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
ARTICLE 3
43-4B-25. (a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (b) Any advertisement, announcement, or poster for any contest or event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admission, and such advertisement shall be clearly and conspicuously stated.
43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $400.00, and renew the license annually; (3) Pay any local tax required by a local government;

2236

JOURNAL OF THE HOUSE

(4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
43-4B-27. No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored.
43-4B-28. (a) The ticket broker shall be required to:
(1) Post at its established place of business the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled.

WEDNESDAY, MARCH 7, 2001

2237

(5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are prohibited from reselling or offering for resale any ticket within 2,700 feet from the venue where an event or contest is to be held or is being held.
43-4B-29. (a) No provision of this article or any other provision of law shall prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 2,700 feet of a ticket office for such a contest or event or a public entrance to such a contest or event. (b) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this article when offering for sale any tickets of admission to the highest bidder in a raffle, auction, or similar fund-raising activity for the benefit of the organizations charitable purposes.
43-4B-30. With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article.
43-4B-31. Any person who violates this article is guilty of a misdemeanor of a high and aggravated nature.
43-4B-32. (a) In addition to the powers and duties set out in Code Section 43-4B-3, the commission is authorized to promulgate rules and regulations to accomplish the purposes of this article in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission shall enforce the provisions of this article. The enforcement powers of the commission set out in this Code section shall be in addition to the criminal penalty provided by Code Section 43-4B-31.

2238

JOURNAL OF THE HOUSE

(b) Whenever it may appear to the commission that any person is violating or has violated any provision of this article and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order prohibiting any violation of this article; (B) Issue an order against a person who violates this article, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the ticket brokers license; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article, a rule promulgated under this article, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action in violation of this article; or (E) Other relief as the court deems just or reasonable. (c) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (d) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article.
ARTICLE 4
43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote,

WEDNESDAY, MARCH 7, 2001

2239

or otherwise participate in a professional match, contest, or exhibition of boxing or wrestling in violation of Article 2 of this chapter.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-15 or Code Section 43-4B-16 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer or wrestler who knowingly violates any provision of this chapter except Code Section 43-4B-16 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-16 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 3. This Act shall become effective only upon the express and specific appropriation of funds by the General Assembly to carry out the purposes of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Powell of the 23rd, Hudson of the 156th and Westmoreland of the 104th move to amend the Committee substitute to HB 538 by striking lines 2 through 4 of page 2 and inserting in lieu thereof the following:
"exceptions; to provide for service charges in certain circumstances; to preserve certain contractual rights; to provide for requirements for ticket brokers; to prohibit convicted felons from".
By striking lines 1 through 4 of page 17 and inserting in lieu thereof the following:
"(b) Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30,

2240

JOURNAL OF THE HOUSE

a sponsor of such a contest or event may contractually restrict the resale of a ticket to such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction."
By striking lines 24 and 25 of page 18 and inserting in lieu thereof the following:
"(c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest".
By striking line 28 of page 18 and inserting in lieu thereof the following:
"(a) No provision of this article or any other provision of law shall criminally prohibit any person who".
By striking line 32 of page 18 and inserting in lieu thereof the following:
"tickets within 1,500 feet of a ticket office for such a contest or event or a public entrance".
By striking line 4 of page 19 and inserting in lieu thereof the following:
"(a) With regard to any single athletic contest or entertainment event which occurs no more".
By inserting between lines 11 and 12 of page 19 the following:
"(b) The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons."

On the adoption of the amendment, 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 E Bannister Y Barnard Y Barnes N Bell Y Birdsong E Black Y Boggs Y Bohannon Y 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 Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

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

Y Hugley Y Irvin Y Jackson, B N Jackson, L Y 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 Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall N McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

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

2241
Y Smith, C.W Smith, L
Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil
Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 139, nays 26. The amendment was adopted.

Representative Smyre of the 136th moved that the House reconsider its action in adopting the Powell amendment.

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

Y Allen N Amerson Y Anderson Y Ashe E Bannister

N Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L

Y Mueller N Orrock N Parham Y Parrish Y Parsons

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

2242
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 N Bulloch
Bunn Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene Y 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
Hudson, N

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

Y Pelote Y Pinholster Y Poag Y Porter N 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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

N Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley Y Stanley-Turner N 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 N Westmoreland Y Wiles Y Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the motion, the ayes were 127, nays 41. The motion prevailed.

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend the Powell amendment to the Committee substitute to HB 538 as follows:
By adding a new sentence at the end of line 15, page 1, to read as follows:
"Nothing herein shall be construed to prevent the sale of a ticket for its face value plus an amount not to exceed $5.00."

WEDNESDAY, MARCH 7, 2001 The Powell amendment, as amended, was adopted.

2243

The following amendment was read and adopted:

Representative Bordeaux of the 151st moves to amend the Committee substitute to HB 538 as follows:
On page 18, line 35, through page 19, line 1, delete the language "to the highest bidder".
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 E Bannister Y Barnard Y Barnes Y Bell N Birdsong E 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 N Childers

Y Cox Y Crawford N 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 E 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 N 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 Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

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 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 Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles

2244
Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

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 E Sims Y Sinkfield Y Skipper
Smith, B

Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs N Bohannon N Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner

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

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 Y Knox N Lane Y Lanier Y Lewis Y Lord Y Lucas

Y Mueller Y Orrock Y Parham Y Parrish
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 Y Richardson

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

Y Bulloch N Bunn Y 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, MARCH 7, 2001

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

N Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton N McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

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

2245
Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 119, nays 52. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

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; to make editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-5-81 of the Official Code of Georgia Annotated, relating to the advisory council to the Georgia Courts Automation Commission, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:

2246

JOURNAL OF THE HOUSE

"(a) There shall be an Advisory Council to the Georgia Courts Automation Commission, hereafter referred to in this article as the 'advisory council.' The advisory council shall consist of: the commissioner of administrative services or his the commissioners designee, the director of the Georgia Bureau of Investigation or his the directors designee, the commissioner of corrections or his the commissioners designee, the commissioner of public safety or his the commissioners designee, the chairman of the State Board of Pardons and Paroles or his the chairmans designee, the director of the Administrative Office of the Courts or his the directors designee, the director of the Criminal Justice Coordinating Council or his the directors designee, and the director of the Children and Youth Coordinating Council or his the directors designee, and the executive director of the Georgia Technology Authority or the executive directors designee."
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
Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E 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 Cox Y Crawford Y Cummings Y Davis
Day Y 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 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 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
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 Campbell Y Cash Y Channell
Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

Y Heckstall E 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 Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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

2247
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.

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.

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.

The following Committee substitute was read and adopted:

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

2248

JOURNAL OF THE HOUSE

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 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system an educational entity, as defined in Code Section 20-2-690, which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system of such educational entity. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system district during the time in which that student is subject to a disciplinary order of any other school system educational entity is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems educational entitys disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school educational entity was an offense for which suspension or expulsion could be imposed in the enrolling school district in which the student is enrolled or seeking to enroll. (c) A local school system district may request of another school system educational entity whether any disciplinary order has been imposed by the other system educational entity upon a student who is seeking to enroll or is enrolled in the requesting system school district. If such an order has been imposed and is still in effect for such student, the requested system educational entity shall so inform the requesting system school district and shall provide a certified copy of the order to the requesting system school district. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been received from other schools educational entities or from the juvenile courts or superior courts. Such information shall be kept confidential."
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.

WEDNESDAY, MARCH 7, 2001

2249

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 E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E 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

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 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 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
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 E Scott Y Seay Y Shanahan Y Shaw Y Sholar E 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 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

2250

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 505. By Representative Smith of the 91st:
A RESOLUTION commending Boy Scout Troop 91 on its 60th anniversary; and for other purposes.

HR 506. By Representative Hanner of the 159th:
A RESOLUTION honoring the life and work of Barbara Mentzer Mason and expressing regret at her passing; and for other purposes.

HR 507. By Representative Hanner of the 159th:
A RESOLUTION commending Richard M. "Mike" Gennings; and for other purposes.

HR 508. By Representatives Murphy of the 18th, McBee of the 88th, Connell of the 115th, Smyre of the 136th, Buck of the 135th and others:
A RESOLUTION commending Edna Jean Pressley; and for other purposes.

HR 509. By Representatives Ashe of the 46th and Coleman of the 80th:
A RESOLUTION commending the Southern Order of Storytelling and recognizing the third week of November, 2001, as Georgia Storytelling Week; and for other purposes.

HR 510. By Representatives Wiles of the 34th, Kaye of the 37th, Golick of the 30th, Manning of the 32nd, Cooper of the 31st and others:

WEDNESDAY, MARCH 7, 2001

2251

A RESOLUTION expressing regret at the passing of Judge Ross J. Adams; and for other purposes.

HR 511. By Representatives Purcell of the 147th and Barnard of the 154th:
A RESOLUTION commending Curtis Dustin "Dusty" Zeigler; and for other purposes.

HR 512. By Representatives Purcell of the 147th and Barnard of the 154th: A RESOLUTION commending Ms. Patricia Barbee; and for other purposes.

HR 513. By Representative Jackson of the 148th:
A RESOLUTION commending Kappa Alpha Psi Fraternity; and for other purposes.

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

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

Cox Y Crawford Y Cummings
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
Franklin Y Golick
Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell

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

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

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 Stancil Stanley Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Y Tillman Turnquest Twiggs Y Unterman Walker, L

2252
Y Callaway Campbell Cash Channell Childers Coan
Y Coleman, B Coleman, T Collins Connell Cooper

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the Resolutions, the ayes were 93, nays 0. The Resolutions were adopted.

Representatives Smith of the 91st 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 and Resolution of the House were taken up for consideration and read the third time:

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.

The report of the Committee, which was favorable to the 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 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

Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E 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 Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

WEDNESDAY, MARCH 7, 2001

Davis Y Day Y 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
Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall E 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
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee McCall McClinton McKinney Millar Y Mills Mobley Y Morris Y Mosley

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 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 E Sims
Sinkfield Y Skipper
Smith, B

2253
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 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 141, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Amerson of the 7th, Cooper of the 31st 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 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

2254

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the 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 Amerson
Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black
Boggs Y Bohannon
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
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

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 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
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar E 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 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 passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 7, 2001

2255

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 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.
The following Committee substitute was read and adopted:
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; to provide that such relief shall not be denied solely because of the prior occurrence of certain acts; to provide for additional testing; to provide for costs; to provide for relief; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures regarding new trials, is amended by adding after Code Section 5-5-41 a new Code section to read as follows:
"5-5-41.1. (a) In any action in which a male is required to pay child support as the father of a

2256

JOURNAL OF THE HOUSE

child, an extraordinary motion for a new trial may be made at any time upon the grounds set forth in this Code section, without a showing of due diligence, regarding the paternity of such child. Any such motion shall include:
(1) An affidavit executed by the movant that the newly discovered evidence has come to movants knowledge since the entry of judgment; and (2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is so required. (b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section if all of the following apply: (1) The court finds that the genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted; (2) The male ordered to pay child support has not adopted the child; and (3) The child was not conceived by artificial insemination while the male ordered to pay child support and the childs mother were in wedlock. (c) The court shall not deny relief on a motion filed in accordance with subsection (a) of this Code section solely because of the occurrence of any of the following acts if the male ordered to pay child support did not know at the time of the occurrence of the act that he was not the natural father of the child: (1) The male ordered to pay child support married the mother of the child; (2) The male ordered to pay child support acknowledged his paternity of the child in a sworn statement; (3) The male ordered to pay child support was named as the childs natural father on the childs birth certificate with the consent of the male ordered to pay child support; (4) The male ordered to pay child support was required to support the child because of a written voluntary promise or by a court order or an administrative support order; (5) The male ordered to pay child support signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; (6) The male ordered to pay child support was determined to be the childs natural father in an action brought pursuant to Article 3 of Chapter 7 of Title 19; or (7) The male ordered to pay child support acknowledged himself to be the childs natural father. (d)(1) In any action brought pursuant to this Code section, if the genetic test results submitted in accordance with paragraph (2) of subsection (a) of this Code section are solely provided by the male ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the childs mother, the child, and the male ordered to pay child support to submit to genetic tests. The clerk of the court shall schedule such genetic testing not later than 30 days after the court issues its order. (2) If the mother of the child or the male ordered to pay child support willfully fails to submit to genetic testing, or if either such party is the custodian of the child and

WEDNESDAY, MARCH 7, 2001

2257

willfully fails to submit the child for testing, the court shall issue an order determining the relief on the motion against the party so failing to submit to genetic testing. If a party shows good cause for failing to submit to genetic testing, such failure shall not be considered willful. (3) The party requesting genetic testing shall pay any fees charged for the tests. If the custodian of the child is represented by an administrative agency in its role as an agency providing enforcement of child support orders, such agency shall pay the cost of genetic testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (e) If relief on a motion filed in accordance with this Code section is not granted, the court shall assess the costs of the action and attorneys fees against the movant."
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
Ashe E 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 Y Buckner Y Bulloch Y Bunn

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 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 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
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

2258
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

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 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 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 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.

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.

The following Committee substitute was read and adopted:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, is amended by striking

WEDNESDAY, MARCH 7, 2001

2259

Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telecommunications services, and inserting in lieu thereof the following:
"46-5-2. (a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (3) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (4) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorneys fees. (5) Compensatory damages awarded by a court in a civil action under this Code section shall be computed as one of the following:
(A) At any time prior to the entering of a final judgment, the complaining party may elect to recover the actual damages suffered by the complaining party as a result of the violation of this Code section; (B) In any case where a violator commits more than one violation of this Code section, the complaining party, at any time before final judgment is entered, may elect to recover, in lieu of actual damages, an award of statutory damages for all violations involved in the action in a sum not less than $250.00 nor more than $10,000.00 per violation. The amount of statutory damages shall be determined by the court as the court considers just; (C) In any case where the court finds that any of the violations of this Code section were committed willfully and for the purposes of commercial advantage or financial

2260

JOURNAL OF THE HOUSE

gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $50,000.00; or (D) Nothing in paragraph (5) of this subsection shall prohibit the recovery of other types of damages otherwise authorized under paragraph (4) of this subsection."
SECTION 2. Said article is further amended by striking Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for concealing origin or destination of any telecommunication, and inserting in lieu thereof the following:
"46-5-3. (a) As used in this Code section the term:
(1) 'Telecommunication service' means any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone or telephone service or cable television service (CATV), including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic, or photooptical system. (2) 'Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including a cellular, paging, or other wireless communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (3) 'Unlawful telecommunication device' means any telecommunications device that is capable, or has been illegally altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identification number, personal identification number, or any telecommunication service without the consent of the telecommunication service provider or without the consent of the legally authorized user of the telecommunication device. The term includes telecommunications devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by a law enforcement agency or telecommunication service provider in the normal course of its activities. (b) It shall be unlawful for any person knowingly to: (1) Make or possess any unlawful telecommunication device designed, adapted, or used:
(A) For commission of a theft of telecommunication service in violation of Code Section 46-5-2 or to acquire or facilitate the acquisition of telecommunications

WEDNESDAY, MARCH 7, 2001

2261

service without the consent of the telecommunication service provider; or (B) To conceal, or to assist another to conceal, from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication; (2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication device, or plans or instructions for making or assembling the same, under circumstances evincing an intent to use or employ such unlawful telecommunication device; or to allow such unlawful telecommunication device to be used or employed for a purpose described in paragraph (1) of this subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device; or (3) Publish plans or instructions for making or assembling or using any unlawful telecommunication device. (c)(1) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than three nor more than ten years, or both. (2) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (3) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorneys fees. (4) Compensatory damages awarded by a court in a civil action under this Code section shall be computed as one of the following: (A) At any time prior to the entering of a final judgment, the complaining party may elect to recover the actual damages suffered by the complaining party as a result of the violation of this Code section; (B) In any case where a violator commits more than one violation of this Code section, the complaining party, at any time before final judgment is entered, may elect to recover, in lieu of actual damages, an award of statutory damages of not less than $250.00 nor more than $10,000.00 for each unlawful telecommunications device involved in the action. The amount of statutory damages shall be determined by the court as the court considers just; (C) In any case where the court finds that any of the violations of this Code section were committed willfully and for the purposes of commercial advantage or financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000.00 for each unlawful telecommunication device involved in the action; or

2262

JOURNAL OF THE HOUSE

(D) Nothing in paragraph (4) of this subsection shall prohibit the recovery of other types of damages otherwise authorized under paragraph (3) of this subsection."
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 E 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
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

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
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 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 Y Joyce
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 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
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 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
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

WEDNESDAY, MARCH 7, 2001

2263

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 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.

The following Committee substitute was read and adopted:

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; to provide that the court shall afford notice and an opportunity for a hearing to the prosecuting attorney; to provide that any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this Act shall be void; 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 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, is amended by adding a new subsection (f) at the end thereof to read as follows:
"(f) Within one year of the date upon which the sentence is imposed, the judge imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the judge in this Code section or as provided for in subsection (g) of Code Section 42-8-34."

2264

JOURNAL OF THE HOUSE

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

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

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

Y Allen Y Amerson Y Anderson Y Ashe E 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 Y Buckner Y Bulloch Y 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 Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
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 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 Hudson, S Y Hugley N Irvin N 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
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 N Sanders Y 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 Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling
Snow Y Squires N 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 153, nays 8.

WEDNESDAY, MARCH 7, 2001

2265

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

Due to a mechanical malfunction, the vote of Representative Heard of the 89th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following amendment was read and adopted:

Representative Scheid of the 17th moves to amend HB 648 by inserting "to require certain information to be in bold in advertisements of foreclosure;" after "conveyances;" on line 4 of page 1 and by inserting after "Section 44-14-162.2." on line 17 of page 1 the following:
"If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type.".

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

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

2266
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 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 Dix Y Dodson Y Drenner Y Dukes
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 E 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 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
Mosley

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

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.

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

WEDNESDAY, MARCH 7, 2001

2267

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 E Bannister Y Barnard Y Barnes Y Bell
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 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 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

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 Y McClinton Y McKinney Y Millar Y Mills Y Mobley
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 N 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 passage of the Bill, the ayes were 164, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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

2268

JOURNAL OF THE HOUSE
Act," so as to change the provision relating to eligibility for assistance for qualified aliens; 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 E Bannister
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 N 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
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 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 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 N Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin N 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
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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper N Smith, B

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 Y Stancil Y 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 N Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 157, nays 9. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 7, 2001

2269

Due to a mechanical malfunction, the votes of Representatives Davis of the 60th and Skipper of the 137th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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 E 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 Cox Y Crawford Y 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 Y Heard Y Heckstall

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 Y Manning Y Martin Y Massey

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 N 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 Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

2270
Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

E 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 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

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 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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 E Bannister N 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 Cox Y Crawford Y Cummings N Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin

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 N Keen N Knox Y Lane Y Lanier Y Lewis

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 N Reese Y Reichert

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

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

WEDNESDAY, MARCH 7, 2001

Y Golick Y Graves
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 Y Hudgens Y Hudson, N

Y Lord Lucas
Y Lunsford 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 Rice 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

2271
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 138, nays 28. The Bill, having received the requisite constitutional majority, was passed.

Representative Burmeister of the 114th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read and adopted:

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

2272

JOURNAL OF THE HOUSE

between political subdivisions; to specify when such transfers are effective; to authorize intergovernmental transfers; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, is amended by striking in its entirety Code Section 3666A-1, relating to definitions relative to such chapter, and inserting in lieu thereof the following:
"36-66A-1. As used in this chapter, the term:
(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section. (2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity. (3) 'Receiving area' means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area. (3)(4) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property. (5) 'Sending area' means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area. (4)(6) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that a municipality or county desires to protect from future development. (5)(7) 'Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties."
SECTION 2.

WEDNESDAY, MARCH 7, 2001

2273

Said chapter is further amended by striking in its entirety Code Section 36-66A-2, relating to procedures, methods, and standards for the transfer of development rights, and inserting in lieu thereof the following:
"36-66A-2. (a) Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property shall be subject to the notice and hearing requirements of Code Section 36-66-4. Any proposed transfer of development rights to the receiving property shall be subject to the notice, hearing, and signage requirements, if any, of the municipality having jurisdiction over the receiving property or, if no municipality has such jurisdiction, the county having jurisdiction over the receiving property as required by such local governing authority for rezoning.
(b)(1) Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property and shall be subject to a separate vote of approval or disapproval by the local governing authority. (2) Notwithstanding the provisions of paragraph (1) of this subsection, an ordinance enacted by the governing authority of a consolidated government may, but is not required to, provide that any proposed transfer of development rights shall be subject to a separate vote of approval or disapproval by the governing authority. (c) Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for: (1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner; (3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property; (4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property; (5) A system for monitoring the severance, ownership, assignment, and transfer of transferable development rights; (6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale; (7) The right of a person to purchase development rights and to hold them for conservation purposes or resale; (8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of

2274

JOURNAL OF THE HOUSE

conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto; and (9) A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties; and (9)(10) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter. (d)(1) Prior to the enactment of an ordinance as provided in subsection (c) of this Code section and prior to any action to approve or disapprove a proposed transfer required by paragraph (1) of subsection (b) of this Code section, the local governing authority shall provide for a hearing on the proposed ordinance or transfer. At least 15 but not more than 45 days prior to the date of the hearing, the local governing authority shall cause to be published in a newspaper of general circulation within the territorial boundaries of the political subdivision a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. Any proposed transfer of development rights requiring approval or disapproval of the local governing authority shall be subject to any signage requirements required by law for rezonings. (2) Prior to any changes in an area designated in an ordinance as a sending or receiving area, the local governing authority shall provide for notice and a hearing as provided in paragraph (1) of this subsection. (e) Proposed transfers of development rights shall become effective upon the recording of the conveyance with the appropriate deed-recording authorities and the filing of a certified copy of such recording with the local governing authority of each political subdivision in which a sending or receiving area is located in whole or in part. (f) Municipalities and counties which are jointly affected by development are authorized to enter in to intergovernmental agreements for the purpose of enacting interdependent ordinances providing for the transfer of development rights between or among such jurisdictions, provided that such agreements otherwise comply with applicable laws. Any ordinances enacted pursuant to this subsection may provide for additional notice and hearing and signage requirements applicable to properties within the sending and receiving areas in each participating political subdivision."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, MARCH 7, 2001
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

2275

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 E 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
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 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 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
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
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
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 164, nays 0.

2276

JOURNAL OF THE HOUSE

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

Representative Teague of the 58th 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 Pro Tem assumed the Chair.

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.

The report of the Committee, which was favorable to the 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 E 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
Ehrhart Y Epps Y Everett Y Floyd Y 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 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 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 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 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

WEDNESDAY, MARCH 7, 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
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 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

2277
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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character 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:

Y Allen Y Amerson Y Anderson Y Ashe E 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 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 N 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 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

2278
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 Franklin Y Golick Y Graves Y Greene
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
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 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 Y Smith, B

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 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Forster of the 3rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and withdrawn:

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 regulation of discovery and

WEDNESDAY, MARCH 7, 2001

2279

inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for definitions; to provide for applicability; to provide for disclosure of evidence by the court; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for lists of witnesses; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding a new Part 4.1 following Part 4 to read as follows:
"Part 4.1
15-11-43. (a) As used in this part, the term 'respondent' means any child, or his or her attorney, parent or guardian. (b) Upon timely written request of the respondent, the court shall issue an order or standing order directing the appropriate personnel having custody or control of the court case file to provide at a minimum the following information, if available, for proceedings involving a delinquent act as defined in Code Section 15-11-2:
(1) Copy of complaint; (2) Copy of petition; (3) Copy of police incident report and supplemental report; (4) List of witnesses, including any witness statements; and (5) Copy of any statement made by respondent. Nothing contained herein shall prohibit the court from ordering the disclosure of any additional information which the court deems necessary and appropriate for proper adjudication. The appropriate personnel having custody or control of the court case file shall promptly comply with this Code section but not later than 48 hours prior to the adjudicatory hearing. (c) If subsequent to compliance with paragraph (4) of subsection (b) of this Code section, relating to list of witnesses, the appropriate court personnel or prosecutor discovers additional witnesses subject to disclosure under this part, the information shall be promptly made available to the respondent. (d)(1) Upon a sufficient showing by the prosecutor that disclosure of the information would create a substantial threat of physical or economic harm to a witness or other person, or that the complaint relates to an ongoing investigation or prosecution involving adults, the judge shall order that the information not be provided, or that the disclosure be restricted, deferred or make such other appropriate order.

2280

JOURNAL OF THE HOUSE

(2) Any material or information furnished to the respondent pursuant to this part shall remain in the exclusive custody of the respondent and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide."
SECTION 2. This Act shall become effective on July 1, 2001, and shall apply to all cases in which a petition is filed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Stuckey of the 67th et al., was read:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for definitions; to provide for applicability; to provide for disclosure of evidence by the court; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for lists of witnesses; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding a new Part 4.1 following Part 4 to read as follows:
"Part 4.1
15-11-43. (a) As used in this part, the term 'respondent' means any child, or his or her attorney, parent or guardian. (b) Upon timely written request to the court by the respondent in a proceeding involving a delinquent act as defined in Code Section 15-11-2, the court shall issue an

WEDNESDAY, MARCH 7, 2001

2281

order, which may be addressed by the issuance of a standing order, directing the appropriate court personnel to produce to the respondent, with a copy to the state the following information, if available:
(1) Copy of the complaint; (2) Copy of the petition; (3) Copy of the police incident report and supplemental report, if any, regarding the alleged delinquent act; (4) A list of the names, addresses, and telephone numbers, to the extent known, of all witnesses and any statements of such witnesses; and (5) A copy of any statement made by the respondent. Nothing contained herein shall prohibit the court from ordering the disclosure of any additional information which the court deems necessary and appropriate for proper adjudication. (c) The appropriate court personnel shall promptly comply with an order under this Code section, but, except where later compliance is made necessary by the timing of the respondents request, in no event shall the court personnel comply later than 48 hours prior to the adjudicatory hearing. If the respondents request is made fewer than 48 hours before the adjudicatory hearing, then the appropriate court personnel shall produce the required information in a timely manner. If subsequent to the appropriate court personnels compliance with an order pursuant to this Code section, either the prosecutor or appropriate court personnel discovers the existence of an additional witness subject to production under this Code section, the name, address, and telephone number of the witness shall be promptly produced to the respondent. (d)(1) Upon a sufficient showing by the prosecutor that disclosure of the information would create a substantial threat of physical or economic harm to a witness or other person, or reasonably could hinder or harm any ongoing investigation or prosecution involving an adult, the court may make any order which justice requires to protect a party or person, including one or more of the following:
(A) That production not be made; (B) That the production may be had only on specified terms and conditions, including a designation of the time and place; and (C) That the scope of the production be limited to certain matters. (2) Any material or information furnished to the respondent pursuant to this part shall remain in the exclusive custody of the respondent and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide."
SECTION 2. This Act shall become effective on July 1, 2001, and shall apply to all cases in which a petition is filed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

2282

JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Wiles of the 34th moves to amend the Floor substitute to HB 642 as follows:
By adding on line 22 on page 1 after the word personnel the following:
"having custody or control of the court case file".

The Floor substitute, as amended, was adopted.

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

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

Y Allen Y Amerson Y Anderson Y Ashe E 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 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 Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall

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

WEDNESDAY, MARCH 7, 2001

E 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 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

2283
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 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

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 E 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 Cox Y Crawford
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 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 Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y 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 Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

2284
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
Connell Y Cooper

JOURNAL OF THE HOUSE

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

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 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
Sims Y Sinkfield Y Skipper Y Smith, B

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
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 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 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide that a mother who leaves a newborn child in the custody of an employee, agent, or staff

WEDNESDAY, MARCH 7, 2001

2285

member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because of such act; to provide for duties of medical facilities accepting a newborn child for inpatient admission and the Department of Human Resources; to provide for reimbursement for certain costs; to provide for civil and criminal immunity for medical facilities and their employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to be designated Chapter 10A to read as follows:
"CHAPTER 10A
19-10A-1. This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2001.'
19-10A-2. As used in this chapter, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources as a birthing center, but shall not mean physicians or dentists private offices. 19-10A-3. It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn.
19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, Code Section 165-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position; provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address.
19-10A-5. The Department of Human Resources shall investigate and report to the General Assembly as to children left with a medical facility pursuant to Code Section 19-10A-4,

2286

JOURNAL OF THE HOUSE

including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.
19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Resources for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Resources at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Resources shall take physical custody of the child within six hours. The Department of Human Resources upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-47.
19-10A-7. Medical facilities and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the child taken into custody."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis
Day Y 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 N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Barnes Y Bell
Birdsong E 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 N Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

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

Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen N 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 N McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Pinholster Y Poag Y Porter N Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

2287
Y Smyre Y Snelling Y Snow Y Squires N Stallings N 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 N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative West of the 101st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Callaway of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 791 was postponed.

The Speaker assumed the Chair.

2288

JOURNAL OF THE HOUSE

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:
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.

Representative Stokes of the 92nd moved that HB 453 be placed upon the table.

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

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

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

N Hudson, S Y Hugley
Irvin N Jackson, B Y Jackson, L Y 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 Y Lord
Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning N Martin Y Massey N McBee Y McCall N McClinton Y McKinney N Millar N Mills N Mobley N 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 Y Ray Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid N 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 N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil N Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague N Teper Y Tillman N Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

WEDNESDAY, MARCH 7, 2001

2289

On the motion, the ayes were 123, nays 42.
The motion prevailed.
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.
The following Committee substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to 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; to change certain provisions relating to required obedience to traffic-control devices and presumptions; to change certain provisions relating to powers of local authorities generally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-1, relating to required observance of Uniform Rules of the Road, and inserting in lieu thereof the following:
"40-6-1. (a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. (b) Unless a different maximum fine or greater minimum fine is specifically provided in this chapter for a particular violation, the maximum fine which may be imposed as

2290

JOURNAL OF THE HOUSE

punishment for a first offense of violating any lawful speed limit established by or pursuant to the provisions of Article 9 of this chapter by exceeding a maximum lawful speed limit:
(1) By five miles per hour or less shall be no dollars; (2) By more than five but not more than ten miles per hour shall not exceed $25.00; (3) By more than ten but not more than 14 miles per hour shall not exceed $100.00; (4) By more than 14 but less than 19 miles per hour shall not exceed $125.00; (5) By 19 or more but less than 24 miles per hour shall not exceed $150.00; or (6) By 24 or more but less than 34 miles per hour shall not exceed $500.00."
SECTION 2. Said title is further amended by striking Code Section 40-6-20, relating to required obedience to traffic-control devices and presumptions, and inserting in lieu thereof the following:
"40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company.

WEDNESDAY, MARCH 7, 2001

2291

(B) 'Recorded images' means images recorded by a traffic-control signal monitoring device:
(i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and
(ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal. (2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A uniform traffic citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted;

2292

JOURNAL OF THE HOUSE

(v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage.

WEDNESDAY, MARCH 7, 2001

2293

(5) If a person summoned by first-class mail fails to appear on the date of return set out in the summons and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal shall be by application. (7) There shall be no jury trial for violations under this subsection. (8) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (9) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 3. Said title is further amended in Code Section 40-6-371, relating to powers of local authorities generally, by inserting a new subsection (a.1) to read as follows:
"(a.1) No fine imposed by a local authority for violation of an ordinance or regulation for conduct which constitutes a violation of a provision of this chapter shall exceed any maximum fine specified by this chapter for such violation."
SECTION 4. Said title is further amended in Chapter 14, relating to use of radar speed detection devices, by designating Code Section 40-14-1 as Article 1, designating Code Sections 4014-2 through 40-14-17 as Article 2, and adding a new Article 3 to read as follows:
"ARTICLE 3
40-14-20. As used in this article, the term:
(1) 'Recorded images' has the meaning provided in subparagraph (f)(1)(B) of Code Section 40-6-20. (2) 'Traffic-control signal monitoring device' has the meaning provided in subparagraph (f)(1)(C) of Code Section 40-6-20.
40-14-21. (a) The law enforcement agency of any county or municipality shall not use traffic-

2294

JOURNAL OF THE HOUSE

control signal monitoring devices unless the chief law enforcement officer of such county or municipality desires the use of such devices and such use is approved by the governing authority of the county or municipality. The governing authority of the county or municipality shall conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (b) No county or municipal governing authority shall be authorized to use trafficcontrol signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c) If a county or municipality elects to use traffic-control signal monitoring devices, no portion of any fine collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of traffic citations issued or the revenue generated by such devices.
(d)(1) A traffic-control signal monitoring device shall not be used by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (2) Failure of a law enforcement agency to continue to meet the standards provided by this subsection shall cause such agency to be ineligible to use traffic-control signal monitoring devices.
40-14-22. Each county or municipal law enforcement agency using a traffic-control signal monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturers recommended procedure. Any such device not meeting the manufacturers minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal law enforcement agency until it has been serviced and calibrated at the expense of the law enforcement agency by a qualified technician.
40-14-23. Each county or municipality using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the county or municipality. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed.

WEDNESDAY, MARCH 7, 2001

2295

40-14-24. Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of fines and total amount of fines paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of fines paid; and (7) The quality of the adjudication process and its results."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Richardson of the 26th, Mills of the 21st and Wiles of the 34th move to amend the Committee substitute to HB 678 as follows:
By deleting on page 5, line 15 the entire line and renumber paragraphs accordingly.

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 E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black N Boggs Y Bohannon Y Bordeaux

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 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 Mueller N Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster N Poag
Porter Y Powell Y Purcell Y Ragas Y Randall

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

2296
N Borders Y Bridges
Brooks N Broome Y Brown Y Buck
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
Coleman, T Y Collins N Connell
Cooper

JOURNAL OF THE HOUSE

N Epps Y Everett N Floyd N Forster Y Franklin Y Golick N Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard Y Heckstall E Hembree N Henson Y Hines Y Holland N Holmes N Houston N Howard Y Hudgens Y Hudson, N

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

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

N Stanley-Turner N Stephens Y Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L 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 96, nays 66. The amendment was adopted.

The following amendment was read:

Representatives Kaye of the 37th and Day of the 153rd move to amend the Committee substitute to HB 678 by inserting after the period on line 13 of page 7 the following:
"A sign shall be erected also by such entity on the span wire or mast arm to which the traffic-control signal being monitored is attached.".

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 E Bannister N Barnard N Barnes

Cox N Crawford Y Cummings Y Davis Y Day
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 N Parsons N Pelote Y Pinholster

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

Y Bell Y Birdsong E Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges
Brooks N Broome Y Brown Y Buck
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 Y Coleman, T Y Collins N Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

Y Deloach, G Y Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick N Graves
Greene Y Hammontree N 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 Y Jordan Y Joyce Y Kaye Y Keen
Knox N Lane N Lanier Y Lewis
Lord Lucas Lunsford Y Maddox N Mangham E Mann N Manning N Martin Y Massey Y McBee McCall N McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley

N Poag N Porter N Powell Y Purcell Y Ragas Y 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
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar
Sims Sinkfield N Skipper Y Smith, B

2297
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 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 73, nays 86. The amendment was lost.

The following amendment was read and adopted:

Representative Massey of the 86th moves to amend the House Committee on Public Safety substitute to HB 678 by inserting at the beginning of line 33 on page 6 the following:
"The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50."

The Committee substitute, as amended, was adopted.

2298

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 E Bannister Y Barnard Y Barnes Y Bell N Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome N Brown
Buck Buckner Y Bulloch Y 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 Y Collins Y Connell N Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene N 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 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 N Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin Y Massey Y McBee N McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Pinholster Y Poag Y Porter N Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece 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 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 N 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 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 passage of the Bill, by substitute, as amended, the ayes were 143, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, MARCH 7, 2001

2299

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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
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 Y Connell Y Cooper

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

2300

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 164, 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.

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.

The report of the Committee, which was favorable to the 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 E 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
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway

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 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 Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin

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
Rogers Y Royal
Sailor Sanders

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

WEDNESDAY, MARCH 7, 2001

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

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

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

2301
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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Holland of the 157th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The report of the Committee, which was favorable to the 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 E 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
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 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

2302
E 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 Y Connell Y Cooper

JOURNAL OF THE HOUSE

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 E Hembree Y 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 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 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
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 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
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 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.

The following Committee substitute was read and adopted:

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

WEDNESDAY, MARCH 7, 2001

2303

counsel; 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 45-15-70 of the Official Code of Georgia Annotated, relating to counsel for public officials and agencies, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a certified court reporter as defined in Code Section 15-14-22 and which action or proceeding seeks relief against such court reporter in the administration of his or her duties, and when the state compensates or appropriates or allocates moneys to such court reporter which is used in the administration of his or her duties, when employed for a judge of a court of record in this state, and when no regular counsel is provided within a reasonable time for such court reporter by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such court reporter. (b)(c) Whenever the Governor designates counsel in any action specified in subsection (a) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the 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:

Y Allen Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Bell Y Birdsong E Black

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y 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 Y Snow Y Squires

2304
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 Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

By unanimous consent, HB 743 was postponed.

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 7, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 7, 2001, by adding the following:

WEDNESDAY, MARCH 7, 2001

2305

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 130 HR 145 HR 182 HR 185 HR 223 HR 342
HR 345 HR 388 HR 453 HR 454 HR 455 HR 458 HR 484

Joint Study Committee on Urban Road Building Guidelines; create Walter W. Harrison Highway; designate Earl T. Shinhoster Bridge; designate "Dennis Fulton Douglass Highway"; designate Joint Study Committee on Public School Size; create Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create Joint Study Committee on Historic Local Government Records; re-create Bobby Goldin Highway; designate Trisha Yearwood Parkway; designate Marvin O. Bowdoin Intersection; designate Joint Study Committee on Medical Care for Prison Inmates; create Billy Randall Parkway; designate Commission on Work Force Security and Enhancement in the New Georgia Economy; create

DEBATE CALENDAR

HB 140 HB 208
HB 411 HB 450 HB 456 HB 565 HB 674 HB 689 HB 691 HB 700 HB 724 HB 730 HB 731 HB 736
HB 738 HB 747 HB 780 HR 466

Engineers and land surveyors; continuing education; certain exemption Crimes and offenses; possession of certain firearms and body armor; penalties Probation services; certain agreements; amend provisions Augusta Judicial Circuit; add judge County boards of equalization; members; qualifications Insurance; autism-related mental disorders; provide coverage Health; breast-feeding in public places Authentic historical Georgia license plate; redefine Firearms; license to carry; prohibition; redefine "convicted" Legislative Services Committee; meetings; twice yearly County boards of education; inclusion in certain health plans Supplemental appropriations; Department of Labor Dangerous dog owners; liability insurance Private investigators and security guards; licensure; reciprocity agreements Minority business enterprise; redefine "minority" DUI; additional penalty; victim compensation; memorial marker Hotel-motel tax; counties and municipalities; amend provisions Airline industry; urge moratorium on major mergers

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

2306

JOURNAL OF THE HOUSE

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

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 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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell
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
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 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 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

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

WEDNESDAY, MARCH 7, 2001

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 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 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

2307
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.

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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Bell
Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

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 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 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 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

2308
Y Broome Y Brown Y Buck
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
Connell Y Cooper

JOURNAL OF THE HOUSE

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 Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Lanier Y Lewis
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 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 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
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.

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.

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.

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

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.

WEDNESDAY, MARCH 7, 2001

2309

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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"; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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:

2310

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; to provide for the membership, power, duties, mission, compensation, and expenses of the commission; to provide for related matters; and for other purposes.
WHEREAS, it is the expressed will of the General Assembly of the State of Georgia to address the serious problems facing the uninsured in our state, especially those for whom health coverage is denied due to preexisting health conditions; and
WHEREAS, such denial of coverage leads to an increase in the number of uninsured persons and in the hardship of persons seeking needed health care without reasonable ability to pay for such care; and
WHEREAS, such inability to pay for emergency medical services places a serious burden on medical facilities at a time when many such facilities are under increasing financial strain; and
WHEREAS, lack of availability of individual health insurance coverage has been identified as a leading contributor to the instability of the employer based health insurance market; and
WHEREAS, public funds for providing health care are limited and it is the expressed will of the General Assembly to promote private market means by which persons can take responsibility for their own health care whenever possible; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving affordable access to individual health plan coverage in Georgia; to make specific recommendations for improving access to risk-impaired individuals; to develop benchmarks for assessing progress toward such improved access; to consider whether state sponsored "safety net" or "reinsurance pooling" strategies can be implemented and the degree to which prior progress on the part of private insurance markets is required; and to consider what measures can be taken to ensure future viability and affordability in the individual health insurance markets in the State of Georgia.

WEDNESDAY, MARCH 7, 2001

2311

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market to be composed of 15 members, as follows: three members of the Senate appointed by the President of the Senate, three additional members appointed by the President of the Senate, three members of the House of Representatives appointed by the Speaker of the House of Representatives, three additional members appointed by the Speaker of the House of Representatives, the Commissioner of Insurance or his or her designee, the commissioner of the Department of Community Health or his or her designee, and the consumer insurance advocate or his or her designee. Any vacancy on the commission, including a vacancy caused by a legislative member ceasing to serve in the Senate or House of Representatives, shall be filled by appointment by the original appointing authority. The President of the Senate and the Speaker of the House of Representatives shall each designate one member to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons. Nonlegislative members appointed by the President of the Senate or Speaker of the House of Representatives shall include, but not be limited to: representatives of insurers issuing individual health plans in Georgia; representatives of professional associations of health insurance agents; representatives of business organizations such as the Georgia Chamber of Commerce and NFIB; consumer/citizens, including those who have had difficulty obtaining coverage for controllable medical conditions; and other concerned citizens or public officials willing to serve at the pleasure of those with appointment powers over this committee.
BE IT FURTHER RESOLVED that, in addition to normal legislative staff support services, the commission shall make use of staff support services provided by the Department of Insurance and the Department of Community Health.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and shall recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than ten days unless additional days are authorized. The public members of the commission who are not public employees shall receive from legislative funds a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee on the commission shall receive no compensation but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. The commission shall report on its progress in writing on or

2312

JOURNAL OF THE HOUSE

before December 31, 2001, to the 2002 session of the General Assembly and shall make recommendations to remedy the problems it identifies and studies in the delivery of affordable individual health insurance and the effect these problems have on the stability of the small group insurance market in the State of Georgia. The commission shall stand abolished on July 1, 2002.

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

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.

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

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.

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

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.

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

WEDNESDAY, MARCH 7, 2001

2313

HR 455. By Representatives Lucas of the 124th, Skipper of the 137th, Walker of the 141st and Murphy of the 18th:
A RESOLUTION creating the Joint Study Committee on Medical Care for Prison Inmates; and for other purposes.

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

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.

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

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Commission on Work Force Security and Enhancement in the New Georgia Economy; and for other purposes.
WHEREAS, Georgia's employers and employees are reliant upon each other for their mutual economic success; and
WHEREAS, the viability of the state's employment security system is dependent upon maintaining a solvent unemployment trust fund supported by fair employer contributions; and

2314

JOURNAL OF THE HOUSE

WHEREAS, the federal unemployment insurance system was instituted in 1935 as an income support program tailored to meet the needs of the work force and economy prevailing at that time; and
WHEREAS, Georgia's employment security system was established to assist job seekers in securing suitable employment and to assist employers in obtaining qualified workers to meet workplace needs; and
WHEREAS, the state's employment security system is intended to provide qualified citizens who lose their jobs through no fault of their own with access to limited, employer-funded assistance while they seek new employment or wait for reemployment and to lessen the impact of an economic downturn on the broader community; and
WHEREAS, the public policy of this state is and has been that economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state; that involuntary unemployment requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family and that the achievement of social security requires protection against this greatest hazard of our economic life by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment; and
WHEREAS, advances in technology and expansion of international trade have forged a new economy and changed the nature of work; and
WHEREAS, the composition of Georgia's work force has become more diverse since the institution of federal and state income support and security programs, with the inclusion of increased numbers of women, minorities, the disabled, and the elderly; and
WHEREAS, the composition of the work force has been further changed in recent years as a result of welfare reform, immigration, and other factors to include increasing numbers of new entrants who are low-skilled and low-wage workers and the State of Georgia has a continuing and abiding interest in strengthening the attachment of these individuals to the work force; and
WHEREAS, much debate has occurred concerning the role and effectiveness of federal and state income support and economic security programs in facilitating worker and employer adjustment to rapidly changing economic circumstances and the adequacy of the design of such programs; and
WHEREAS, any effort to restructure existing income support and economic security programs should include strategies for accommodating the changing needs of workers

WEDNESDAY, MARCH 7, 2001

2315

and employers in a changing economy; and
WHEREAS, any effort to restructure existing income support and economic security programs should include careful analysis and consideration of methods that enhance the administration of income support and economic security programs; and
WHEREAS, an opportunity should be provided for members of the General Assembly to study and consider these issues and options to address them, with the assistance and advice of employers, labor and other community stakeholders, with the aim of ensuring the continued prosperity of Georgia's economy and its work force; and
WHEREAS, such a study should include consideration of strategies for assisting workers and employers in adjusting to changing economic conditions and changes in the mix of employment opportunities; and
WHEREAS, such a study should also include consideration of the role of public-private partnerships in implementing worker education and job training and community assistance; and
WHEREAS, the foregoing changes necessitate new strategies for providing workplace education and training to assist workers in acquiring new skills.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Work Force Security and Enhancement in the New Georgia Economy to be composed of 17 members as follows: three members of the House of Representatives appointed by the Speaker thereof; three members of the Senate appointed by the President thereof; five members appointed by the Governor, to include representatives of the state Department of Technical and Adult Education, the University System of Georgia, and the public schools, and two additional members; five members appointed by the Commissioner of Labor from the business, labor, and general community; and the Commissioner of Labor who shall chair the commission. The commission shall meet at the call of the chair.
BE IT FURTHER RESOLVED that, in addition to normal legislative staff support services, the commission shall make use of staff support services provided by the Department of Labor.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems described in this resolution and issues related thereto and may recommend any actions or legislation which the commission deems appropriate. The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to fully and adequately exercise

2316

JOURNAL OF THE HOUSE

its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Departments and agencies of the state are authorized to furnish such assistance to the commission as the commission deems appropriate. Legislative members shall receive expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and their state employees, shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 2001. The commission shall stand abolished on December 31, 2001.

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

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

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

Y Allen Y Amerson Y Anderson Y Ashe E 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 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
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
Lord

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 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

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

WEDNESDAY, MARCH 7, 2001

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

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 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

2317
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 adoption of the Resolutions, the ayes were 164, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Teague of the 58th 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.

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

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

N Allen Y Amerson Y Anderson

Y Cox Y Crawford N Cummings

Y Hudson, S Y Hugley Y Irvin

Y Mueller Y Orrock
Parham

Y Smith, C N Smith, C.W Y Smith, L

2318
Y Ashe E Bannister N Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges
Brooks Y Broome N Brown N Buck
Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Davis Y Day
Dean 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 N Golick Y Graves Y Greene Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye N Keen N Knox N 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 N Mills Y Mobley Y Morris Y Mosley

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 N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders N Scheid Y Scott Y Seay
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

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 Y Teague N 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 N Williams Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 135, nays 28. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burmeister of the 114th and Callaway of the 81st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

WEDNESDAY, MARCH 7, 2001

2319

and appeal of ad valorem tax assessments, so as to change certain provisions regarding qualifications of members of county boards of equalization; 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 E 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 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 Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Davis
Y Day Dean 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
Hanner Y Harbin Y Harrell Y Heard Y 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 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 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 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 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
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.

2320

JOURNAL OF THE HOUSE

Representative Skipper of the 137th assumed the chair.
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.
The following Committee substitute was read and adopted:
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 40-6-391, 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, required findings, amounts of awards, rejection of claims, reductions, exemptions from garnishment and execution, exemption from treatment as ordinary income, effective date of awards, and psychological counseling for relatives of deceased victims; to provide for compensation in the form of a memorial sign for victims of homicide by vehicle caused by violations of Code Section 40-6-391; to provide legislative declarations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly declares that this Act is enacted pursuant to the provisions of Article III, Section VI, Paragraph VI(f) of the Constitution.
SECTION 2. Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, is amended by striking subsection (a) and

WEDNESDAY, MARCH 7, 2001

2321

inserting in lieu thereof the following: "(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayors, recorders, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $25.00 or 10 percent $26.00 or 11 percent of the original fine."
SECTION 3. Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended in subsection (a) of Code Section 17-15-7, relating to persons eligible for awards, by inserting a new paragraph (2.1) to read as follows:
"(2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391;"
SECTION 4. Said chapter is further amended in Code Section 17-15-8, relating to victim compensation awards, required findings, amounts of awards, rejection of claims, reductions, exemptions from garnishment and execution, exemption from treatment as ordinary income, effective date of awards, and psychological counseling for relatives of deceased victims, by adding a new subsection (k) to read as follows:
"(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 on any road which is part of the state highway system, upon request of the next of kin of the deceased an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant. (2) The provisions of paragraph (4) of subsection (a) of this Code section shall not apply for purposes of eligibility for awards made under this subsection, and the value of any award paid to a claimant under this subsection shall not apply toward or be subject to any limitation on award amounts paid to any claimant under other provisions of this Code section. (3) The Department of Transportation, upon receiving payment for the cost of materials and labor from the board, shall upon request of the next of kin of the deceased erect a sign memorializing the deceased on the right of way of such public highway at the location of the accident or as near thereto as safely and reasonably possible and shall maintain such sign for a period of five years from the date of such persons death unless its earlier removal is requested in writing by the next of kin. Such sign shall be 24 inches wide by 36 inches high and depict a map of the State of Georgia, with a dark blue background and a black outline of the state boundaries. A

2322

JOURNAL OF THE HOUSE

border of white stars shall be placed on the inside of the state boundaries, and the sign shall contain the words 'In Memory of (name), DUI Victim (date of accident).' (4) In the event of multiple such claims arising out of a single motor vehicle accident, the names of all deceased victims for whom such claims are made and for whom a request has been made by the next of kin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Allen Y Amerson Y Anderson Y Ashe E 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 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 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

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 Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
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 N 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 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 Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

N Millar Y Mills Y Mobley
Morris Y Mosley

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

2323
Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 411 by striking "services," and inserting in lieu thereof "services;" on line 4 of page 1.
By striking "2000" and inserting in lieu thereof "2001" on lines 29 and 33 of page 2.

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 Y Anderson Y Ashe E Bannister Y Barnard Y Barnes

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

E Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson

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

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

2324
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 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 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 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
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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 Y Sinkfield
Skipper Y Smith, B

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, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Day of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

WEDNESDAY, MARCH 7, 2001 The following Committee substitute was read and adopted:

2325

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that accident and sickness contracts, policies, and benefit plans that provide coverage for neurological disorders shall not deny such benefits based upon a diagnosis of autism; to provide definitions; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code Section 33-24-59.9 to read as follows:
"33-24-59.9. (a) As used in this Code section, the term:
(1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and communication skills. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder."
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:

2326
Y Allen Y Amerson Y Anderson Y Ashe E 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 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 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 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

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
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
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
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, 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, by substitute, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

WEDNESDAY, MARCH 7, 2001

2327

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.

The report of the Committee, which was favorable to the 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 E 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 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
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 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

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
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
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
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, 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
Williams Y Wix Y Yates
Murphy, Speaker

2328

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 163, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to authorize the inclusion of members of such boards in certain health insurance plans; to provide for employer and employee contributions; 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; 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 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or by contract with the Georgia School Boards Association, Inc., under in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty

WEDNESDAY, MARCH 7, 2001

2329

of the board to make the employer contributions required for the operation of such plan or plans. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents."
SECTION 2. Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees, is amended by striking subsection (c.1) in its entirety and inserting in lieu thereof a new subsection (c.1) to read as follows;
"(c.1)(1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under this article. The board is authorized to contract with the Georgia School Boards Association, Inc., on behalf of the various local boards of education of this state for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the Georgia School Boards Association, Inc., to collect from the various local boards of education of this state with which it has contracted under this subsection such payment as may be required under any health insurance plan for inclusion in the health insurance fund and to remit the same to the board. In addition, it shall be the duty of the Georgia School Boards Association, Inc., to maintain and remit to the board accurate records of member, spouse, dependent, and other information required by the board to administer this Code section Code Section 20-2-918.
(2) The various local boards of education of this state are authorized to contract with the Georgia School Boards Association, Inc., for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the various local boards of education of the state as provided in this Code section. In the event that any such contracts are entered into, it It shall be the duty of any local boards of education so contracting electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the Georgia School Boards Association, Inc., for payment to the board health insurance fund created under Code Section 20-2-918."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

2330

JOURNAL OF THE HOUSE

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

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

Y Allen Y Amerson Y Anderson Y Ashe E 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 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
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

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 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 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 Sholar Y Sims Y 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 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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 7, 2001

2331

Representative Callaway of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 161 was postponed.

The Speaker assumed the Chair.

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.

The report of the Committee, which was favorable to the 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 E 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
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 N Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell

E 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 Y Kaye Y Keen N Knox Y Lane N Lanier Y Lewis
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 Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor

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 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

2332
Y 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 Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Martin Y Massey Y 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 Y Sinkfield Y Skipper Y Smith, B

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

Representative Irvin of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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 N Barnard Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

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 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 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 Y Stanley-Turner

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 E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

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
Howard Y Hudgens Y Hudson, N

N Knox Y Lane N Lanier Y Lewis Y Lord
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 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
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

2333
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 Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 157, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

Representatives Rogers of the 20th and Hudson of the 156th move to amend HB 140 by inserting on line 3 of page 1 after the word "engineers" the words "and land surveyors".
By inserting on line 3 of page 2 after the word "education" the following:
"including the exemptions provided for in this subsection".

2334

JOURNAL OF THE HOUSE

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 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 E 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
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

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

WEDNESDAY, MARCH 7, 2001

2335

Representative Cox of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 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.

The report of the Committee, which was favorable to the 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
Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers E Coan Y Coleman, B

Y Cox Y Crawford Y Cummings
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 Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes

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 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 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 N 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 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 Y Wilkinson Y Willard

2336
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 Y 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 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Ray of the 128th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

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, a new eighth superior court judgeship for the Gwinnett Judicial Circuit, a new fourth superior court judgeship for the Rome Judicial Circuit, and a new nineteenth superior court judgeship for the Atlanta Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereto and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 7, 2001

2337

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraphs (3), (5), and (20) in their entirety and inserting in lieu thereof new paragraphs to read as follows:
"(3) Atlanta Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19" "(5) Augusta Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 8" "(20) Gwinnett Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 8"
PART II SECTION 2.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (33) of said Code section in its entirety and inserting in lieu thereof a new paragraph (33) to read as follows:
"(33) Rome Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4"
PART III SECTION 3.
The number of superior court judges of the Augusta Judicial Circuit is increased from seven to eight. The initial judge to fill the eighth judgeship shall be appointed by the Governor for a term beginning January 1, 2002, and ending December 31, 2002, and until a successor is elected and qualified. Thereafter, said eighth judge shall be elected in 2002 and quadrennially thereafter for a term of office of four years and until his or her successor is duly elected and qualified.
SECTION 4. The qualifications of such additional judge of the Augusta Judicial Circuit and his or her successors shall be the same as are now provided by law for all other superior court judges, and such judges compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Augusta Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 5. The eight judges of the superior courts of the Augusta Judicial Circuit in transacting the

2338

JOURNAL OF THE HOUSE

business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between or among said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The eight judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts and of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge, as defined in this section, shall control.
SECTION 6. The eight judges of superior court of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for said circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 7. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of the superior court judges provided by the Constitution and statutes of the State of Georgia.
PART IV SECTION 8.
The additional judge of the superior court of the Gwinnett Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2002, and expiring December 31, 2002, and until his or her successor is elected and qualified. At the general election to be held in 2002, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2003, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections

WEDNESDAY, MARCH 7, 2001

2339

shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 9. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the eight judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 10. The compensation, salary, and contingent expense allowance of said additional judge of the superior court of the Gwinnett Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 12. Upon and after qualifications of the additional judge of the superior court of the Gwinnett Judicial Circuit, the eight judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
SECTION 13. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.
SECTION 14. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any

2340

JOURNAL OF THE HOUSE

of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 15. The eight judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 16. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the eight judges of the superior court of the Gwinnett Judicial Circuit upon the recommendation of said judges.
PART V SECTION 17
A new judge of the superior courts is added to the Rome Judicial Circuit, increasing the number of judges to four.
SECTION 18. Such additional judge of the Rome Judicial Circuit shall be appointed by the Governor to take office within 30 days after the date this Act becomes law, for a term ending December 31, 2002, and until the election and qualification of a successor. Thereafter, such additional judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 19. Said additional judge of the Rome Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the four judges of the superior courts of said circuit may preside over any case therein and perform any official act as judge thereof.

WEDNESDAY, MARCH 7, 2001

2341

SECTION 20. The compensation, salary, and contingent expense allowance of said additional judge of the Rome Judicial Circuit shall be the same as that of the other judges of the Superior Court of the Rome Judicial Circuit.
SECTION 21. The four judges of the Rome Judicial Circuit, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the allocation of work and duties, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judges, the judge who was first admitted to the State Bar shall be considered the senior judge.
SECTION 22. The judge of the Rome Judicial Circuit who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge.
PART VI SECTION 23.
A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 19 the number of judges of said circuit.
SECTION 24. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning January 1, 2002, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 25. Said additional judge of the Atlanta Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of

2342

JOURNAL OF THE HOUSE

the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit.
SECTION 26. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
PART VII SECTION 27.
(a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, Section 1 of this Act shall become effective January 1, 2002, and Section 2 of this Act shall become effective 30 days after this Act becomes a law.
SECTION 28. All laws and 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 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
Floyd

E 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 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 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
Stanley-Turner Y Stephens Y Stokes

Y Broome Y 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 E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 7, 2001

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 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 Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
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

2343
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
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.

Representative Callaway of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 780. By Representatives Buckner of the 95th, Dodson of the 94th, Seay of the 93rd, Jordan of the 96th and Barnes of the 97th:
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.

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

2344

JOURNAL OF THE HOUSE

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

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

E 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 N Lane N Lanier N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning N Martin N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills
Mobley Y Morris Y Mosley

Y 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 N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

N Smith, C N Smith, C.W N 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
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson
West N Westmoreland N Wiles N Wilkinson N Willard Y Williams N Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 104, nays 59. The Bill, having received the requisite constitutional majority, was passed.

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:
A RESOLUTION urging a moratorium on major airline industry mergers; and for other purposes.

WEDNESDAY, MARCH 7, 2001

2345

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 E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch Y Bunn Y Burkhalter N 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

Cox Y Crawford Y Cummings N Davis N 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
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

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
Joyce N Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham E Mann Y Manning Y Martin Y Massey McBee Y 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 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 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
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 adoption of the Resolution, the ayes were 150, nays 13. The Resolution, having received the requisite constitutional majority, was adopted.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

2346

JOURNAL 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.
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

WEDNESDAY, MARCH 7, 2001

2347

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:
"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

2348

JOURNAL OF THE HOUSE

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 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;

WEDNESDAY, MARCH 7, 2001

2349

(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; (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 amendment was read:

2350

JOURNAL OF THE HOUSE

Representatives Bannister of the 77th, Snow of the 2nd, Coleman of the 142nd and Jenkins of the 110th move to amend the Committee substitute to HB 208 by striking on page 4 lines 32 through 35 and inserting the following:
"(b)(1) Any person who violates paragraph (1) of 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 ten years, such sentence to run consecutively to any other sentence which the person has received. (2) Any person who violates paragraph (2) of 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."

On the adoption of the amendment, 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
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 Y Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y 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 Y Henson Y Hines Y Holland Y Holmes

E Hudson, S Y Hugley Y Irvin
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 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 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 N 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
Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 7, 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

2351
Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 161, nays 1. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

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

Y 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 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
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

E 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 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 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 N 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 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 N Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

2352
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 passage of the Bill, by substitute, as amended, the ayes were 162, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 "aye" thereon.

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.

The following amendment was read and adopted:

Representatives Jennings of the 63rd, Davis of the 60th, Millar of the 59th and Henson of the 65th move to amend HR 454 by adding on line 1 of page 1, immediately preceding the semicolon, the following:
"; designating the Jim Tysinger Interchange; designating the Betty Jo Williams Interchange"
By adding between lines 2 and 3 on page 1 the following:
"PART I".
By adding below line 7 on page 2 the following:
"PART II
WHEREAS, Honorable Jim Tysinger served for 30 years as a distinguished member of the Georgia Senate; and

WEDNESDAY, MARCH 7, 2001

2353

WHEREAS, this native son of Greensboro, North Carolina, earned a bachelor's degree in electrical engineering and a master's degree in industrial management from Georgia Tech; and
WHEREAS, he served his country with honor and distinction as a member of the United States army during World War II, saw active duty at Guadalcanal, New Guinea, Leyte, and Luzon, and was honorably retired with the rank of lieutenant colonel; and
WHEREAS, Mr. Tysinger is a registered engineer who is retired from Westinghouse Electric Corporation; and
WHEREAS, he served on the Appropriations, Higher Education, and Insurance and Labor committees, and chaired the Science, Technology and Industry Committee, the first republican to chair a committee in the Senate; and
WHEREAS, he is former chairperson of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee and served on the Metropolitan Atlanta Rapid Transit Overview Committee and on the board of ethics of MARTA; and
WHEREAS, his expertise in science and technology matters led to his appointment to the Georgia Council on Energy Resources; the Science, Energy and Environmental Resources and the Energy committees of the National Conference of State Legislatures; the Energy Committee of the Southern Legislative Conference; the Governor's Advisory Council on Science and Technology; and the Georgia Tech Research Institute; and
WHEREAS, he is the founder and still moderator of the Jim Tysinger DeKalb Breakfast Club, the longest continuing forum for political affairs in Metro Atlanta; and
WHEREAS, he and his lovely wife, Loretta, have five children and five grandchildren; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to the civic, religious, and charitable concerns of his community, as evidenced by his active involvement in the North DeKalb Kiwanis Club, the Atlanta Union Mission, the Erskine College Board of Trustees, as well as the Doraville Presbyterian Church where he has served as an elder and taught Sunday school for over 20 years; and
WHEREAS, his knowledge of science, legislative experience, and keen understanding of governmental problems made him one of the most influential members of the General Assembly; and

2354

JOURNAL OF THE HOUSE

WHEREAS, he has given much time and energy in helping others, and his love for the people of his community is second only to his love and dedication to his family. It is only fitting and proper that Mr. Tysinger be recognized by having a landmark bridge and intersection in DeKalb County named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Ashford Dunwoody Road and Interstate 285 and the bridge over the interstate at such location are designated the Jim Tysinger Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such interchange.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Jim Tysinger and the Department of Transportation.
PART III
WHEREAS, Honorable Betty Jo Williams served for 20 years as a distinguished member of the Georgia House of Representatives; and
WHEREAS, she authored legislation which exempted DeKalb residents 70 years of age or older from school property taxes and was instrumental in having the "Taxpayer's Right to Know" legislation (referred to as the Betty Jo Williams bill) passed, which mandates that the DeKalb County Board of Commissioners publish the tax digest when the tax digest increases and the millage rate is not reduced; and
WHEREAS, she secured funding to build Rehoboth School Park and to build a home for outstanding young adults with special needs; and
WHEREAS, Ms. Williams was the original author of legislation to give equal opportunities for female athletes in Georgia which led to passage of the "Equity in Sports Act"; and
WHEREAS, she served on the Appropriations, Rules, Industry, Insurance, and State Institutions and Property committees, and chaired a standing subcommittee of the Industry Committee, the first Republican to chair a standing subcommittee of a House committee; and
WHEREAS, Ms. Williams served on the Tourism and Economic Development Committee of the National Conference of State Legislatures and was appointed by President Reagan to serve as chair of the Southeastern Advisory Committee to the National Park System; and

WEDNESDAY, MARCH 7, 2001

2355

Whereas, she is the only Republican woman ever elected from DeKalb County and she was honored for her legislative accomplishments by the Medical Association of Georgia, Georgia Council on Aging, National Rifle Association, DeKalb Art Council, and DeKalb Historical Society; and
WHEREAS, her legislative experience and keen understanding of governmental problems made her one of the most influential members of the General Assembly; and
WHEREAS, she has given much time and energy in helping the citizens of DeKalb County and it is only fitting and proper that Ms. Williams be recognized by having a landmark bridge and intersection in DeKalb County named in her honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of La Vista Road and Interstate 285 and the bridge over the interstate at such location are designated the Betty Jo Williams Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such interchange.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Betty Jo Williams and the Department of Transportation."

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 Y Barnes Y Bell Y Birdsong E Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

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

E Hudson, S Y Hugley Y Irvin
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

Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Randall Ray Y Reece Y Reed

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

2356
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 Forster 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 Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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 Stuckey Y Taylor Y Teague
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 adoption of the Resolution, as amended, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

By unanimous consent, HB 738 was postponed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health & Ecology and referred to the Committee on Human Relations & Aging:

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

WEDNESDAY, MARCH 7, 2001

2357

and change the exceptions to such prohibitions; to repeal conflicting laws; and for other purposes.

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

HR 517. By Representative Channell of the 111th:
A RESOLUTION commending the Gatewood School Lady Gators Basketball Team and inviting them to appear before the House of Representatives; and for other purposes.

HR 518. By Representative Channell of the 111th:
A RESOLUTION commending the Gatewood School Gators Basketball Team and inviting them to appear before the House of Representatives; 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:

SB 271. By Senators Kemp of the 3rd, Haines of the 46th and Ray of the 48th:
A bill to be entitled an Act to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for notice to the Attorney General of any challenge to the constitutionality of any statute of this state; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 279. By Senator Williams of the 6th:
A bill to be entitled an Act to amend Code Section 40-6-76 of the Official

2358

JOURNAL OF THE HOUSE

Code of Georgia Annotated, relating to funeral processions, so as to redefine the term "funeral procession"; to repeal conflicting laws; and for other purposes.
SB 292. By Senators Marable of the 52nd, Bowen of the 13th, Meyer von Bremen of the 12th, Jackson of the 50th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement age under the Employees Retirement System of Georgia, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of the Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 274. By Senators Lee of the 29th, Meyer von Bremen of the 12th, Jackson of the 50th, Hill of the 4th, Golden of the 8th and others:
A bill to be entitled an Act 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 shall pay the first salary payment on the last day of the month in which service is rendered; to repeal conflicting laws; and for other purposes.
SB 293. By Senators Marable of the 52nd, Bowen of the 13th, Meyer von Bremen of the 12th, Jackson of the 50th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers Annuity and Benefit Fund, payment to surviving spouse, requirements, the effect of reemployment, the effect of changes in retirement benefits, and payment on the death of member, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; to provide for conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 246. By Senators Marable of the 52nd, Hill of the 4th, Gingrey of the 37th and Dean of the 31st:

WEDNESDAY, MARCH 7, 2001

2359

A bill to be entitled an Act 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 an instructional videotape featuring recommended methods and practices for parents or guardians teaching motor vehicle driving skills to new drivers; to provide for the periodic broadcast of such videotape by educational television; to provide for a manual; to provide for distribution of such videotape and manual; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 252. By Senators Thomas of the 10th, Butler of the 55th, Walker of the 22nd, Gillis of the 20th, Stokes of the 43rd and others:
A resolution creating the Joint Study Committee on Physical Activity in Georgia Schools; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 213. By Senator Hill of the 4th:
A bill to be entitled an Act to amend Code Section 15-7-21 of the O.C.G.A., relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the O.C.G.A., relating to nonpartisan primaries and elections for members of boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the O.C.G.A., relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 276. By Senators Meyer von Bremen of the 12th, Hecht of the 34th and Lee of the 29th:
A bill to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to change the procedures relating to the appointment of a substitute for a district attorney or solicitor-general who is disqualified from engaging in a prosecution; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2360

JOURNAL OF THE HOUSE

SB 291. By Senators Meyer von Bremen of the 12th, Jackson of the 50th, Smith of the 25th and Hecht of the 34th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change procedures and penalties in disciplinary hearings when a student has allegedly committed an act of physical violence against a teacher or other school official or employee; to provide a definition; to change the penalty; to provide for written complaints and disciplinary hearings by the local board of education; to provide for notice and other rights of the parties; to provide for record of the hearing; to provide for a decision of the local board; to provide for appeal; to provide for decision of the state board; to change other provisions to conform to this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 8, 2001

2361

Representative Hall, Atlanta, Georgia Thursday, March 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.

The roll was called and the following Representatives 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 E Burkhalter Burmeister Byrd Callaway Campbell Cash Channell Childers Coan Coleman, B Coleman, T Collins Connell

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

Hudson, S Hugley Irvin Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lewis Lord Lucas Lunsford Maddox Mangham E 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 Reed Reese Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Sinkfield Smith, B

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

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

2362

JOURNAL OF THE HOUSE

Representatives Golick of the 30th, Harbin of the 113th, Jenkins of the 110th, Lanier of the 145th and Stanley of the 49th.
They wish to be recorded as present.

Prayer was offered by the Reverend Milton L. Wood, Pastor, First Baptist Church, Social Circle, 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:

THURSDAY, MARCH 8, 2001

2363

HB 875. By Representative Snow of the 2nd:
A BILL to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide a procedure for the withdrawal of one or more governing bodies from a joint development authority in certain circumstances; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 876. By Representatives Snow of the 2nd and Forster of the 3rd:
A BILL to amend an Act providing a new charter for the City of Fort Oglethorpe, so as to abolish the office of city manager; to provide that the office of mayor shall be a full-time position; to provide for the powers and duties of the mayor; and for other purposes.

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

HB 877. By Representatives Parsons of the 40th, Franklin of the 39th, Hines of the 38th, Wix of the 33rd, Manning of the 32nd and others:
A BILL to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of the judges of the Juvenile Court of Cobb County; and for other purposes.

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

HB 878. By Representatives Yates of the 106th and Jamieson of the 22nd:
A BILL to provide remedies for the imposition of excessive regulatory fees by a county or municipal government; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for complaints to the Department of Community Affairs and for civil actions; to provide for jurisdiction and remedies; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs; and for other purposes.

2364

JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs.
HB 879. By Representatives Royal of the 164th, Sholar of the 179th, Bulloch of the 180th, Houston of the 166th and Scott of the 165th: A BILL to create the South Georgia Governmental Services Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 880. By Representatives Snow of the 2nd and Joyce of the 1st: A BILL to provide for the filling of vacancies in the office of sheriff of Walker County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 881. By Representatives Richardson of the 26th and Murphy of the 18th: A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to provide for residency requirements; to change the compensation of the chairperson and members of the commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 882. By Representative Skipper of the 137th: A BILL to amend an Act creating the Sumter County Livestock Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.

THURSDAY, MARCH 8, 2001

2365

Referred to the Committee on State Planning & Community Affairs - Local.
HB 883. By Representative Powell of the 23rd: A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the Viatical Settlements Act; and for other purposes.
Referred to the Committee on Insurance.
HB 884. By Representative Houston of the 166th: A BILL to establish the Adel/Cook County Tourism Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 514. By Representatives Parrish of the 144th, Jamieson of the 22nd, Channell of the 111th, Burkhalter of the 41st and Stephens of the 150th: A RESOLUTION creating the House Tourism Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 515. By Representatives Drenner of the 66th, Ashe of the 46th, Watson of the 70th, Stuckey of the 67th, Randall of the 127th and others: A RESOLUTION creating the House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; and for other purposes.
Referred to the Committee on Rules.

2366

JOURNAL OF THE HOUSE

HR 516. By Representatives Holland of the 157th, Hudson of the 156th and Royal of the 164th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to condition the effectiveness of any general Act upon the approval by the electors of the state voting in a referendum; 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 853 HB 854 HB 855 HB 856 HB 857 HB 858 HB 859 HB 860 HB 861 HB 872 HB 873 HB 874 HR 500 HR 502 SB 11 SB 25 SB 70 SB 93 SB 98 SB 112 SB 127

SB 129 SB 160 SB 162 SB 168 SB 176 SB 204 SB 205 SB 221 SB 226 SB 234 SB 238 SB 239 SB 253 SB 254 SB 269 SB 270 SB 278 SB 284 SB 297 SR 118

Representative Smith of the 12th District, Chairman of the Committee on Industrial Relations, submitted the following report:

THURSDAY, MARCH 8, 2001

2367

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 14 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 53 Do Pass SB 72 Do Pass SB 177 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 369 Do Pass

2368

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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 469 HB 830 HB 831 HB 832 HB 834 HB 835 HB 838 HB 840 HB 845 HB 846 HB 847 HB 849

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 850 HB 862 HB 863 HB 865 HB 866 HB 867 HB 868 HB 869 HB 870 HB 871 SB 222 SB 248

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute 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, MARCH 8, 2001

Mr. Speaker and Members of the House:

THURSDAY, MARCH 8, 2001

2369

The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:

SB 24 SB 108 SR 178

Electronic Signatures and Records; permitted uses; legal effect Real Estate Transactions; disclosure of certain information Coverdell, Honorable Paul; placement of portrait in State Capitol

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:

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.

The following Committee substitute was read and adopted:

A BILL
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 appointment and election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to

2370

JOURNAL OF THE HOUSE

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is amended by striking Section 2A and inserting in its place a new Section 2A to read as follows:
"SECTION 2A. There shall be an additional judge of the State Court of Chatham County. Such additional judge shall be elected in the manner provided by law for the election of judges of the state courts of this state at the general election in November, 2002, for a term of four years and until his or her successor shall have been elected and qualified; provided, however, that the initial additional judge of the State Court of Chatham County shall be appointed by the Governor for a term commencing on January 1, 2002, and expiring December 31, 2002, and upon the election and qualification of a successor. The two judges of the State Court of Chatham County in office on the effective date of this Act shall continue to serve the remainder of the terms of office to which they were elected and until their successors are elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Chatham County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the State Court of Chatham County. Upon request of the additional judge, the governing authority of Chatham County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such."
SECTION 2. This Act shall become effective on January 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 8, 2001

2371

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 122, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 830. By Representative Amerson of the 7th:
A BILL to create the City of Dahlonega Water and Sewerage Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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.

2372

JOURNAL OF THE HOUSE

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

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.

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

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.

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

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.

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

THURSDAY, MARCH 8, 2001

2373

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.

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

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.

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

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.

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

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.

2374

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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 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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 850. By Representative Stephens of the 150th:
A BILL to amend an Act creating a charter for the City of Bloomingdale, so

THURSDAY, MARCH 8, 2001

2375

as to change the provisions relating to the time of municipal elections, the taking of office, the qualification of candidates, and the terms of office of the mayor and councilmembers; and for other purposes.

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

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.

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

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.

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

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.

2376

JOURNAL OF THE HOUSE

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

THURSDAY, MARCH 8, 2001

2377

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.

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

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.

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

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.

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

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

2378

JOURNAL OF THE HOUSE
$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.

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 Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox 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 Y Floyd Y Forster E 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

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 Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
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 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
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 West Y Westmoreland Y Wiles Y Wilkinson Y Willard

Y Coleman, T Y Collins Y Connell
Cooper

THURSDAY, MARCH 8, 2001

Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mills Y Mobley Y Morris Y Mosley

Sims Sinkfield Y Skipper Y Smith, B

2379
Williams Y Wix Y Yates
Murphy, Speaker

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

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

SB 213. By Senator Hill of the 4th:
A bill to be entitled an Act to amend Code Section 15-7-21 of the O.C.G.A., relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the O.C.G.A., relating to nonpartisan primaries and elections for members of boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the O.C.G.A., relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 246. By Senators Marable of the 52nd, Hill of the 4th, Gingrey of the 37th and Dean of the 31st:
A bill to be entitled an Act 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 an instructional videotape featuring recommended methods and practices for parents or guardians teaching motor vehicle driving skills to new drivers; to provide for the periodic broadcast of such videotape by educational television; to provide for a manual; to provide for distribution of such videotape and manual; to repeal conflicting laws; and for other purposes.

2380

JOURNAL OF THE HOUSE

Referred to the Committee on Education.
SB 271. By Senators Kemp of the 3rd, Haines of the 46th and Ray of the 48th:
A bill to be entitled an Act to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for notice to the Attorney General of any challenge to the constitutionality of any statute of this state; to provide for legislative findings; 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 274. By Senators Lee of the 29th, Meyer von Bremen of the 12th, Jackson of the 50th, Hill of the 4th, Golden of the 8th and others:
A bill to be entitled an Act 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 shall pay the first salary payment on the last day of the month in which service is rendered; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 276. By Senators Meyer von Bremen of the 12th, Hecht of the 34th and Lee of the 29th:
A bill to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to change the procedures relating to the appointment of a substitute for a district attorney or solicitor-general who is disqualified from engaging in a prosecution; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, MARCH 8, 2001

2381

SB 279. By Senator Williams of the 6th:
A bill to be entitled an Act to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to redefine the term "funeral procession"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 291. By Senators Meyer von Bremen of the 12th, Jackson of the 50th, Smith of the 25th and Hecht of the 34th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change procedures and penalties in disciplinary hearings when a student has allegedly committed an act of physical violence against a teacher or other school official or employee; to provide a definition; to change the penalty; to provide for written complaints and disciplinary hearings by the local board of education; to provide for notice and other rights of the parties; to provide for record of the hearing; to provide for a decision of the local board; to provide for appeal; to provide for decision of the state board; to change other provisions to conform to this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 292. By Senators Marable of the 52nd, Bowen of the 13th, Meyer von Bremen of the 12th, Jackson of the 50th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement age under the Employees Retirement System of Georgia, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of the Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; to provide conditions for an

2382

JOURNAL OF THE HOUSE
effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 293. By Senators Marable of the 52nd, Bowen of the 13th, Meyer von Bremen of the 12th, Jackson of the 50th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers Annuity and Benefit Fund, payment to surviving spouse, requirements, the effect of reemployment, the effect of changes in retirement benefits, and payment on the death of member, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; to provide for conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SR 252. By Senators Thomas of the 10th, Butler of the 55th, Walker of the 22nd, Gillis of the 20th, Stokes of the 43rd and others:
A resolution creating the Joint Study Committee on Physical Activity in Georgia Schools; and for other purposes.

Referred to the Committee on Rules.

Representative Tillman of the 173rd arose to a point of personal privilege and addressed the House.

The Speaker Pro Tem assumed the Chair.

THURSDAY, MARCH 8, 2001

2383

Representative Walker of the 141st 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 519. By Representative Jenkins of the 110th:
A RESOLUTION commending the Culloden Highland Games and Scottish Festival and inviting officials of the City of Culloden and members of the Culloden Highland Games and Scottish Festival Committee to the House of Representatives; and for other purposes.

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

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.

The Speaker assumed the Chair.

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

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

2384

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for legislative findings and intent; to expressly permit the 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, is amended in Code Section 10-12-2, relating to construction, by designating the existing provisions thereof as subsection (a) and adding a new subsection (b) to read as follows:
"(b) The General Assembly finds that this chapter is consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C.S. Sections 7001, et seq., and 47 U.S.C.S. Section 231) as contemplated in Section 7002 (a)(2)(A) thereof and therefore continues to have the full force of law. The General Assembly further reaffirms its intent that this chapter continue to have the full force of law."
SECTION 2. Said chapter is further amended in Code Section 10-12-4, relating to legal effect of electronic signatures and records, contest based on fraud, authentication or identification, limitations, and notarization, by adding a new subsection (k) to read as follows:
"(k) Even when a statute, regulation, or other rule of law specifies a particular type of record other than an electronic record or a particular type of signature other than an electronic signature, this chapter shall control to permit the use of electronic records and electronic signatures in the circumstances otherwise governed by such statute, regulation, or other rule of law, unless such statute, regulation, or other rule of law expressly refers to and limits the application of this chapter."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 8, 2001

2385

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
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
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
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
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 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

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
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 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
Unterman 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2386

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.

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.

The report of the Committee, which was favorable to the 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 Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter

Y Cox Y Crawford Y 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 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

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 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 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, MARCH 8, 2001

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 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 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

2387
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 167, 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.

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.

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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y 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 Y Snow Y Squires

2388
Y Boggs Y Bohannon Y 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 Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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 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 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 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 adoption of the Resolution, the ayes were 174, 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 following Resolutions of the House were read:

HR 520. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Westmoreland of the 104th and others:
A RESOLUTION commending Carissa Pfeiffer; and for other purposes.

HR 521. By Representative Channell of the 111th: A RESOLUTION commeding Targie Parks; and for other purposes.

THURSDAY, MARCH 8, 2001

2389

HR 522. By Representative Channell of the 111th: A RESOLUTION commending Trey Rhodes; and for other purposes.
HR 523. By Representative Channell of the 111th: A RESOLUTION commending Brenda Woods; and for other purposes.
HR 524. By Representative Channell of the 111th: A RESOLUTION commending Steven Thornton; and for other purposes.
HR 525. By Representative Channell of the 111th: A RESOLUTION commending Bob Stewart; and for other purposes.
HR 526. By Representative Channell of the 111th: A RESOLUTION commending Joe Stewart; and for other purposes.
HR 527. By Representative Channell of the 111th: A RESOLUTION commending Max Seymore; and for other purposes.
HR 528. By Representative Channell of the 111th: A RESOLUTION commending Gina Neu leib-O'Shea; and for other purposes.
HR 529. By Representative Channell of the 111th: A RESOLUTION commending Chad Nelson; and for other purposes.

2390

JOURNAL OF THE HOUSE

HR 530. By Representative Channell of the 111th: A RESOLUTION commending Bobby Murray; and for other purposes.

HR 531. By Representative Channell of the 111th: A RESOLUTION commending Mike Mullins; and for other purposes.

HR 532. By Representative Channell of the 111th: A RESOLUTION commending Chris Houston; and for other purposes.

HR 533. By Representative Channell of the 111th: A RESOLUTION commending Riezel Baker; and for other purposes.

HR 534. By Representative Channell of the 111th: A RESOLUTION commending Hazel Heath; and for other purposes.

HR 535. By Representative Channell of the 111th: A RESOLUTION commending Sean Dolan; and for other purposes.

HR 536. By Representative Channell of the 111th: A RESOLUTION commending Cindy Carver; and for other purposes.

HR 537. By Representative Channell of the 111th: A RESOLUTION commending Jo Kicker; and for other purposes.

HR 538. By Representative Channell of the 111th: A RESOLUTION commending Mary Mobley; and for other purposes.

THURSDAY, MARCH 8, 2001

2391

HR 539. By Representative Lane of the 146th: A RESOLUTION commending Miss Della Robbins on her 100th birthday; and for other purposes.
HR 540. By Representative Channell of the 111th: A RESOLUTION commending Ted Baker; and for other purposes.
HR 541. By Representative Channell of the 111th: A RESOLUTION commending Sally Adams; and for other purposes.
HR 542. By Representative Powell of the 23rd: A RESOLUTION celebrating the birth of Onyx Robert James; and for other purposes.
HR 543. By Representative Coleman of the 80th: A RESOLUTION commending Joan H. Akin; and for other purposes.
HR 544. By Representative Powell of the 23rd: A RESOLUTION expressing regret at the passing of Mr Hugh Wallace Maret; and for other purposes.
HR 545. By Representative Channell of the 111th: A RESOLUTION commending Jackie Richardson; and for other purposes.
HR 546. By Representatives Harbin of the 113th and Jackson of the 112th: A RESOLUTION commending the Columbia County Fireballs; and for other purposes.

2392

JOURNAL OF THE HOUSE

HR 547. By Representative Powell of the 23rd: A RESOLUTION honoring the memory of Betty Rucker Griggs and expressing regret at her passing; and for other purposes.
HR 548. By Representatives McBee of the 88th, Stallings of the 100th and Byrd of the 170th: A RESOLUTION recognizing and commending Jeanette Hooper; and for other purposes.
HR 549. By Representatives Coan of the 82nd and Sailor of the 71st: A RESOLUTION commending David S. Brunson, Jr., Class AAAAA State Champion Wrestler; and for other purposes.
HR 550. By Representative Powell of the 23rd: A RESOLUTION expressing sympathy on the passing of Frank D. Morris; and for other purposes.
HR 551. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Smith of the 19th, Floyd of the 138th and others: A RESOLUTION expressing regret at the loss of 21 National Guardsmen; and for other purposes.
HR 552. By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th, Smyre of the 136th, Skipper of the 137th and others: A RESOLUTION recognizing and commending Honorable Rudolph Johnson; and for other purposes.

THURSDAY, MARCH 8, 2001

2393

HR 553. By Representative Channell of the 111th:
A RESOLUTION commending Michaelyn McLendon; and for other purposes.

HR 554. By Representatives Twiggs of the 8th, Rogers of the 20th, Walker of the 141st, Morris of the 155th, Parham of the 122nd and others:
A RESOLUTION expressing regret at the passing of Dale Earnhardt; and for other purposes.

HR 555. By Representative Channell of the 111th: A RESOLUTION commending Lee Arberg; and for other purposes.

HR 556. By Representative Channell of the 111th: A RESOLUTION commending Lisa Baynes; and for other purposes.

HR 557. By Representative Channell of the 111th: A RESOLUTION commending Trone Jones; and for other purposes.

HR 558. By Representatives Teague of the 58th, Mangham of the 75th, Johnson of the 35th, Parsons of the 40th, Westmoreland of the 104th and others:
A RESOLUTION recognizing the women of the Marietta facility of Lockheed Martin Aeronautics Company for their contributions to the aeronautics industry; 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 Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings
Davis Y Day

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

2394
Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
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 Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster
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 James Jamieson
Y 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 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 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
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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 Y Yates Y Murphy, Speaker

On the adoption of the Resolutions, the ayes were 164, nays 0. The Resolutions were adopted.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on Transportation:

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

THURSDAY, MARCH 8, 2001

2395

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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Education and referred to the Committee on State Planning & Community Affairs - Local:

SB 284. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the provisions relating to the filling of vacancies on the board of education; to repeal conflicting laws; 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 114 Do Pass

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:

2396

JOURNAL OF THE HOUSE

Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 142 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 33 Do Pass SB 34 Do Pass, by Substitute

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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 395 Do Pass SB 67 Do Pass SB 196 Do Pass, by Substitute

THURSDAY, MARCH 8, 2001

2397

Respectfully submitted, /s/ Royal of the 164th
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 12, 2001.

2398

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, March 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 Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burkhalter Burmeister Byrd Campbell Childers Coan Coleman, B

Collins Connell Cummings Davis E Day Deloach, B Deloach, G Dodson Drenner Dukes Everett Floyd Forster Franklin Graves E Greene Hammontree Hanner Harbin Harrell Heard Hembree Hines Holland E Holmes

Houston Howard Hudgens Hudson, N Hudson, S Hugley James Jennings Johnson Jordan Kaye Keen Lane Lanier Lewis Lord Lucas Lunsford E Mann Manning Martin Massey McBee McCall McKinney

Millar Mills Mosley Mueller Orrock Parrish Parsons Pelote Pinholster Powell Purcell Reece Reed Reese Rice Richardson Roberts, D Royal Sailor Sanders Scott Seay Shanahan Shaw Sholar

Sinkfield Skipper Smith, C Smith, P E Smith, T Smith, V Snelling Stallings Stancil Stephens Stokes Taylor Teper Tillman Twiggs E 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 Bordeaux of the 151st, Buckner of the 95th, Callaway of the 81st, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Cooper of the 31st, Cox of the 105th, Crawford of the 129th, Ehrhart of the 36th, Epps of the 131st, Golick of the 30th, Henson of the 65th, Irvin of the 45th, Jackson of the 112th, Jackson of the 148th, James of the 140th, Jamieson of the 22nd, Jenkins of the 110th, Joyce of the 1st, Knox of the 28th, Maddox of the 72nd, Mangham of the 75th, McClinton of the 68th, Mobley of the 69th, Morris of the 155th, Parham of the 122nd, Poag of the 6th, Porter of the 143rd, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reichert of the 126th, Roberts

MONDAY, MARCH 12, 2001

2399

of the 162nd, Scheid of the 17th, Sims of the 167th, Smith of the 103rd, Smith of the 19th, Smyre of the 136th, Snow of the 2nd, Stanley of the 49th, Turnquest of the 73rd, Walker of the 87th, Watson of the 70th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Dr. Jesse J. Walker, II, Pastor, Paradise Baptist 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 Resolution of the House were introduced, read the first time and referred to the Committees:

2400

JOURNAL OF THE HOUSE

HB 885. By Representative Jenkins of the 110th:
A BILL to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to enact The Interstate Compact for Adult Offender Supervision; to provide for implementation of such compact; to provide for the Georgia State Council for Interstate Adult Offender Supervision; to provide for a compact administrator; to repeal the "Uniform Act for Out-of-State Parolee Supervision"; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 886. 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 computers, computer related products, clothing, and bags for limited period of time; and for other purposes.

3/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 886. 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 887. 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

MONDAY, MARCH 12, 2001

2401

provide for an exemption with respect to the sale of certain clothing and bags for a limited period of time; and for other purposes.

3/12/2001
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 887. 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 888. By Representative Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Hancock County, so as to change the base annual salary of the chairperson of the board of commissioners; and for other purposes.

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

HB 889. By Representative Hudgens of the 24th:
A BILL to amend an Act establishing a salary for the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions regarding the compensation of the coroner; and for other purposes.

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

HB 890. By Representative Hudgens of the 24th:
A BILL to provide for filling vacancies in the office of Sheriff of Madison County; and for other purposes.

2402

JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.
HB 891. By Representative Stokes of the 92nd: A BILL to provide a new charter for the City of Oxford; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 892. By Representatives Jackson of the 112th and Harbin of the 113th: A BILL to amend an Act providing a new charter for the City of Harlem, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 893. By Representatives Stokes of the 92nd and Smith of the 91st: A BILL to provide a new charter for the Town of Newborn; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 894. 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 ad valorem taxes for municipal purposes and 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, MARCH 12, 2001

2403

homestead for residents of the City of Decatur with such amount to be determined annually 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 895. By Representative Smith of the 19th:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceedng $25,000.00; and for other purposes.

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

HB 896. By Representative Broome of the 160th:
A BILL to amend an Act creating the State Court of Early County, so as to provide that on and after January 1, 2005, the district attorney of the judicial circuit within which Early County is located shall represent the state in all criminal prosecutions brought in the State Court of Early County and shall perform the duties of the office of solicitor-general of the state court; and for other purposes.

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

HB 897. By Representative McCall of the 90th:
A BILL to amend an Act providing for the composition of the Board of Education of Wilkes County and the election of members to such board, so as

2404

JOURNAL OF THE HOUSE
to provide for the compensation of the members of such board of education; and for other purposes.

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

HB 898. By Representatives Snow of the 2nd and Forster of the 3rd:
A BILL to provide for a homestead exemption from all City of Fort Oglethorpe ad valorem taxes for municipal purposes in an amount not to exceed $40,000.00 of the assessed value of the homestead for certain residents of that school district who are totally disabled and whose annual net income does not exceed $14,000.00; and for other purposes.

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

HB 899. By Representative Hudson of the 156th:
A BILL to provide a new charter for the Town of Pineview; and for other purposes.

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

HR 559. By Representatives Bohannon of the 139th, Walker of the 141st, Brooks of the 54th, Westmoreland of the 104th, Cox of the 105th and others:
A RESOLUTION expressing the intent and desire of the House of Representatives to protect and preserve all publicly owned monuments, plaques, markers, statues, and memorials which are dedicated to, honor, or recount 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 for other purposes.

Referred to the Committee on Rules.

MONDAY, MARCH 12, 2001

2405

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

HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 882 HB 883 HB 884 HR 514 HR 515

HR 516 SB 213 SB 246 SB 271 SB 274 SB 276 SB 279 SB 291 SB 292 SB 293 SR 252

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 22 Do Pass, by Substitute SB 147 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 and Resolution of the House and Senate and

2406

JOURNAL OF THE HOUSE

has instructed me to report the same back to the House with the following recommendations:

HB 416 HB 837 HB 853 HB 854 HB 855 HB 857 HB 860

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 861 HB 872 HB 873 HB 874 HR 502 SB 127 SB 297

Do Pass 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 12, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

HR 209 SB 51
SB 83
SB 188

Water well drilling equipment; urge Congress reclassify Emergency Medical Services; lay rescuers; regulate use of CPR and defibrillators; tort immunity. Game and Fish Code; hunting, trapping, fishing, wildlife, weapons, licenses, minors hunting under supervision; amend provisions Marine Dealers; Termination of Franchise Agreement; disposition of inventory

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

MONDAY, MARCH 12, 2001

2407

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 872. By Representatives Jennings of the 63rd, Harrell of the 62nd, Mangham of the 75th, Mobley of the 69th, Davis of the 60th and others:
A BILL to provide for the filling of vacancies in the office of sheriff of DeKalb 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 3.
The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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:
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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

2408

JOURNAL OF THE HOUSE

HB 853. By Representative Smith of the 102nd: A BILL to provide a new charter for the City of Shiloh; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 854. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th: A BILL to make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 855. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th: A BILL to create the Colquitt County Family Connection Collaborative on Children and Families; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 857. By Representatives Wix of the 33rd, Manning of the 32nd, Johnson of the 35th, Parsons of the 40th, Collins of the 29th and others: A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.

MONDAY, MARCH 12, 2001

2409

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

HB 860. By Representative Jamieson of the 22nd:
A BILL to provide a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; and for other purposes.

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

HB 861. By Representative Jamieson of the 22nd:
A BILL to create the Banks County Family Connection Commission; and for other purposes.

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

HB 873. By Representatives Unterman of the 84th, Dix of the 76th, Reese of the 85th, Coleman of the 80th, Squires of the 78th and others:
A BILL to provide for the filling of vacancies in the office of sheriff of Gwinnett County; and for other purposes.

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

HB 874. By Representative Purcell of the 147th:
A BILL to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development

2410

JOURNAL OF THE HOUSE
Authority," so as to provide additional members for such authority; and for other purposes.

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

HR 502. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A RESOLUTION commemorating the establishment of the Town of Cannonville in Troup County, Georgia, and urging the Department of Natural Resources to include the Cannonville community within the Georgia Register of Historic Places; and for other purposes.

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

SB 127. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2003, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1, 2004, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; 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 297. By Senator Thompson of the 33rd: A bill to be entitled an Act to provide that the tax commissioner of Cobb

MONDAY, MARCH 12, 2001

2411

County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide for related matters; to repeal a specific Act; 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 and Resolution.

On the passage of the Bills and 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
Borders Y Bridges Y Brooks
Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B

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

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 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 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 Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Smith, C Smith, C.W Y Smith, L Y Smith, P E 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 Turnquest Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard

2412
Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Houston Y Howard Y Hudgens Y Hudson, N

Y Mills Y Mobley Y Morris
Mosley

Sims Y Sinkfield Y Skipper Y Smith, B

Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills and Resolution, the ayes were 137, nays 0.
The Bills and Resolution, 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 289. By Senator Blitch of the 7th:
A bill to be entitled an Act to amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to vacancies in the membership of the board of commissioners; to repeal conflicting laws; and for other purposes.
SB 301. By Senator Williams of the 6th:
A bill to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4328), so as to change the salary of the judge and solicitor; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 12, 2001

2413

SB 304. By Senator Thomas of the 10th:
A bill to be entitled an Act to provide a new Charter for the City of Decatur, Georgia; to provide for incorporation, boundaries and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city manager and other personnel; to repeal conflicting laws; and for other purposes.
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.
HB 309. By Representative Morris of the 155th:
A BILL to provide a new charter for the City of Higgston; and for other purposes.
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.
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.
HB 768. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:

2414

JOURNAL OF THE HOUSE

A BILL to provide for the filling of vacancies in the office of sheriff of Cherokee County; and for other purposes.
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.
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.
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.
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.
HB 779. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Carlton; and for other purposes.
HB 781. By Representative Powell of the 23rd:
A BILL to provide a new charter for the City of Carnesville; and for other purposes.
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.

MONDAY, MARCH 12, 2001

2415

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.
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.
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 Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 134. By Senators Walker of the 22nd, Dean of the 31st, Gillis of the 20th, Hooks of the 14th, Harbison of the 15th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
SR 248. By Senator Lee of the 29th:
A resolution designating the Virgil Bledsoe Highway; and for other purposes.
SR 267. By Senators Smith of the 25th and Hill of the 4th:
A resolution creating the Joint Study Committee on Georgia Military College; and for other purposes.

2416

JOURNAL OF THE HOUSE

SR 275. By Senator Thomas of the 54th:
A resolution designating a portion of U.S. Highway 411 as the Veterans Memorial Highway; and for other purposes.
SR 279. By Senators Stokes of the 43rd, Crotts of the 17th, Thomas of the 10th, Butler of the 55th and Burton of the 5th:
A resolution designating the Earl Paulk Parkway; and for other purposes.
SR 287. By Senators Ragan of the 11th, Marable of the 52nd and Hill of the 4th:
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.

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

SB 289. By Senator Blitch of the 7th:
A bill to be entitled an Act to amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to vacancies in the membership of the board of commissioners; to repeal conflicting laws; and for other purposes.

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

MONDAY, MARCH 12, 2001

2417

SB 301. By Senator Williams of the 6th:
A bill to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4328), so as to change the salary of the judge and solicitor; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 304. By Senator Thomas of the 10th:
A bill to be entitled an Act to provide a new Charter for the City of Decatur, Georgia; to provide for incorporation, boundaries and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city manager and other personnel; to repeal conflicting laws; and for other purposes.

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

SR 134. By Senators Walker of the 22nd, Dean of the 31st, Gillis of the 20th, Hooks of the 14th, Harbison of the 15th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.

Referred to the Committee on Rules.

2418

JOURNAL OF THE HOUSE

SR 248. By Senator Lee of the 29th: A resolution designating the Virgil Bledsoe Highway; and for other purposes.

Referred to the Committee on Rules.

SR 267. By Senators Smith of the 25th and Hill of the 4th:
A resolution creating the Joint Study Committee on Georgia Military College; and for other purposes.

Referred to the Committee on Rules.

SR 275. By Senator Thomas of the 54th:
A resolution designating a portion of U.S. Highway 411 as the Veterans Memorial Highway; and for other purposes.

Referred to the Committee on Rules.

SR 279. By Senators Stokes of the 43rd, Crotts of the 17th, Thomas of the 10th, Butler of the 55th and Burton of the 5th:
A resolution designating the Earl Paulk Parkway; and for other purposes.

Referred to the Committee on Rules.

SR 287. By Senators Ragan of the 11th, Marable of the 52nd and Hill of the 4th:
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.

MONDAY, MARCH 12, 2001

2419

Referred to the Committee on Rules.
Representative Orrock of the 56th arose to a point of personal privilege and addressed the House.
Representative Roberts of the 162nd arose to a point of personal privilege and addressed the House.
The Speaker Pro Tem assumed the Chair.
Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

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

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.

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 Cox Crawford

Y Hudson, S Y Hugley

Y Mueller Y Orrock

Y Smith, C Smith, C.W

2420
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 Y Coleman, B
Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
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 E Heckstall Y Hembree
Henson Y Hines Y Holland E Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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
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
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
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 Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, L Y Smith, P E 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 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 adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Barnard of the 154th 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.

Due to a mechanical malfunction, the vote of Representative Snow of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 12, 2001

2421

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.

The following Committee substitute was read and adopted:

A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by inserting immediately after Code Section 31-11-53.1 a new Code Section 31-11-53.2 to read as follows:
"31-11-53.2. (a) As used in this Code section, the term 'lay rescuer' means a person trained to provide cardiopulmonary resuscitation and to use an automatic external defibrillator, as defined in Code Section 31-11-53.1, and who is participating in a physician or medically authorized automated external defibrillator program. (b) The following guidelines shall be applicable to the use of automated external defibrillators by lay rescuers:
(1) Any person or entity who acquires an automated external defibrillator shall ensure that:
(A) Expected users of the automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and

2422

JOURNAL OF THE HOUSE

automated external defibrillator use or complete an equivalent nationally recognized course; (B) The defibrillator is maintained and tested according to the manufacturer's operational guidelines; (C) There is involvement of a licensed physician or other person authorized by the composite board in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; (D) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and reports any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the composite board who is supervising the program; and (2) Any person or entity who acquires an automated external defibrillator shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of automated external defibrillator."
SECTION 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by inserting a new Code Section 51-1-29.3 to read as follows:
"51-1-29.3. The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections 3111-53.1 and 31-11-53.2, except that such immunity shall not apply to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession if such person acts with gross negligence. The immunity provided for in this Code section shall extend to:
(1) Any person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator without objection of the person to whom care or treatment is rendered; (2) The owner or operator of any premises or conveyance who installs or provides automated external defibrillator equipment in or on such premises or conveyance; (3) Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (2) of Code Section 31-7-1; and (4) Any person who provides training in the use of automated external defibrillator equipment as required by subparagraph (b)(1)(A) of Code Section 31-11-53.1, whether compensated or not. This Code section is not applicable to any training or instructions provided by the manufacturer of the automated external defibrillator or to any claim for failure to warn on the part of the manufacturer. (5) Nothing in this Code section shall be construed so as to provide immunity to the manufacturer of any automated external defibrillator or off-premises automated

MONDAY, MARCH 12, 2001

2423

external defibrillator maintenance or service providers, nor shall it relieve the manufacturer from any claim for product liability or failure to warn."
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 Y Bannister Y Barnard Y Barnes Y Bell Y 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 Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis E 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 E Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree
Henson Y Hines Y Holland E 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
Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
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
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 E Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley 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 Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

2424

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Snow of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

N Allen N Amerson
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 N Bulloch N Bunn

Y Cox Crawford
Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick Y Graves E Greene N 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 N Joyce N Kaye N Keen N Knox Y Lane Y Lanier Y Lewis Y Lord
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
Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T N Smith, V Y Smyre N 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 Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B
Coleman, T Y Collins Y Connell N Cooper

MONDAY, MARCH 12, 2001

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

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

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

2425
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland N Wiles Y Wilkinson N Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 128, nays 30. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Snow of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 following Committee substitute was read:

A BILL To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish

2426

JOURNAL OF THE HOUSE

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 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 provide that nonresidents shall be required to possess a hunting license to hunt big game; to permit hunting with recurve bows under certain conditions; to provide for certain protection from civil liability; to require certain clothing for bear hunters during firearms and primitive weapons season; to prohibit feeding or baiting bears; to provide for relevant 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 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by striking in their entirety paragraphs (39) and (60) of Code Section 27-1-2, relating to definitions relative to such title, and inserting in lieu thereof, respectively, the following:
"(39) 'Hunting' means pursuing, shooting, killing, taking, or capturing wildlife or feral hogs. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife or feral hogs, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife or feral hogs." "(60) 'Resident' means any citizen of the United States person who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, residents shall include full-time military personnel on active duty who list Georgia as their home of record in their official military files or who are stationed at a military base located in Georgia and the dependents of such military personnel."
SECTION 2. Said title is further amended by striking in its entirety Code Section 27-1-10, relating to assent to federal law respecting wildlife restoration and fish restoration projects, and inserting in lieu thereof the following:
"27-1-10. The State of Georgia assents to the provisions of P.L. 75-415 and P.L. 81-681. The department is authorized, empowered, and directed to perform such acts as may be necessary to establish and conduct cooperative wildlife restoration projects as defined in P.L. 75-415, and cooperative fish restoration projects as defined in P.L. 81-681, and

MONDAY, MARCH 12, 2001

2427

wildlife conservation and restoration programs, wildlife conservation education, and wildlife associated recreation projects as defined in P.L. 106-553, as well as the regulations promulgated under those federal acts. No funds accruing to the state from license fees paid by hunters or fishermen or interest thereon shall be diverted for any purpose other than the administration of the department and for the study, protection, preservation, restoration, or propagation of fish and wildlife in this state."
SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 271-13, relating to the disposition of certain funds, and inserting in lieu thereof the following:
"(c) Notwithstanding any other law to the contrary, the department is authorized to retain all miscellaneous funds generated by the operation of its wildlife management areas and refuges, and its public fishing areas, and its wildlife, hunter, and boating education programs for use in the operation and maintenance of those areas, and refuges, and programs. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury. Nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. The department shall comply with all provisions of Code Section 45-5-7, Parts 1 and 2 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."
SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 271-33, relating to noncompliance with laws while on a fishing area, fish hatchery, natural area, and wildlife management area and hunting without a wildlife management area stamp, and inserting in lieu thereof the following:
"(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area, fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area stamp license as authorized by Code Section 27-2-23. Such stamp must be affixed to a valid hunting license and signed by the license holder."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, and inserting in lieu thereof the following:

2428

JOURNAL OF THE HOUSE

"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules' and 'regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on October 1, 1998 July 1, 2001."
SECTION 6. Said title is further amended by striking in its entirety Code Section 27-2-2, relating to the issuance and sale of hunting, fishing, and trapping licenses and related matters, and inserting in lieu thereof the following:
"27-2-2. (a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to:
(1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner, and shall be due and payable annually upon billing by the department; (2) Account for all license sales and the monetary receipts from such sales in reports to the department, which reports shall be on a schedule and in a form specified by the written agreement between the license agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the license agents ability to sell licenses; and (3) Receive for himself or herself no more than 60 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the license agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that a neither the telephone license agent nor the Internet license agent shall not receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. (b.1) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agents place of business. Such fees shall be due and payable upon installation of the automated equipment.

MONDAY, MARCH 12, 2001

2429

(c) The commissioner may either purchase a blanket performance bond for the departments license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, each license agent shall require each person desiring to purchase a license to display a drivers license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agents authority until the license agent has been given ten days written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agents residence on the reasons for withdrawal."
SECTION 7. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 27-2-3.1, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman licenses, and related matters, and inserting in their respective places the following:
"(a) Persons hunting during any archery season or primitive weapons season must purchase either a primitive weapons license or an archery license, unless otherwise provided by this title." "(d) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to or printed on a form provided by the department which must include the applicants name, address, telephone number, height, weight, date of birth, and hunter safety certification number; provided, however, that each such item of information may be, but is not required to be, printed on lifetime licenses."
SECTION 8. Said title is further amended by striking in its entirety Code Section 27-2-5, relating to required hunter education programs, and inserting in lieu thereof the following:

2430

JOURNAL OF THE HOUSE

"27-2-5. (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 16 through 25 shall provide such certificate or other evidence to the issuing agent at the time of purchase of a hunting license. All persons required by this subsection to complete a hunter education course, by signing such license, or by receiving a temporary license identification number, or by receiving a license from a telephone license agent, Internet license agent, or other vendor, shall certify their compliance with this subsection. (b) It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the board, or to any other person born on or after January 1, 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable. Internet and telephone license agents may accept a valid hunter education certificate number as fulfillment of this requirement. (c) It shall be unlawful for any person age 16 through 25 who is not required by law to obtain a hunting license to hunt in this state unless that person carries on his or her person while hunting a certificate attesting to that persons satisfactory completion of a hunter education course as prescribed by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand. (d) Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person; provided, however, that a hunter education course is not required for a child age 12 through 15 years who is hunting under plain view adult supervision by a licensed adult hunter. (e) Any person applying for a season nonresident hunting license may provide a certificate of completion or such other evidence of completion the department deems acceptable of the official hunter education or hunter safety course of such persons state of residence if that course shall have been approved by the department. Those persons applying for a nonresident hunting license other than a season nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. (f) By rule or regulation, the board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The board shall also prescribe procedures whereby competent residents of this state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging

MONDAY, MARCH 12, 2001

2431

reasonable fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as 'other income' of the department for purposes of subsection (a) (c) of Code Section 271-13. (g) Any person violating any provision of this Code section shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16. (h) The requirements of subsections (c) and (d) of this Code section shall not apply to any person hunting on his or her own land or that of his or her parents or legal guardian or to persons permitting a child or ward aged 12 through 15 years to hunt on the parents or guardians own land."
SECTION 9. Said title is further amended by striking in its entirety Code Section 27-2-6, relating to trout stamps, official Georgia waterfowl stamps, and big game licenses, and inserting in lieu thereof the following:
"27-2-6. (a) It shall be unlawful for any resident of this state person who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any resident of Georgia person who has attained the age of 16 years and for any nonresident, regardless of age, to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting license along with any harvest records required by law or regulation to hunt big game in this state. (c) It shall be unlawful for any resident of Georgia person who has attained the age of 16 years and for any nonresident, regardless of age, to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."
SECTION 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 272-20, relating to federal migratory bird hunting and conservation stamps and participation

2432

JOURNAL OF THE HOUSE

in federal Migratory Bird Harvest Information Program, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person 16 years of age or older to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp."
SECTION 11. Said title is further amended by striking in its entirety subsection (e) of Code Section 273-1, relating to a requirement of permission to hunt on lands of another, such written permission, enforcement, and immunity of the landowner from civil liability, and inserting in lieu thereof the following:
"(e) Any owner of land, lessee of land, or lessee of the game or fishing rights to land who gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge."
SECTION 12. Said title is further amended by striking in their entirety paragraphs (1), (2), (3), (4), and (7) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof, respectively, the following:
"(1) Longbows, recurve bows, and compound bows may be used for taking small game or big game. Arrows for hunting deer must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, compound bows, muzzleloading rifles firearms of .44 caliber or larger with iron sights only and without telescopic sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles firearms of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 rimfire firearms, muzzleloading firearms, longbows, recurve bows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;" "(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles firearms, longbows, recurve bows, or

MONDAY, MARCH 12, 2001

2433

compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00;"
SECTION 13. Said title is further amended by striking in its entirety Code Section 27-3-25, relating to hunting bears and required outer garments, and inserting in lieu thereof the following:
"27-3-25. It shall be unlawful for any person to hunt bears or for any person to accompany another person hunting bears unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment during firearms and primitive weapons seasons. Such clothing must be worn above the waistline and may include a head covering."
SECTION 14. Said title is further amended by inserting immediately following Code Section 27-3-27, relating to unlawful use of bear bait, a new Code section to read as follows:
"27-3-28. It shall be unlawful for any person willfully to feed or bait any wild bear not in captivity. For purposes of this Code section, willfully placing, exposing, or tossing any food item edible by bears to or in the vicinity of a live bear or willfully leaving any such item in or near the area where a bear is known to frequent shall constitute the willful feeding or baiting of a wild bear."
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lane of the 146th moves to amend the Committee substitute to SB 83 by striking line 12 of page 1 and inserting in lieu thereof the following:
"firearms and primitive weapons season; to provide for".
By striking on line 24 of page 6 the words "plain view".
By striking lines 23 through 31 on page 9.

The following amendment was read:

2434

JOURNAL OF THE HOUSE

Representatives Stancil of the 16th and Williams of the 83rd move to amend the Committee substitute to SB 83 as follows:
Page 1, line 25, after word "any" insert "citizens of the United States".
Also, strike word "person" on line 25.

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

N Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard N Barnes Y Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y 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
Coleman, T Y Collins N Connell Y Cooper

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

N Hudson, S Y Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson Y Jenkins Y Jennings N Johnson Y 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
Martin Y Massey Y 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 Y Poag N Porter Y 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
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan N Shaw Y Sholar N Sims N Sinkfield N Skipper Y Smith, B

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

MONDAY, MARCH 12, 2001 On the adoption of the amendment, the ayes were 94, nays 69. The amendment was adopted.

2435

Due to a mechanical malfunction, the vote of Representative Snow of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Committee substitute, as amended, was adopted.

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

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

Y 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 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 Y Coan Y Coleman, B

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

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
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar

Mueller N 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 N Rice Y Richardson Y Roberts, D
Roberts, L Rogers Y Royal Sailor Y Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E 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 N 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 N Willard

2436
Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Houston Howard
Y Hudgens Y Hudson, N

Y Mills N Mobley Y 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, by substitute, as amended, the ayes were 147, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Golick of the 30th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolutions of the House were read and adopted:

HR 560. By Representative Mobley of the 69th:
A RESOLUTION commending Deacon Samuel "Tunk" Savage and congratulating him on his 75th birthday; and for other purposes.

HR 561. By Representative Jamieson of the 22nd:
A RESOLUTION commending the Franklin County Lady Lions basketball team; and for other purposes.

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

TUESDAY, MARCH 13, 2001

2437

Representative Hall, Atlanta, Georgia Tuesday, March 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 Bishop Vincent R. Drummer, Pastor, Tabernacle of Deliverance, Vidalia, 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.

2438

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 900. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and Cummings of the 27th:
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 personal mass transportation expenses; and for other purposes.
Referred to the Committee on Ways & Means.
HB 901. By Representatives Bridges of the 9th and Everett of the 163rd:
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 nonbinding arbitration when certain insurance companies deny coverage or refuse or fail to pay claims promptly; and for other purposes.
Referred to the Committee on Insurance.
HB 902. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system; and for other purposes.
Referred to the Committee on Retirement.

TUESDAY, MARCH 13, 2001

2439

HB 903. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act providing for the Board of Education of Peach County, so as to change the provisions relating to the compensation of members of the board of education; and for other purposes.

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

HB 904. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to provide for the filling of vacancies in the office of sheriff of Columbia County; and for other purposes.

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

HB 905. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend an Act providing for the compensation, expenses, and benefits of the coroner of Columbia County, so as to change the compensation of the coroner; and for other purposes.

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

HB 906. By Representative Harbin of the 113th:
A BILL to amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, so as to clarify the manner by which such salaries are calculated; and for other purposes.

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

2440

JOURNAL OF THE HOUSE

HB 907. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to amend an Act creating a board of commissioners of Forsyth County, so as to change the manner of electing the chairperson and other members of the board of commissioners; and for other purposes.

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

HB 908. By Representative Byrd of the 170th:
A BILL to amend an Act creating the Board of Commissioners of Appling County, so as to change the provisions relating to the compensation and expenses of the chairperson and members of the board of commissioners; to provide for the power of the chairperson of the board of commissioners to veto ordinances, resolutions, or portions thereof; and for other purposes.

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

HB 909. By Representative Byrd of the 170th:
A BILL to amend an Act incorporating and providing a new charter for the City of Graham, so as to change the provisions relating to municipal elections; to change the provisions relating to the terms of office and the election of the mayor and councilmembers; and for other purposes.

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

HB 910. By Representatives Stallings of the 100th, Murphy of the 18th and West of the 101st:
A BILL to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; and for other purposes.

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

TUESDAY, MARCH 13, 2001

2441

HR 562. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Cummings of the 27th: A RESOLUTION urging the board of trustees of the Employees' Retirement System of Georgia and the board of trustees of the Teachers Retirement System of Georgia to maintain separate, distinct, and independent management of administration and assets of the two retirement systems; and for other purposes.
Referred to the Committee on Rules.
HR 563. By Representatives Walker of the 141st, Murphy of the 18th, Coleman of the 142nd, Skipper of the 137th, Buck of the 135th and others: A RESOLUTION amending the Rules of the House; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committee:
HB 914. By Representative Jackson of the 148th: A BILL to provide that no bridges shall be constructed on or over marshlands in Chatham County except for public bridges constructed by or under the auspices of the Department of Transportation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 915. By Representative Jackson of the 148th: A BILL to define a certain term; to provide that there shall be no landdisturbing activities on a coastal hammock in Chatham County; and for other purposes.

2442

JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs.
HB 918. By Representative Joyce of the 1st: A BILL to provide for a homestead exemption from certain Dade County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 919. By Representative Joyce of the 1st: A BILL to provide for a homestead exemption from certain Dade County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 920. By Representative Holland of the 157th: A BILL to abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 921. By Representative Holland of the 157th: A BILL to provide a new charter for the City of Ashburn; and for other purposes.

TUESDAY, MARCH 13, 2001

2443

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

HB 922. By Representative Jenkins of the 110th:
A BILL to amend an Act entitled "An Act creating the board of commissioners of Monroe County," so as to change the amount of compensation of the chairperson and members of the board of commissioners; and for other purposes.

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

HB 923. By Representatives McClinton of the 68th, McKinney of the 51st, Sinkfield of the 57th, Irvin of the 45th, Brooks of the 54th and others:
A BILL to provide for a homestead exemption from all Ctiy of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled 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 924. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to provide for the appointment of members of the authority; to provide for the filling of vacancies; 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:

2444
HB 885 HB 886 HB 887 HB 888 HB 889 HB 890 HB 891 HB 892 HB 893 HB 894 HB 895 HB 896 HB 897

JOURNAL OF THE HOUSE
HB 898 HB 899 HR 559 SB 289 SB 301 SB 304 SR 134 SR 248 SR 267 SR 275 SR 279 SR 287

Pursuant to Rule 52, Representative Borders of the 177th moved that the following Bill of the House be engrossed:

HB 886. 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 computers, computer related products, clothing, and bags for 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 887. 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 and bags for a limited period of time; and for other purposes.

TUESDAY, MARCH 13, 2001

2445

The motion prevailed.

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

Mr. Speaker:

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

SB 25 SB 30 SB 96 SB 105

Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute

SB 162 Do Pass, by Substitute SB 198 Do Pass, by Substitute SB 269 Do Pass

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 129 Do Pass SB 279 Do Pass

Respectfully submitted, /s/ Snow of the 2nd
Chairman

2446

JOURNAL OF THE HOUSE

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

Mr. Speaker:

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

HR 21 HR 408 HR 486 HR 487

Do Pass Do Pass Do Pass Do Pass

HR 504 Do Pass HR 514 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 36 Do Pass, by Substitute SB 118 Do Pass SB 207 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:

TUESDAY, MARCH 13, 2001

2447

Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 111 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 760 HB 833 HB 836 HB 877 HB 879

Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Do Pass

HB 881 HB 882 HB 884 SB 237 SB 264

Do Pass Do Pass Do Pass Do Pass, as Amended Do Pass

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

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

HOUSE RULES CALENDAR TUESDAY, MARCH 13, 2001

Mr. Speaker and Members of the House:

2448

JOURNAL OF THE HOUSE

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

HR 142 HR 261
HR 435 SB 1
SB 14 SB 67
SB 84
SB 217

Japanese government; WWII war crimes; urge apology and reparations Inmates; job training by Georgia Correctional Industries; urge governmental support Financial institutions; governing boards; urge inclusive representation Driver's Licenses; young drivers; supervised driving; nighttime restriction; on-the road test Minimum Wages; increase hourly amount Metropolitan Area Planning and Development Commissions; increase dues of participating counties Food Service Establishment; definition; exempt certain outdoor activities, functions Natural Gas Marketers; pricing, billing, meter reading practices; emergency directives; customer disputes; assist low-income persons

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 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.

The following Committee substitute was read and adopted:

TUESDAY, MARCH 13, 2001

2449

A BILL
To amend an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to provide for town council districts; to require reapportionment by Home Rule; to provide for elections; to provide for terms of the mayor and town councilmembers; to provide for submission of such districts to the U.S. Department of Justice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"SECTION 4. Council districts, elections, and terms of office.
(a) Council districts. For the purpose of electing town councilmembers, the Town of Braselton shall be divided into four voting districts, with one town councilmember elected from each district. The mayor shall be elected from the town at large. As soon as the 2000 Census data for use in reapportionment is made available to the mayor and town council but no later than the time for candidates to qualify in the 2001 municipal general election, the mayor and town council shall, consistent with the Municipal Home Rule Act of 1965, Code Section 36-35-1 et seq, of the O.C.G.A., amend the boundaries of such districts to reapportion such districts consistent with the provisions of Code Section 36-35-4.1 of the O.C.G.A.
(b)(1) The boundaries of District 1 shall be as follows: Beginning at a point where the existing town limits intersect the centerline of State Highway 53 approximately 2000 feet north of the interchange of State Highway 53 and Interstate 85 and thence running southerly along the centerline of State Highway 53 to a point at which the town limits turn easterly; thence running easterly along the current town limits to a point at which the current town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of Zion Church Road; thence running westerly along the centerline of Zion Church Road to its intersection with Pinecrest Street; thence running southerly along the centerline of Pinecrest Street to its intersection with Davis Street; thence running westerly along the centerline of Davis Street to its intersection with State

2450

JOURNAL OF THE HOUSE

Highway 53 (Green Street); thence running generally northerly to the interchange of State Highway 53 (Green Street) with Interstate 85; thence running westerly along the centerline of Interstate 85 to its intersection with the existing town limits at Jesse Cronic Road; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to the intersection of the existing town limits with Ednaville Road; thence running easterly along the centerline of Ednaville Road to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits intersect State Highway 53 at the point of beginning. (2) The boundaries of District 2 shall be as follows: Beginning at a point at the intersection of the centerlines of Davis Street and State Highway 53 (Green Street) and thence running southerly along the centerline of State Highway 53 (Green Street) to its intersection with the existing town limits: thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to the intersection of the existing town limits with Davis Street, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Davis Street to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of the existing town limits with Zion Church Road; thence running westerly along the centerline of the Zion Church Road to its intersection with Pinecrest Street; thence running southerly along the centerline of Pinecrest Street to its intersection with Davis Street; thence running westerly along

TUESDAY, MARCH 13, 2001

2451

the centerline of Davis Street to its intersection with State Highway 53 (Green Street) at the point of beginning. (3) The boundaries of District 3 shall be as follows: Beginning at a point where the centerline of State Highway 53 (Green Street) crosses the centerline of Interstate 85 and thence running southerly along the centerline of State Highway 53 (Green Street) to its intersection with the existing town limits at Henry Street; running thence westerly along the existing town limits in the centerline of Henry Street to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running in an arc southwesterly to the intersection of the existing town limits and Josh Pirkle Road; thence running southwesterly along the centerline of Josh Pirkle Road to a point at which the existing town limits turn northwesterly and leave the right of way of Josh Pirkle Road; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits and Josh Pirkle Road; thence running northerly along the centerline of Josh Pirkle road to its intersection with the southern property line of the property located at the southeast corner of the intersection of Josh Pirkle Road and SR 124; thence running northeasterly along the southern boundary of said property to a point at which the property line turns northerly; thence running northerly along the boundary of said property to its intersection with State Route 124; thence running easterly along the centerline of State Highway 124 to its intersection with an unnamed road shown bisecting tax parcel 2C on the Braselton tax map; thence running northwesterly along the centerline of such unnamed road to its intersection with the existing town limits adjacent to the southern right of way of Interstate 85; thence running easterly along the Interstate 85 right of way to its intersection with the centerline of State Highway 53 (Green Street) at the point of beginning. (4) The boundaries of District 4 shall be as follows: Beginning at a point at the intersection of an unnamed road bisecting tax parcel 2C on the Braselton tax map and the existing town limits along the southern right of way of Interstate 85 and thence running southerly along the centerline of said unnamed road to its intersection with State Highway 124; thence running westerly along the centerline of State Highway 124 to its intersection with the eastern property line of the property located at the southeast corner of the intersection of State Route 124 and Josh Pirkle Road; thence running southerly along the eastern boundary of said property to a point at which the property line turns southwesterly; thence running southwesterly along the boundary of said property to the centerline of Josh Pirkle Road; thence running southerly along the centerline of Josh Pirkle Road to its intersection with the existing town limits; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town

2452

JOURNAL OF THE HOUSE

limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits with State Highway 211; thence running northerly along the existing town limits in the centerline of State Highway 211 to the intersection of State Highway 211 with State Highway 124; thence running northeasterly along the existing town limits in the centerline of State Highway 124 to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits, crossing the right of way of State Highway 211, to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits, crossing the right of way of Interstate 85, to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly and northwesterly along the existing town limits to a point at which the existing town limits cross Interstate 85 and turn southwesterly adjacent to the northern right of way of Interstate 85; thence running southwesterly along the existing town limits adjacent to the northern right of way of Interstate 85 to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southeasterly;

TUESDAY, MARCH 13, 2001

2453

thence running southeasterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly adjacent to the northern right of way of Interstate 85; thence running westerly along the existing town limits adjacent to such right of way to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits with Spout Springs Road; thence running north and northwesterly along the existing town limits in the centerline of Spout Springs Road to the point at which Spout Springs Road crosses Duncan Creek Road; thence running northeasterly along the existing town limits in the centerline of Duncan Creek Road to a point at which existing the town limits turn northerly and leave the right of way of Duncan Creek Road; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running easterly and northeasterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the right of way of Thompsons Mill Road; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southerly and leave the Thompsons Mill

2454

JOURNAL OF THE HOUSE

Road right of way; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the Thompsons Mill Road right of way; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to the intersection of the existing town limits and Thompsons Mill Road, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the Thompsons Mill Road right of way; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running northeasterly along the existing town limits in the centerline of Thompsons Mill Road to its intersection with State Highway 211; thence running northerly along the centerline of State Highway 211 to its intersection with the Mulberry River, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of the Mulberry River until the existing town limits turn southwesterly and leave the river; thence running southwesterly along the existing town limits to the intersection of the existing town limits with State Highway 211; thence running southeasterly along the existing town limits in the centerline of State Highway 211 to its intersection with Liberty Church Road; thence running easterly along the existing town limits in the centerline of Liberty Church Road to its crossing of the Mulberry River; at which point the existing town limits turn south and run concurrently with the center of the Mulberry River; thence running in the direction of flow of the Mulberry River along the existing town limits running concurrently with the Mulberry River to a point at which the existing town limits leave the Mulberry River and turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to their intersection with Liberty Church Road at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Liberty Church Road to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a

TUESDAY, MARCH 13, 2001

2455

point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits intersect with the Mulberry River near the point of confluence of the Mulberry River and Duncan Creek; thence crossing the Mulberry River and running along the existing town limits coincident with the northern bank of Duncan Creek to a point at which the existing town limits turn southwesterly and away from Duncan Creek; thence running southwesterly along the existing town limits to their intersection with State Highway 211, at which point the existing town limits turn northerly; thence northerly along the existing town limits in the centerline of State Highway 211 to a point at which the existing town limits turn southwesterly and leave the State Highway 211 right of way; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly, crossing the right of way of State Highway 211, to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to their intersection with the Mulberry River at which the existing town limits turn southerly in the direction of the flow of the Mulberry River; thence southerly along the existing town limits in the center of the Mulberry River to a point at which the existing town limits leave the center of the Mulberry River and turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of the existing town limits with the southern right of way of Interstate 85; thence running northeasterly along the existing town limits adjacent to the southern right of way of Interstate 85 to the point of beginning. (c) Elections. The election of the mayor and town councilmembers shall be decided by a majority of votes cast. In the event no candidate receives a majority of the votes cast for a particular office, a run-off election shall be held as provided by law between the two candidates receiving the highest number of votes for such office. The candidate

2456

JOURNAL OF THE HOUSE

receiving a majority of the votes cast in such run-off election shall be declared the winner. Only a resident of a particular council district may qualify for election from such district, and each town councilmember shall reside in the district from which he or she was elected during his or her term of office. The mayor shall be a resident of the Town of Braselton. Any town councilmember who moves his or her residence from the district from which he or she was elected shall be deemed to have vacated his or her office. There shall be no primary elections for mayor and town councilmembers in the Town of Braselton and elections for mayor and town councilmembers shall be nonpartisan. (d) Terms of office. The mayor and all town councilmembers in office on the effective date of this Act shall remain in office until the mayor and town councilmembers elected in a general election to be held on November 6, 2001, take office as provided in this Act. Thereafter, all town councilmembers shall serve a term of four years, with the exception of those town councilmembers representing Council Districts 1 and 3 elected pursuant to the general election held on November 6, 2001, who shall serve a term of two years. The mayor shall serve a term of four years."
SECTION 2. It shall be the duty of the attorney for the Town of Braselton to submit this Act to the U.S. Department of Justice for approval under the Voting Rights Act of 1965.
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 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.

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

HB 836. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:

TUESDAY, MARCH 13, 2001

2457

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.
The following Committee substitute was read and adopted:
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 city who are 62 years of age or older or disabled; 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 municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Canton including, but not limited to, taxes to pay interest on and to retire 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 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. (b) Each resident of the City of Canton who is a senior citizen or who is disabled is granted an exemption on that persons homestead from all City of Canton ad valorem taxes for municipal purposes in the amount of $112,000.00 of the assessed value of that homestead. The value of the property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the disability exemption provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

2458

JOURNAL OF THE HOUSE

(2) 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 Canton, or the designee thereof, giving:
(A) The persons age; (B) If disabled, the certificate or certificates required by paragraph (1) of this subsection; and (C) Such information relative to receiving such exemption as will enable the governing authority of the City of Canton, 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 Canton, 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, affidavit, and certificate, if required, 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 Canton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal 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 Canton 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 Canton 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 Cherokee County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from all City of Canton ad valorem taxes for municipal purposes in

TUESDAY, MARCH 13, 2001

2459

( ) NO

the amount of $112,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older or disabled?"

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 Canton. 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 877. By Representatives Parsons of the 40th, Franklin of the 39th, Hines of the 38th, Wix of the 33rd, Manning of the 32nd and others:
A BILL to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of the judges of the Juvenile 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.

HB 879. By Representatives Royal of the 164th, Sholar of the 179th, Bulloch of the 180th, Houston of the 166th and Scott of the 165th:
A BILL to create the South Georgia Governmental Services Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and

2460

JOURNAL OF THE HOUSE
operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; and for other purposes.

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

HB 881. By Representatives Richardson of the 26th and Murphy of the 18th:
A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to provide for residency requirements; to change the compensation of the chairperson and members of the commission; and for other purposes.

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

HB 882. By Representative Skipper of the 137th:
A BILL to amend an Act creating the Sumter County Livestock Authority, so as to change the provisions relating to the membership 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 884. By Representative Houston of the 166th:
A BILL to establish the Adel/Cook County Tourism Authority; and for other purposes.

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

TUESDAY, MARCH 13, 2001

2461

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 following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 237 by striking line 8 on page 2 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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

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.

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.

2462

JOURNAL OF THE HOUSE

On the passage of the Bills, 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
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 E Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Collins Y Connell Y Cooper

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 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 E Henson Y Hines Y Holland Y Holmes
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
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 Millar Y Mills Mobley Y Morris Y Mosley

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

Y Smith, C 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 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 Bills, the ayes were 141, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Jenkins of the 110th 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.

TUESDAY, MARCH 13, 2001

2463

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following bills of the House:
HB 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.
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.
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.
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.
HB 676. By Representatives Coleman of the 80th, Callaway of the 81st and Rice of the 79th:

2464

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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.
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:

TUESDAY, MARCH 13, 2001

2465

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.
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.
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.
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.

2466

JOURNAL OF THE HOUSE

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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.

TUESDAY, MARCH 13, 2001

2467

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has disagreed to the House substitutes to the following bills of the Senate:
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.
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.

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

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

2468

JOURNAL OF THE HOUSE

Representative Cox of the 105th arose to a point of personal privilege and addressed the House.

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

HR 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 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.

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.

HR 504. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending the Crisp Academy Debate Team and inviting the team to appear before the House of Representatives; and for other purposes.

TUESDAY, MARCH 13, 2001

2469

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

HR 565. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A RESOLUTION congratulating the Dougherty Comprehensive High School basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 566. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A RESOLUTION commending the Westover High School basketbal team and inviting the 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 Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read:

2470

JOURNAL OF THE HOUSE

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 definitions; to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to provide driver training requirements for certain license applicants; to regulate the means by which such requirements may be satisfied; 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; to change certain provisions relating to licensing exemptions; 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 provide effective dates; to provide for a report; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-0.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking paragraph (15) of Code Section 40-5-1, relating to definitions, and inserting in lieu thereof the following:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:
(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or (B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with documented proof of legal authorization from the U.S. Immigration and Naturalization Service."
SECTION 1-1. Said chapter is further amended by adding to Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, a new subsection (a.2) to read as follows:
"(a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D drivers license or, in the case of a person who has never been issued a Class

TUESDAY, MARCH 13, 2001

2471

D drivers license by the department or the equivalent thereof by any other jurisdiction, any initial Class C drivers license unless such person:
(A) Has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 20 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or legal guardian of the applicant or by the applicant if such person is at least 18 years of age;
(A.1)(i) Has completed an approved driver education course provided through means of distance learning by a licensed private or public driver training school and in addition a cumulative total of at least 30 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or legal guardian of the applicant or by the applicant if such person is at least 18 years of age. (ii) Any driver training school offering instruction through means of distance learning for purposes of this subparagraph shall be an entity having an office in this state open to the public during normal business hours and shall have been licensed for a continuous period of at least five years prior to offering any instruction through means of distance learning for purposes of this subparagraph. (iii) Any such driver training school shall remit to the department an administrative fee of $10.00 for each student enrolled in a distance learning program provided by such school. Such fee shall be paid not later than 30 days after the date of enrollment. (iv) Any such driver training school shall maintain a local or toll-free telephone number available for use by an applicant enrolled in such distance learning course to obtain technical assistance with the program 24 hours per day. (v) Any such driver training school shall provide each person successfully completing such distance learning program a numbered completion certificate, which shall be electronically transmitted, postmarked by the United States Postal Service, or sent by statutory overnight delivery not later than five business days after the course completion date. (vi) Upon request, any such driver training school shall provide the department with any necessary access code or key to enable the department to access any computer, server, or other electronic device used to store data or provide certificates of completion to applicants who have enrolled in any course required of an applicant for purposes of this subparagraph. (vii) For purposes of this subparagraph, the term 'distance learning' means the use of Internet or World Wide Web based computer systems or other electronic delivery systems or programs providing information or instruction to students and utilizing access security measures designed to prevent fraudulent use by or false identification of a student; or (B) Has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing

2472

JOURNAL OF THE HOUSE

signed before a person authorized to administer oaths by a parent or legal guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that the alternative provided by this subparagraph shall not be available for any applicant for an initial Class D drivers license who is less than 17 years of age and resides in any county having a population of 500,000 or more according to the United States decennial census of 2000 or any future such census. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraphs (A) and (A.1) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles. (3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver."
SECTION 1-2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, and inserting in lieu thereof the following:
"(b)(1) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D drivers license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D drivers license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or drivers license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or drivers license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or drivers license toward meeting the eligibility requirements for a Class D drivers license the same as if such previously issued permit or drivers license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D drivers license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) The Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. 12:00

TUESDAY, MARCH 13, 2001

2473

Midnight and 5:00 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless:
(i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis; (ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student; (iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or (iv) For the purpose of a medical, fire, or law enforcement related emergency; and (B) Any The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers one other passenger in the vehicle who are not members is not a member of the drivers immediate family are is less than 21 years of age; and, during the 90 day period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the drivers immediate family; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph paragraph alone but may be charged with violating this subparagraph paragraph in addition to any other traffic offense. (2)(3) A person who has been issued a Class D drivers license under this subsection and has never been issued a Class C drivers license under this chapter will become eligible for a Class C drivers license under this chapter only if such person has a valid Class D drivers license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C drivers license, has not been convicted of a violation of Code Section 40-6-391, 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, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age."
SECTION 1-3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, and inserting in lieu thereof the following:
"(a)(1) The department shall examine every applicant for a drivers license. Such examination shall include a test of the applicants eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may shall also include an actual demonstration of a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. Applicants 18 years of age and older with

2474

JOURNAL OF THE HOUSE

valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (2) As shall be prescribed by rule or regulation of the department, any driver training instructor licensed under Chapter 13 of Title 43 may act as a drivers license examiner on behalf of the department in lieu of a department employee for purposes of this subsection and may charge the drivers license applicant a fee not exceeding $50.00 for providing such service."
PART II SECTION 2-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a licensed driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27."
SECTION 2-2. Said chapter 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:

TUESDAY, MARCH 13, 2001

2475

"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; provided, however, that a person whose drivers license has been suspended under this Code section other than for a violation of Code Section 40-6-391 shall be eligible for and may be issued a Class P instruction permit during the last 60 days of the suspension period provided by this Code section. 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:

2476

JOURNAL OF THE HOUSE

(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 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."

TUESDAY, MARCH 13, 2001

2477

PART III SECTION 3-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a licensed driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27."
SECTION 3-2. Said chapter 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; provided, however, that a person whose drivers license has been suspended under this Code section other than for a violation of Code Section 40-6-391 shall be eligible for and may be issued a Class P instruction permit during the last 60 days of the suspension period provided by this Code section. A plea

2478

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 13, 2001

2479

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 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."
PART IV SECTION 4-1.
(a) This Act shall become effective on January 1, 2002, except as otherwise provided by subsections (b) and (c) of this section. (b) Paragraph (1) of subsection (a) of Code Section 40-5-27 as amended by Section 1-3 of this Act shall become effective six months after the effective date of appropriation by the General Assembly of sufficient funds for such purpose. (c) 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 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 4-1A. The Department of Public Safety or the Department of Motor Vehicle Safety, whichever

2480

JOURNAL OF THE HOUSE

is applicable, shall study the effectiveness of the driver training alternatives provided by paragraph (1) of subsection (a.2) of Code Section 40-5-22 as enacted by this Act and shall report its findings and recommendations to the General Assembly not later than January 31, 2003.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stallings of the 100th moves to amend the Committee substitute to SB 1 as follows:
On page 3, line 32, add:
"With the exception of an advanced driver's education course on a closed circuit."

The following amendment was read and lost:

Representative Millar of the 59th moves to amend the Committee substitute to SB 1 as follows:
P. 4, lines 21 and 22, delete "12:00 midnight", replace with "11:00 PM".

The following amendments were read and adopted:

Representative Rice of the 79th moves to amend the Committee substitute to SB 1 as follows:
Page 12, line 20, remove '2003' and insert '2004'.

Representatives Massey of the 86th et al. move to amend the Committee substitute to SB 1 as follows:
Amend page 4 by deleting lines 32-34 and inserting in lieu thereof the following:

TUESDAY, MARCH 13, 2001

2481

"Public roads, streets, or highways of this state with more than 2 persons of the same gender, under 21 years of age, including the driver of the vehicle, and in the vehicle at the same time, other than members of the driver's immediate family; and during the 90 day period"
Renumber accordingly.

The following amendment was read:

Representative Willard of the 44th moves to amend the Committee substitute to SB 1 as follows:
Page 3, line 21, after "17 years of age" put a period and strike remainder of sentence.

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

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

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

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 N Keen N Knox N Lane N Lanier Y Lewis N Lord
Lucas N Lunsford N Maddox N Mangham E Mann Y Manning N Martin N Massey N McBee N McCall Y McClinton

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

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 Y Stancil Y Stanley
Stanley-Turner N Stephens Y 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 N Westmoreland N Wiles

2482
N Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Holland Y Holmes N Houston N Howard N Hudgens N Hudson, N

N McKinney Y Millar N Mills N Mobley N Morris N Mosley

N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

Y Wilkinson Y Willard Y Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 44, nays 126. The amendment was lost.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to SB 1 as follows:
Page 4, line 21 and line 22, strike new language and restore original language.

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

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 N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Burmeister N Byrd

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

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 N Kaye N Keen N Knox N Lane Y Lanier N Lewis Y Lord
Lucas N Lunsford N Maddox N Mangham E Mann
Manning

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 N Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal
Sailor

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 N Squires N Stallings N Stancil N Stanley
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

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

TUESDAY, MARCH 13, 2001

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

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

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

2483
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 18, nays 152. The amendment was lost.

The following amendment was read:

Representatives Bohannon of the 139th and Cox of the 105th move to amend the Committee substitute to SB 1 by striking the word "or" at the end of line 29 on page 4 and inserting in its place the word "or".
By striking on line 30 on page 4 the word "and" and inserting in its place the words "and or".
By inserting between lines 30 and 31 on page 4 the following:
"(v) For the purpose of babysitting or other personal assistance work as a volunteer or for pay; and".

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

Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs

Y Cox N Crawford N Cummings N Davis E Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner

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

Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster Y Poag N Porter N Powell N Purcell

N Smith, C Y 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

2484
Y Bohannon N Bordeaux N Borders N Bridges Y 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 N Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the amendment, the ayes were 32, nays 138. The amendment was lost.

The following amendment was read:

Representative Bohannon of the 139th moves to amend the Committee substitute to SB 1 by striking the word "or" at the end of line 29 on page 4.
By striking on line 30 on page 4 the word "and" and inserting in its place the word "or".
By inserting between lines 30 and 31 on page 4 the following:
"(v) Such driving is sanctioned by a parent or guardian who has provided a valid signed consent statement to the driver; and".

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

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

TUESDAY, MARCH 13, 2001

N Cox N Crawford N Cummings N Davis E 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 N Golick 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 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 N Knox N Lane N Lanier N Lewis N Lord N Lucas N Lunsford N Maddox N Mangham E Mann Y Manning N Martin N Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley

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 N Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor N Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

2485
N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V
Smyre N Snelling N Snow N Squires N Stallings Y Stancil N Stanley
Stanley-Turner N Stephens N Stokes N Stuckey Y Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Wiles N Wilkinson N Willard Y Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 33, nays 139. 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.

2486

JOURNAL OF THE HOUSE

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

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 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 E 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

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 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
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y 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, 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 Sanders of the 107th 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.

TUESDAY, MARCH 13, 2001

2487

The Speaker announced the House in recess until 1:15 o'clock this afternoon.

2488

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 570. By Representatives Stancil of the 16th, Murphy of the 18th, Pinholster of the 15th, Walker of the 141st, Ehrhart of the 36th and others:
A RESOLUTION recognizing and commending Tony's Gang Foundation, Inc.; and for other purposes.

HR 571. By Representative Pelote of the 149th: A RESOLUTION commending Lauren Cummings; and for other purposes.

HR 572. By Representative Ashe of the 46th:
A RESOLUTION commending the finalists in the Academic Bowl for Middle Grades; and for other purposes.

HR 573. By Representatives Murphy of the 18th, Buck of the 135th, Walker of the 141st, Smyre of the 136th, Coleman of the 142nd and others:
A RESOLUTION in memory of Glenn Wilson "Jack" Ellard; and for other purposes.

HR 574. By Representatives Smith of the 19th and Floyd of the 138th:
A RESOLUTION expressing regret at the tragic passing of members of the Florida Army National Guard and Virginia Air National Guard; and for other purposes.

TUESDAY, MARCH 13, 2001

2489

HR 575. By Representative Lewis of the 14th:
A RESOLUTION commending Doug's Restaurant in Emerson, Georgia; and for other purposes.

HR 576. By Representative Mills of the 21st:
A RESOLUTION recognizing and commending Dr. James W. Austin; and for other purposes.

HR 577. By Representatives Seay of the 93rd, Teague of the 58th, Brooks of the 54th, Smyre of the 136th, McKinney of the 51st and others:
A RESOLUTION recognizing the Frederick Douglass High School Class of 1971; and for other purposes.

HR 578. By Representatives Seay of the 93rd, Teague of the 58th, Brooks of the 54th, Smyre of the 136th, McKinney of the 51st and others:
A RESOLUTION honoring John Calvin Martin, Jr., on the occasion of his seventieth birthday; and for other purposes.

HR 579. By Representative Reese of the 85th:
A RESOLUTION recognizing and commending Carla Whitehead; and for other purposes.

HR 580. By Representative Campbell of the 42nd:
A RESOLUTION recognizing the Zion Missionary Baptist Church; and for other purposes.

HR 581. By Representative Lewis of the 14th:
A RESOLUTION commending the Kappa Sigma Fraternity; and for other purposes.

2490

JOURNAL OF THE HOUSE

HR 582. By Representatives Stallings of the 100th and West of the 101st: A RESOLUTION commending and congratulating Mrs. Loraine Chalker; and for other purposes.
HR 583. By Representative Ashe of the 46th: A RESOLUTION commending Kyle Pease; and for other purposes.
HR 584. By Representative Channell of the 111th: A RESOLUTION congratulating Mrs. Willie Mathis Jackson on the occasion of her eighty-sixth birthday; and for other purposes.
HR 585. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A RESOLUTION commending Dr. James Lee Cross; and for other purposes.
HR 586. By Representatives Wilkinson of the 43rd, Campbell of the 42nd, Willard of the 44th and Irvin of the 45th: A RESOLUTION commending Laura Lee Huttenbach; and for other purposes.
HR 587. By Representatives Wilkinson of the 43rd and Twiggs of the 8th: A RESOLUTION expressing regret at the passing of Mr. Donald Harris; and for other purposes.
HR 588. By Representatives Wilkinson of the 43rd and Irvin of the 45th: A RESOLUTION congratulating Mr. and Mrs. Claus Halle on their 50th wedding anniversary; and for other purposes.

TUESDAY, MARCH 13, 2001

2491

HR 589. By Representatives Brooks of the 54th, McKinney of the 51st, Seay of the 93rd and Teague of the 58th:
A RESOLUTION honoring the life and achievements of David Smith; and for other purposes.

HR 590. By Representative Squires of the 78th:
A RESOLUTION commending Mr. Herbert C. Green; and for other purposes.

HR 591. By Representatives Sims of the 167th, Murphy of the 18th, Walker of the 141st, Westmoreland of the 104th, Smyre of the 136th and others:
A RESOLUTION commending Honorable Neil Sims; and for other purposes.

HR 592. By Representative Lane of the 146th:
A RESOLUTION recognizing Law's High Noon as the 2001 National Field Trial Champion; 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 Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown

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

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

Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Powell Y Purcell Y Ragas Randall Y Ray Y Reece Reed Y Reese Y Reichert

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

2492
Y Buck Buckner
Y Bulloch Bunn
Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Cash Y Channell Childers Y Coan Y Coleman, B Y Coleman, T Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines
Holland Holmes Houston Howard Hudgens Y Hudson, N

Lord Lucas Y Lunsford Y Maddox Mangham E Mann Y Manning Martin Y Massey Y McBee McCall McClinton McKinney Y Millar Y Mills Mobley Morris Y Mosley

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
Sholar Y Sims
Sinkfield Y Skipper
Smith, B

Teague Y Teper Y Tillman
Turnquest Y Twiggs
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 adoption of the Resolutions, the ayes were 111, nays 0. The Resolutions were 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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 569. By Representative Bell of the 25th:
A RESOLUTION commending the Jefferson High School Lady Dragons Basketball Team and inviting the team and the 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 and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 435. By Representatives Walker of the 141st, Parrish of the 144th, Smyre of the 136th and Stancil of the 16th:

TUESDAY, MARCH 13, 2001

2493

A RESOLUTION encouraging financial institutions to provide inclusive representation on their governing boards and among their officers; 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 Y Anderson Y Ashe
Bannister 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 Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Byrd N 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 N Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson N Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

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

Mueller Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Poag Porter Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert N Rice Y Richardson N Roberts, D Roberts, L Y Rogers Y Royal Y 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 Smith, C.W
Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper 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 N Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 120, nays 18.

2494

JOURNAL OF THE HOUSE

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

Representatives Jenkins of the 110th 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.

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.

The report of the Committee, which was favorable to the 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
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 N Burkhalter

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

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

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

Y Smith, C 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 Y Stokes Y Stuckey Y Taylor Y Teague N Teper Tillman Y Turnquest Y Twiggs

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

TUESDAY, MARCH 13, 2001

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

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

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

2495
N Unterman Y Walker, L N Walker, R.L Y Watson Y West
Westmoreland N Wiles Y Wilkinson Y Willard N Williams Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 114, nays 31. The Bill, having received the requisite constitutional majority, was passed.

Representative Coleman of the 80th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following amendment was read:

Representative Bunn of the 74th moves to amend SB 14 as follows:
Page 2, line 2, remove the period after "$10,000".
Add "; or" (9) An exempted employee or employer under the Federal Fair Labor Standards Act.

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

2496

JOURNAL OF THE HOUSE

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 E 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
Dean Deloach, B Y Deloach, G Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd E Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard N Heckstall N Hembree 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 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 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 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 Stephens N Stokes N Stuckey Y 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 Wilkinson Y Willard N Williams N Wix Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 63, nays 99. The amendment was lost.

Representative Greene of the 158th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

TUESDAY, MARCH 13, 2001

2497

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 Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd E Callaway N 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 E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E 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 Y Joyce N Kaye N Keen Y Knox N Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee N 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 N Pinholster
Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice Y 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 N 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 N Stancil Y Stanley
Stanley-Turner 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 N Williams Y Wix N Yates Murphy, Speaker

On the passage of the Bill, the ayes were 144, nays 21. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smith of the 19th and Stephens of the 150th 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.

2498

JOURNAL OF THE HOUSE

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 report of the Committee, which was favorable to the 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 Channell

Y Cox Y Crawford Y Cummings Y Davis E 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 E 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 Y Jenkins Y Jennings
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 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 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
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 Y Connell Y Cooper

TUESDAY, MARCH 13, 2001

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 Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

2499
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.

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.

The Speaker Pro Tem assumed the Chair.

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.

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 Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black

Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y 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 N Pinholster
Poag Y Porter Y Powell

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

2500
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 Y Byrd N 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 Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd N Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E 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 Jordan N Joyce Y Kaye Y Keen
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
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 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

Y Stallings N 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 N Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 152, nays 13. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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.

TUESDAY, MARCH 13, 2001 The following amendment was read and adopted:

2501

Representative Bohannon of the 139th moves to amend HR 142 by adding between lines 17 and 18 on page 1 the following:
"WHEREAS, approximately 1,100 people from the State of Georgia suffered in prison camps or were forced to work in Japanese industries during World War II; and".

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

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

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
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 E 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 Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y 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 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 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 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
Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes
Stuckey 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 Willard Y Williams Y Wix Y Yates Murphy, Speaker

2502

JOURNAL OF THE HOUSE

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

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 report of the Committee, which was favorable to the 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 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 Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall

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 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 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 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
Connell Y Cooper

TUESDAY, MARCH 13, 2001

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

Y McBee McCall
Y 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

2503
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 Hudgens of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 594. By Representatives Coleman of the 80th and Coan of the 82nd:
A RESOLUTION commending the Collins Hill High School Eagles girls basketball team; and for other purposes.

HR 595. By Representatives Coleman of the 80th and Coan of the 82nd:
A RESOLUTION inviting the coaches and players of the Collins Hill High School Eagles girls basketball team to appear before the House of Representatives; and for other purposes.

HR 596. By Representatives Coan of the 82nd and Unterman of the 84th:
A RESOLUTION commending the Central Gwinnett Girls Basketball Team on winning the Class AAAA State Championship and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

2504

JOURNAL OF THE HOUSE

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 503 Do Pass HR 569 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 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.
HR 569. By Representative Bell of the 25th:
A RESOLUTION commending the Jefferson High School Lady Dragons Basketball Team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.
Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:

TUESDAY, MARCH 13, 2001

2505

Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 246 Do Pass SB 274 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 213 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 53rd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 186 Do Pass

2506

JOURNAL OF THE HOUSE
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 98 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 205 Do Pass, by Substitute

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

Representative Epps of the 131st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:

TUESDAY, MARCH 13, 2001

2507

Your Committee on Regulated Beverages 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 99 Do Pass, by Substitute
Respectfully submitted, /s/ Epps of the 131st
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 150 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
Representative Westmoreland of the 104th arose to a point of personal privilege and addressed the House.
Representative Mobley of the 69th arose to a point of personal privilege and addressed the House.
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.

2508

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, March 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 Ashe Bannister Bell Birdsong Boggs Bohannon Borders Bridges Brooks Broome Brown Burkhalter Burmeister Byrd Callaway Childers Coan E Coleman, B Connell Cummings E Day

Deloach, B Deloach, G Ehrhart Everett Forster Franklin Graves Greene Hammontree Hanner Harrell Hines Holland Houston Howard Hudgens Hudson, N Hugley Irvin Jackson, B James Jennings

Johnson Jordan Joyce Kaye Keen Knox Lanier Lewis Lord Lunsford Maddox Mangham E Mann Manning McCall McClinton McKinney Mills Morris Mosley Orrock Parrish

Parsons Pelote Pinholster Porter Powell Ragas Randall Reece Reese Rice Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Smith, B

Smith, C.W Smith, L Smith, P Smith, T Smith, V Snelling Stallings Stephens Stokes Teper Tillman Twiggs Walker, R.L Watson West Westmoreland 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, Barnard of the 154th, Barnes of the 97th, Black of the 178th, Bordeaux of the 151st, Buck of the 135th, Buckner of the 95th, Bulloch of the 180th, Bunn of the 74th, Cash of the 108th, Channell of the 111th, Collins of the 29th, Cooper of the 31st, Cox of the 105th, Crawford of the 129th, Davis of the 60th, Dix of the 76th, Dodson of the 94th, Dukes of the 161st, Floyd of the 138th, Golick of the 30th, Harbin of the 113th, Heard of the 89th, Heckstall of the 55th, Hembree of the 98th, Henson of the 65th, Hudson of the 120th, Jackson of the 148th, Jamieson of the 22nd, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Massey of the 86th, McBee of the 88th, Millar of the 59th, Mobley of the 69th, Mueller of the 152nd, Purcell of the 147th, Ray of the 128th, Reed of the 52nd, Reichert of the

WEDNESDAY, MARCH 14, 2001

2509

126th, Sholar of the 179th, Sinkfield of the 57th, Smith of the 175th, Smyre of the 136th, Snow of the 2nd, Stancil of the 16th, Stanley of the 49th, Stanley of the 50th, Taylor of the 134th, Teague of the 58th, Turnquest of the 73rd, Unterman of the 84th, Walker of the 141st and Wiles of the 34th.
They wish to be recorded as present.

Prayer was offered by the Reverend Leah T. Gunning, Assistant Pastor, St. Timothy United Methodist Church, Stone Mountain, 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:

2510

JOURNAL OF THE HOUSE

HB 911. By Representative Heard of the 89th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions excluding nonresident individuals from certain preferential ad valorem property tax assessments; and for other purposes.

Referred to the Committee on Ways & Means.

HB 912. By Representative Burkhalter of the 41st:
A BILL to amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to the transfer from county retirement system to the Employees' Retirement System of Georgia of contributions made as juvenile detention facility employee, credit for past service, payment of contributions, and eligibility, so as to provide that a member of the Employees' Retirement System of Georgia who is a former juvenile detention facility employee and who failed to obtain creditable service in such retirement system at the time he or she became a member but who withdrew his or her contributions from a county retirement system may obtain such creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 913. By Representative Wix of the 33rd:
A BILL to amend Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public utilities in connection with the regulation of maintenance and use of public roads generally, so as to provide that when any political subdivision of this state intends to abandon a public road or highway and to sell, lease, or otherwise convey ownership to such property, such political subdivision may request a utility to remove any underground or overhead utility system including, but not limited to, any electric, telecommunications, natural gas, or water or sewage distribution system which was previously installed in the right of way of said abandoned road or highway; and for other purposes.

WEDNESDAY, MARCH 14, 2001 Referred to the Committee on Industry.

2511

HB 916. By Representatives Brooks of the 54th, Teague of the 58th, Jackson of the 148th, Orrock of the 56th and Pelote of the 149th:
A BILL to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Labor Relations Commission; to provide for the composition, appointment, and terms of officers; to amend Code Section 45-7-54 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 917. By Representatives Willard of the 44th, Stuckey of the 67th and Martin of the 47th:
A BILL to amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to enact the "Standby Guardianship Act"; and for other purposes.

Referred to the Committee on Judiciary.

HB 925. By Representative Holland of the 157th:
A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for an appointment of a city manager; to provide for the method of appointment and removal of the city manager; to establish the qualifications, powers, and duties of the city manager; to modify the powers of the mayor; to increase the compensation of the mayor and council; and for other purposes.

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

2512

JOURNAL OF THE HOUSE

HR 564. By Representative Greene of the 158th:
A RESOLUTION urging governmental agencies to ensure adequate water supplies for turfgrass and environmental horticulture; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 567. By Representatives Ray of the 128th, Floyd of the 138th, Hanner of the 159th and Purcell of the 147th:
A RESOLUTION urging all state agencies and departments to use turfgrass sod to establish groundcover following road and building construction projects; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 568. By Representatives Ray of the 128th, Floyd of the 138th, Hanner of the 159th, Royal of the 164th and Purcell of the 147th:
A RESOLUTION creating the House Agricultural Water Conservation Incentive Program Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 593. By Representatives Coleman of the 142nd, Crawford of the 129th, Epps of the 131st and Davis of the 60th:
A RESOLUTION urging the Supreme Court of Georgia to accept the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School for a vacation, or in the alternative, a suspension of the Order mandating that all applicants for the Georgia Bar Examination attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.

Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 14, 2001

2513

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

HB 900 HB 901 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908 HB 909 HB 910

HB 914 HB 915 HB 918 HB 919 HB 920 HB 921 HB 922 HB 923 HB 924 HR 562 HR 563

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 210 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

2514

JOURNAL OF THE HOUSE

SB 130 Do Pass, by Substitute SB 139 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:

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

HR 517 HR 518 HR 565 HR 566

Do Pass Do Pass Do Pass Do Pass

HR 594 Do Pass HR 595 Do Pass HR 596 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 876 HB 888 HB 889 HB 890

Do Pass Do Pass Do Pass Do Pass

HB 895 HB 896 HB 897 HB 898

Do Pass Do Pass Do Pass Do Pass

WEDNESDAY, MARCH 14, 2001

2515

HB 891 HB 892 HB 893 HB 894

Do Pass Do Pass Do Pass, by Substitute Do Pass

HB 899 SB 289 SB 301 SB 304

Do Pass, by Substitute 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 WEDNESDAY, MARCH 14, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

HR 434 SB 16
SB 33
SB 34 SB 52
SB 147
SB 196

Election reform; urge Congress recognize need and appropriate funding Financial Institutions; change regulations; licensing and registration (Cheeks - 23rd) Prostitution; offenses of pimping and pandering of a minor; increase penalties (James - 35th) 2001 Crime Prevention Act; enact (Hecht - 34th) Public Accommodations; access or admission to motorcycle patrons (Thomas - 10th) Municipal Courts; sessions held within the county but outside city (Starr 44th) Certain State Authorities, Advisory Boards, Councils, Commissions and Committees; abolishment (Golden - 8th)

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

2516

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 876. By Representatives Snow of the 2nd, Forster of the 3rd and Joyce of the 1st:
A BILL to amend an Act providing a new charter for the City of Fort Oglethorpe, so as to abolish the office of city manager; to provide that the office of mayor shall be a full-time position; to provide for the powers and duties of the mayor; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 888. By Representative Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Hancock County, so as to change the base annual salary of the chairperson 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.
HB 889. By Representative Hudgens of the 24th:
A BILL to amend an Act establishing a salary for the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions regarding the compensation of the coroner; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 14, 2001

2517

HB 890. By Representative Hudgens of the 24th:
A BILL to provide for filling vacancies in the office of Sheriff of Madison County; and for other purposes.

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

HB 891. By Representative Stokes of the 92nd:
A BILL to provide a new charter for the City of Oxford; and for other purposes.

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

HB 892. By Representatives Jackson of the 112th and Harbin of the 113th:
A BILL to amend an Act providing a new charter for the City of Harlem, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes.

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

HB 893. By Representatives Stokes of the 92nd and Smith of the 91st:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To provide a new charter for the Town of Newborn; to provide for incorporation,

2518

JOURNAL OF THE HOUSE

boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, a police chief, a fire chief, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Town of Newborn, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries as stated in charter of 1913.
Said corporation, the Town of Newborn, shall include all the territory embraced in the circle whose center shall be at the point of the junction of Georgia Highway 142 (formerly Main Street) and Johnson Street, as said highway and street are currently designated in said town, and whose radius shall be three-fourths of a mile in length and said corporation shall include the area in said circle which lies within the County of Newton.

WEDNESDAY, MARCH 14, 2001

2519

SECTION 1.12. Municipal powers and construction.
(a) This town shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.
SECTION 1.13. Examples of powers.
The powers of this town shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (2) Alcoholic beverages. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said town shall be regulated by the Town of Newborn as provided by law. The mayor and council of Newborn shall have power or authority to license the sale thereof, consistent with the laws of the State of Georgia, and it shall be their duty to enforce this by the enactment of necessary ordinances with suitable penalties for violation; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (4) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (5) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such

2520

JOURNAL OF THE HOUSE

licenses and taxes; and to revoke such licenses after due process for failure to pay any town fees or taxes; (7) Cemeteries. The mayor and council shall have jurisdiction over all cemeteries belonging to or located in said town, and may provide by ordinance for a public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees, and any and every thing pertaining to the care and operation of such cemeteries; (8) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (9) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (10) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (11) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (12) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (13) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in said town or doing business therein and benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (14) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (15) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (16) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

WEDNESDAY, MARCH 14, 2001

2521

(17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the mayor and council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a firefighting agency;

2522

JOURNAL OF THE HOUSE

(28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;

WEDNESDAY, MARCH 14, 2001

2523

(36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and drugs, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (41) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (42) Trees. To adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, and parks in said town and to prevent the cutting, impairing, or mutilations thereof by telephone, telegraph, or electric light linemen or employees or any other person unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety; (43) Urban redevelopment. To organize and operate an urban redevelopment program; (44) Vehicles for hire. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (45) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into

2524

JOURNAL OF THE HOUSE

execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. Town council terms and qualifications for office.
The members of the town council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town for 12 months prior to the date of qualification for the election of mayor or councilmember, as the case may be. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town.
SECTION 2.12. Vacancy; suspensions; filling of vacancies.
(a) Vacancy. The office of mayor or councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the

WEDNESDAY, MARCH 14, 2001

2525

office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the mayor and council. A failure to take the oath of office within 15 days after the first day of January, unless for providential cause, shall operate to vacate the office of the mayor or councilmember. (b) Suspension. Upon the suspension from office of the mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and council, or those remaining, shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (c) Filling vacancy. In the event of a vacancy in the office of mayor or councilmember prior to the expiration of a regular term of office, the remaining councilmembers and mayor, as provided in subsection (a) of this section, shall fill the vacant office for the unexpired term, provided that the person or persons selected shall meet the requirements of Section 2.11 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested,

2526

JOURNAL OF THE HOUSE

directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests in any legal action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in the matter pending before mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in town government during the term for which he or she was elected. (g) Penalties for violation. (1) Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the town who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.

WEDNESDAY, MARCH 14, 2001

2527

The mayor and council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by mayor and council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the mayor and council.
Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of this town as provided by Article I of this charter.
SECTION 2.17. Eminent domain.
The mayor and council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the town and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The mayor and council shall hold an organizational meeting on the first Monday of their term of office, unless such date falls on a holiday, then on the second Monday. The meeting shall be called to order by a legal officer of the court, and the oath of office shall be administered to the mayor and councilmembers as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance or resolution.

2528

JOURNAL OF THE HOUSE

(b) Special meetings of the mayor and council may be held on call of the mayor or a minimum of two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible prior to such meetings.
SECTION 2.20. Rules of procedure.
(a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees, boards, and commissions of citizens shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time; each committee may appoint its own chairperson, if said chairperson has not been specially appointed by the mayor and council.
SECTION 2.21. Quorum; voting.
Three councilmembers, one of whom may be the mayor, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a rollcall vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum in attendance shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the Town of Newborn hereby ordains" and every ordinance shall so begin.

WEDNESDAY, MARCH 14, 2001

2529

(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by mayor and council in accordance with the rules which they shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as mayor and council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the mayor and council which have the force and effect of law shall be enacted by ordinance or resolution.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or a councilmember and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of a quorum shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. Code of technical regulations.
(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

2530

JOURNAL OF THE HOUSE

(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the council. (b) The mayor and council shall provide for the preparation of a general compilation of ordinances, as required under Georgia law, of all the ordinances of the town having the force and effect of law. The general compilation shall be adopted by the mayor and council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as "The Code of the Town of Newborn, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and council. Following publication of the first compilation under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as said first compilation and shall be suitable for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of the town and shall have been a resident of the town for 12 months prior to his or her qualification for his or her election. The mayor shall continue to reside in this town during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under

WEDNESDAY, MARCH 14, 2001

2531

the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the town. The mayor shall possess all of the executive and administrative power granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this town, the mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before mayor and council and be counted toward a quorum as any other councilmember; (6) Have prepared and submitted to the council a recommended annual operating budget and recommended capital budget; (7) Assign councilmembers to their committees of responsibilities at the first scheduled council meeting of the term of office; and (8) Fulfill such other executive and administrative duties as the mayor and council shall establish by ordinance.
SECTION 2.30. Mayor pro tempore; selection; duties.
By a majority vote, the mayor and council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayors disability or absence. The mayor and council by a majority vote shall elect a new presiding officer from among the councilmembers for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

2532

JOURNAL OF THE HOUSE

ARTICLE III ADMINISTRATIVE AFFAIRS A. Organization and General Provisions.
SECTION 3.10. Department heads.
(a) Except as otherwise provided in this charter, the mayor and council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and establish professional qualifications as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, all appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers shall receive such compensation as prescribed by ordinance or resolution. (d) The town clerk shall be the principal administrative officer of the Town of Newborn, subject to the direction and supervision of the mayor, and be responsible for the administration and direction of the affairs and operations of the town. (e) The mayor may suspend or remove any and all appointed town officials, but such suspension or removal shall not be final for 21 calendar days following the mayors giving written notice of such action and the reasons therefor to the appointed town official involved and to the town council. The appointed town official involved may appeal within 21 days to the council which, after a hearing, may override the mayors action by a vote of three councilmembers.
SECTION 3.11. Boards, commissions.
(a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions that the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town; this charter shall

WEDNESDAY, MARCH 14, 2001

2533

specifically permit elected town officials to serve on said boards, commissions, or authorities as an uncompensated member. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town may elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town, provided that the mayor and council did not specially appoint a chairperson at the time of appointment. Each board may pass rules and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations, as they exist, shall be filed with the clerk of the town.
B. Administrative Officers. SECTION 3.12. Town attorney.
The mayor and council shall appoint a town attorney at the first scheduled meeting of the calendar year for a term of one year, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be solicitor in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the towns affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney.
SECTION 3.13. Town clerk.
The mayor and council shall appoint a town clerk at the first scheduled meeting of the calendar year for a term of one year, who shall not be a councilmember. The town clerk shall be custodian of the official town seal; maintain town council records required by this charter; and perform such other duties as may be required by the town council.

2534

JOURNAL OF THE HOUSE

SECTION 3.14. Town treasurer.
The mayor and council may appoint a town treasurer at the first scheduled meeting of the calendar year for a term of one year to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. Chief of police.
The mayor and council may appoint a chief of police at the first scheduled meeting of the calendar year for a term of one year to perform the duties as the administrative officer of the police department and have all the powers of an arresting officer within the Town of Newborn; he or she shall further have all the powers usual and incident to such office; he or she shall have the power to serve all papers, summons, and citations and execute all writs and executions directed by the town and the State of Georgia; he or she shall perform all duties prescribed by state law and by this charter; and he or she shall carry out such other duties as the mayor and council may lawfully direct. The town through the mayor and council shall have the power to hire additional police officers to assist the chief of police in his or her duties and to act in his or her stead.
SECTION 3.16. Municipal judge.
The mayor and council may appoint a municipal judge at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to try all cases of violation of the town ordinances and perform such functions and acts as may be laid upon him or her by the provisions of this charter or shall be from time to time placed upon him or her by the ordinances or bylaws adopted by the mayor and council of the Town of Newborn.
SECTION 3.17. Fire chief.
The mayor and council may appoint a fire chief at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to perform the duties of the administrative officer of the fire department and have all the powers usual and incident to such office. The town through the mayor and council shall have the power to specify such powers through resolution as it sees fit and have the power to hire additional firefighters to assist the fire chief in his or her duties and to act in his or her stead.

WEDNESDAY, MARCH 14, 2001

2535

SECTION 3.18. Other administrative officers.
Nothing in Sections 3.12 through 3.17 of this charter shall prohibit the mayor and council from appointing other administrative officers as they deem necessary.
C. Personnel Administration. SECTION 3.19.
Position classification and pay plan.
The town clerk, upon direction from the mayor and council, shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Such plan shall apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.20. Personnel policies.
The mayor and council, upon the vote of a majority thereof, shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.
The mayor and council shall have authority to create by resolution a court to be known as the Municipal Court of the Town of Newborn.
SECTION 4.11. Judges.

2536

JOURNAL OF THE HOUSE

(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall have a high school diploma or its equivalent. The chief judge shall be nominated and appointed by the mayor and council and shall serve at the pleasure of the mayor and council. All other judges shall be nominated by the chief judge and appointed by the mayor and town council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the town council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of its charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a

WEDNESDAY, MARCH 14, 2001

2537

hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
A. General Law.

2538

JOURNAL OF THE HOUSE

SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
B. Election Of Officers. SECTION 5.11.
Election of mayor and councilmembers.
(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2001, and every four years thereafter. (b) There shall be elected all four councilmembers and the mayor at the next election under this new charter and at every other election thereafter.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any town office shall be elected.
SECTION 5.14. First election under this charter.
The first municipal election after the adoption of this charter shall be held in November, 2001, at which all councilmember positions, each of which shall be elected at large, shall be filled. All persons giving notice of candidacy for a town council seat shall designate the post being sought. All councilmember positions shall be filled at this first election for an initial term of four years and until their respective successors are elected and sworn in such that a continuing body is created. Each councilmember elected shall serve a full term as provided in Section 2.11 of this charter. The office of mayor shall be filled at the election in November, 2001, for an initial term of four years and until his or her successor is elected and sworn in such that continuing position of mayor is created. The mayor elected shall serve a full term as provided in Section 2.27 of this charter. The position of the mayor shall be filled every four years hereafter.
C. Other Provisions. SECTION 5.15. Other provisions.

WEDNESDAY, MARCH 14, 2001

2539

Except as otherwise provided by this charter, the mayor and council shall by resolution prescribe such rules and regulations as they deem appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of a mayor, councilmember, or appointed officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The mayor and council shall provide by ordinance for the manner in which such hearing shall be held. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Newton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Newton County following a hearing on a complaint seeking such removal brought by any resident of the Town of Newborn.
ARTICLE VI FINANCE
A. Taxation and Various Fees. SECTION 6.10. Property tax.
The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion.
SECTION 6.11. Millage rate; due date; payment methods.

2540

JOURNAL OF THE HOUSE

The mayor and council by resolution may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The mayor and council by resolution may provide for the payment of these taxes by voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business taxes.
The mayor and council by resolution shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory licenses, fees, permits.
The mayor and council by resolution shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and council by resolution may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The mayor and council shall have the power to grant franchises for the use of the towns streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the town receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The mayor and council may provide by resolution for the registration within a reasonable time of all franchises previously granted.

WEDNESDAY, MARCH 14, 2001

2541

SECTION 6.15. Services charges.
The mayor and council by resolution shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The mayor and council, by resolution, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The town shall be empowered to levy any other tax allowed now or hereafter by law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The mayor and council by resolution may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
B. Borrowing. SECTION 6.19. General obligation bonds.

2542

JOURNAL OF THE HOUSE

The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the mayor and council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies. Contracts must be executed in accordance with the requirements of Code Section 36-6013 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. The town may further enter into lease, purchase, and lease-purchase contracts for its property as is permitted by law.
C. Accounting and Budgeting. SECTION 6.23. Fiscal year.
The mayor and council shall set the fiscal year by resolution. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.
SECTION 6.24. Preparation of budget.
The mayor and council shall provide a resolution on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.

WEDNESDAY, MARCH 14, 2001

2543

SECTION 6.25. Submission of budget to town council.
On or before a date fixed by the mayor and council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget provided for in Section 6.24 of this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.
SECTION 6.26. Action by town council on budget.
(a) The mayor and council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council, by resolution, shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the mayor and council fail to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation resolution adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
Following adoption of the operating budget, the mayor and council shall levy by resolution such taxes as are necessary. The taxes and tax rates set by such resolution shall

2544

JOURNAL OF THE HOUSE

be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.
SECTION 6.28. Changes in appropriations.
The mayor and council, by resolution, may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
D. Procurement and Property Management. SECTION 6.30.
Contracting procedures.
No contract with the town shall be binding on the town unless it is made pursuant to procedures established by mayor and council and:
(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and council and such approval is entered in the town journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.31. Centralized purchasing.
The mayor and council shall by resolution prescribe procedures for a system of centralized purchasing for the town.
SECTION 6.32. Sale and lease of town property.

WEDNESDAY, MARCH 14, 2001

2545

(a) The mayor and council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights the town may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the mayor and council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the town and are not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council.
SECTION 7.12. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.

2546

JOURNAL OF THE HOUSE

SECTION 7.13. Definitions and construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.14. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, or part thereof be enacted separately and independent of each other.
SECTION 7.15. Specific repealer.
An Act providing a new charter for the Town of Newborn in the County of Newton, approved August 16, 1913, (Ga. L. 1913, p. 1065), and all amendatory Acts thereto are repealed in their entirety.
SECTION 7.16. Effective date.
This charter shall become effective on July 1, 2001.
SECTION 7.17. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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

HB 894. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:

WEDNESDAY, MARCH 14, 2001

2547

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 ad valorem taxes for municipal purposes and 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 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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 895. By Representative Smith of the 19th:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 896. By Representative Broome of the 160th:
A BILL to amend an Act creating the State Court of Early County, so as to provide that on and after January 1, 2005, the district attorney of the judicial circuit within which Early County is located shall represent the state in all criminal prosecutions brought in the State Court of Early County and shall perform the duties of the office of solicitor-general of the state court; and for other purposes.

2548

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 897. By Representative McCall of the 90th: A BILL to amend an Act providing for the composition of the Board of Education of Wilkes County and the election of members to such board, so as to provide for the compensation of the members of such 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 898. By Representatives Snow of the 2nd, Forster of the 3rd and Joyce of the 1st: A BILL to provide for a homestead exemption from all City of Fort Oglethorpe ad valorem taxes for municipal purposes in an amount not to exceed $40,000.00 of the assessed value of the homestead for certain residents of that school district who are totally disabled and whose annual net income does not exceed $14,000.00; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 899. By Representative Hudson of the 156th: A BILL to provide a new charter for the Town of Pineview; and for other purposes.
The following Committee substitute was read and adopted:
A BILL To provide a new charter for the Town of Pineview; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town

WEDNESDAY, MARCH 14, 2001

2549

and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Town of Pineview, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the town shall be those existing on July 1, 2001, with such alterations as may be made from time to time in the manner provided by law. The boundaries of the town at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the town clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the Town of Pineview, Georgia." Photographic, typed, or other copies of such map or description certified by the Town of Pineview shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description.

2550

JOURNAL OF THE HOUSE

(b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.
SECTION 1.13. Examples of powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (b) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades; (d) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter by enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town fees or taxes; (e) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;

WEDNESDAY, MARCH 14, 2001

2551

(g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire regulations.
(1) To levy, fix, assess, and collect a fire service fee, charge, or tax for such services as may be necessary to provide for protection of lives and property from individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner of collecting such service charges; and (2) To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in said town or doing business therein and benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (k) General health and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town;

2552

JOURNAL OF THE HOUSE

(p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (y) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (aa) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances;

WEDNESDAY, MARCH 14, 2001

2553

(bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To participate in established retirement plans sponsored by the state and other government related bodies for employees as deemed financially appropriate by the mayor and council; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands to curb or street and to impose penalties for failure to do so; (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on real estate owners to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

2554

JOURNAL OF THE HOUSE

(jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the owners thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban redevelopment. To organize and operate an urban redevelopment program; and (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

WEDNESDAY, MARCH 14, 2001

2555

SECTION 2.11. Mayor and town council terms and qualifications for office.
The mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for 12 months prior to the date of election of mayor or members of the council. Each such official shall continue to reside in the town during that members period of service and continue to be registered and qualified to vote in municipal elections of the town.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancy. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter by enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council as provided in Section 5.14 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. Except as authorized by law, neither the mayor nor any councilmember shall hold any other town office or town employment during the term for which that person was elected. Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office,

2556

JOURNAL OF THE HOUSE

or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the town council.
Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town.
SECTION 2.17. Eminent domain.
The town council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, cable television systems, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detention, penal, and medical institutions, agencies, facilities, and any other public improvements inside or outside the corporate limits of the town and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The town council shall hold an organizational meeting on the first regular meeting following each municipal election. The meeting shall be called to order by the town clerk and the oath of office shall be administered by the town attorney, the town clerk, or notary to any newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or a minimum of three members of the town council. Notice of such special meetings shall be served on

WEDNESDAY, MARCH 14, 2001

2557

all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the town council shall be appointed by the mayor and shall serve at their pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
The mayor or mayor pro tempore, town clerk, and three councilmembers shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a vote.
SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Pineview" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which they shall establish,

2558

JOURNAL OF THE HOUSE

except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall within five working days distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as town council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the town council which have the force and effect of law shall be enacted by ordinance or resolution.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

WEDNESDAY, MARCH 14, 2001

2559

(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerks signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Pineview, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be printed for incorporation therein. The town council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of the town and shall have been a resident of the town for 12 months preceding the election. The mayor shall continue to reside in this town during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmember.

2560

JOURNAL OF THE HOUSE

SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the town. The mayor shall possess all of the executive and administrative power granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove all officers and department heads of the town, except as otherwise provided by this charter and appoint and remove all employees in accordance with the administrative directive, personnel policy and procedures, and the employee conduct and discipline policy; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the town council a recommended operating budget and capital budget; (5) Submit to the town council at least once a year a statement covering the financial conditions of the town and, from time to time, such other information as the town council may request; (6) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the town council as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove of ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the town; (10) Require any department or agency of the town to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the town council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayors approval or with the mayors disapproval. If the

WEDNESDAY, MARCH 14, 2001

2561

ordinance has been approved by the mayor, it shall become law upon its return to the clerk. If the ordinance is neither approved nor disapproved, it shall become a law at twelve oclock Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the town council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next meeting. If the town council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayors veto as provided herein. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tempore; selection; duties.
By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore each year. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayors physical or mental disability or absence. The town council by a majority vote shall elect a new presiding officer from among the councilmembers for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.

2562

JOURNAL OF THE HOUSE

(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that directors department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner provided herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of that members office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the town council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.

WEDNESDAY, MARCH 14, 2001

2563

SECTION 3.12. Town attorney.
The town council shall appoint each year a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the towns affairs; and shall perform such other duties as may be required by virtue of the persons position as town attorney.
SECTION 3.13. Town clerk.
The town council shall appoint each year a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records; maintain town council records required by this charter; and perform such other duties as may be required by the town council. No provision of this charter shall prevent the town clerk from being an employee of the town.
SECTION 3.14. Position classification and pay plan.
The town personnel board as authorized by administrative directive shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan shall apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.15. Personnel policies.
All employees are subject to the administrative directive, personnel policy, and procedures, and the provisions of said policy shall govern the appointment, status, entitlements, duties, pay class, promotion, discipline, and termination of town employees.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

2564

JOURNAL OF THE HOUSE

There shall be one court in the town and it shall be known as "The Municipal Court of Pineview."
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the town council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $2,500.00 or imprisonment for not more than one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.

WEDNESDAY, MARCH 14, 2001

2565

(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that persons appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendants sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilcox County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules of the court.
With the approval of the town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

2566

JOURNAL OF THE HOUSE

ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.11. Election of town council and mayor.
(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining three town council seats shall be filled at the election alternating with the first election so that a continuing body is created. The terms of office shall begin on January 1 following the November election.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for the office of mayor shall be elected. In years in which three councilmembers are elected, the three candidates receiving the highest numbers of votes cast for the office of councilmember shall be elected. In the case of a tie for the third position of councilmember, a run-off election shall be held and the person receiving a plurality of the votes cast shall be elected. In years in which two councilmembers are elected, the two candidates receiving the highest numbers of votes cast for the office of councilmember shall be elected. In the case of a tie for the second position of councilmember, a run-off election shall be held and the person receiving a plurality of the votes cast shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the town council or those remaining shall appoint a successor of the remainder of the term.

WEDNESDAY, MARCH 14, 2001

2567

SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the town council shall by ordinance prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel, selected by the mayor and council, shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the town council to the Superior Court of Wilcox County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Wilcox County following a hearing on a complaint seeking such removal brought by any resident of the Town of Pineview.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion.

2568

JOURNAL OF THE HOUSE

SECTION 6.11. Millage rate; due dates; payment methods.
The town council by ordinance may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum as well as the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business taxes.
The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory licenses; fees; permits.
The town council by ordinance shall have the power to require businesses or practitioners doing business within the town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided in general law. Such fees shall reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
The town council shall have the power to grant franchises for the use of the towns streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of the towns streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership

WEDNESDAY, MARCH 14, 2001

2569

corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The town shall be empowered to levy any other tax or fee allowed now or hereafter by law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the town to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.

2570

JOURNAL OF THE HOUSE

The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the town at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.
SECTION 6.24. Preparation of budgets.
The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and

WEDNESDAY, MARCH 14, 2001

2571

a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to town council.
On or before a date fixed by the town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget herein provided for, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.
SECTION 6.26. Action by town council on budget.
(a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the current fiscal year. If the town council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The town council shall levy by ordinance such taxes as are necessary. The taxes and tax

2572

JOURNAL OF THE HOUSE

rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.
SECTION 6.28. Changes in appropriations.
The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital improvements budget.
(a) On or before the date fixed by the town council, but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the constructing of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the current fiscal year. No appropriation provided in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all of the town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

WEDNESDAY, MARCH 14, 2001

2573

SECTION 6.31. Contracting procedures.
No contract with a face value exceeding $500.00 shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; (3) It is made or authorized by the town council and such approval is entered in the town journal of proceedings pursuant to Section 2.20 of this charter; and (4) It is signed by the mayor or the mayor pro tempore.
SECTION 6.32. Centralized purchasing.
The town council shall by ordinance prescribe an administrative directive, contracting and purchasing policy, and procedures for a system of centralized purchasing for the town.
SECTION 6.33. Sale and lease of town property.
(a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights the town may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owners property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS

2574

JOURNAL OF THE HOUSE

SECTION 7.10. Bonds for officials.
The officers and employees of the town, both elected and appointed, shall execute such surety and fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this town not in conflict with this charter shall continue in force, unless amended or repealed, until June 30, 2003. Prior to that date, the town council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.26 is accomplished.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

WEDNESDAY, MARCH 14, 2001

2575

SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Pineview in the County of Wilcox, approved December 10, 1902, (Ga. L. 1902, p. 551), and all amendatory Acts thereto are repealed in their entirety.
SECTION 7.17. Effective date.
This charter shall become effective on July 1, 2001.
SECTION 7.18. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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

SB 289. By Senator Blitch of the 7th:
A bill to be entitled an Act to amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to vacancies in the

2576

JOURNAL OF THE HOUSE
membership of the board of commissioners; 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 301. By Senator Williams of the 6th:
A bill to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4328), so as to change the salary of the judge and solicitor; 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.

SB 304. By Senator Thomas of the 10th:
A bill to be entitled an Act to provide a new Charter for the City of Decatur, Georgia; to provide for incorporation, boundaries and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city manager and other personnel; 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.

WEDNESDAY, MARCH 14, 2001

2577

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

Y Cox Crawford Cummings
Y Davis 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
Heckstall Y Hembree
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 Massey Y McBee Y McCall McClinton McKinney Y Millar E 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
Randall Y Ray Y Reece
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 Sinkfield Y Skipper Y Smith, B

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

On the passage of the Bills, the ayes were 144, nays 1. The Bills, having received the requisite constitutional majority, were passed.

Representatives Collins of the 29th, Cummings of the 27th and Day of the 153rd 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.

2578

JOURNAL OF THE HOUSE

By unanimous consent, all Local Bills were immediately transmitted to the Senate.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following bills of the House:
HB 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.
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.
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.
HB 235. By Representatives Hanner of the 159th, Hudson of the 156th and Ray of the 128th:

WEDNESDAY, MARCH 14, 2001

2579

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.
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.
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.
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:
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.
HB 303. By Representatives Coleman of the 142nd, Smyre of the 136th and Walker of the 141st:
A BILL to amend Code Section 45-7-21of 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.

2580

JOURNAL OF THE HOUSE

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

WEDNESDAY, MARCH 14, 2001

2581

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

2582

JOURNAL OF THE HOUSE

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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
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.

WEDNESDAY, MARCH 14, 2001

2583

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.
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.
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.
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

2584

JOURNAL OF THE HOUSE

Official Code of Georgia Annotated, relating to local government; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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 Senate has agreed to the House substitutes to the following bills and resolution 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 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.
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 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,

WEDNESDAY, MARCH 14, 2001

2585

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.
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.

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

Representative Westmoreland of the 104th arose to a point of personal privilege and addressed the House.

Representative DeLoach of the 172nd arose to a point of personal privilege and addressed the House.

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

HR 517. By Representative Channell of the 111th:
A RESOLUTION commending the Gatewood School Lady Gators Basketball Team and inviting them to appear before the House of Representatives; and for other purposes.

HR 518. By Representative Channell of the 111th:
A RESOLUTION commending the Gatewood School Gators Basketball Team and inviting them to appear before the House of Representatives; and for other purposes.

2586

JOURNAL OF THE HOUSE

HR 565. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A RESOLUTION congratulating the Dougherty Comprehensive High School basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 566. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A RESOLUTION commending the Westover High School basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 594. By Representatives Coleman of the 80th and Coan of the 82nd:
A RESOLUTION commending the Collins Hill High School Eagles girls basketball team; and for other purposes.

HR 595. By Representatives Coleman of the 80th and Coan of the 82nd:
A RESOLUTION inviting the coaches and players of the Collins Hill High School Eagles girls basketball team to appear before the House of Representatives; and for other purposes.

HR 596. By Representatives Coan of the 82nd and Unterman of the 84th:
A RESOLUTION commending the Central Gwinnett Girls Basketball Team on winning the Class AAAA State Championship and inviting the team and its coaches 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 amendment thereto:

WEDNESDAY, MARCH 14, 2001

2587

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.

The following Senate amendment was read:

Amend HB 820 by striking "$7,500.00" and inserting in lieu thereof "$8,500.00" on line 12 of page 1.
By striking "$6,500.00" and inserting in lieu thereof "$7,500.00" on line 14 of page 1.

Representative Keen of the 174th moved that the House agree to the Senate amendment to HB 820.
On the motion the ayes were 120, nays 0.
The motion prevailed.

Representative Skipper of the 137th assumed the chair.

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

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

2588

JOURNAL OF THE HOUSE
powers of Georgia state banks; to change the provisions relating to thirdparty payment services.

Pursuant to Rule 134, Representative Day of the 153rd was excused from voting on SB 16.

The report of the Committee, which was favorable to the 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
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell E Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
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 Forster N Franklin Y Golick Y Graves Greene Y Hammontree Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes 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 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
Martin Y Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills Y Mobley 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
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
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
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 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

WEDNESDAY, MARCH 14, 2001 On the passage of the Bill, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed.

2589

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

SB 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.

The following Committee substitute was read and adopted:

A BILL
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 Council on the Deaf, the Workers Compensation Advisory Council, the Board of Boiler and Pressure Vessel Rules, the Advisory Board on Amusement Ride Safety, the Advisory Board on Carnival Ride Safety, the Georgia Hall of Fame Commission, and the Awards Committee of the Georgia Suggestion System; to provide for related matters; to repeal conflicting laws; and for other purposes.

2590

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to memorials, is amended by repealing and reserving Part 1 thereof, relating to the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission and related matters.
SECTION 2. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by repealing and reserving Part 6 thereof, known as the "Upper Savannah River Development Authority Act."
SECTION 3. Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, is amended by striking in its entirety Code Section 12-5-330, relating to the Resources Advisory Board, Southeast River Basins, and related matters, and inserting in its place the following:
"12-5-330. Reserved."
SECTION 4. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by repealing Code Sections 12-6-113, relating to the creation of the Georgia Forest Research Council; 12-6-114, relating to the appointment of members to the Georgia Forest Research Council; 12-6-115, relating to removal of members of the Georgia Forest Research Council; 12-6-116, relating to the election of the chairman of the Georgia Forest Research Council; 12-6-117, relating to the establishment of a quorum for the Georgia Forest Research Council; and 12-6-118, relating to meetings with the director of the State Forestry Commission and related matters.
SECTION 5. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by repealing and reserving Article 4 thereof, known as the "Georgia Hazardous Waste Management Authority Act."
SECTION 6. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking in its entirety Code Section 20-2-231, relating to the Georgia Education Leadership Academy and related matters, and inserting in its place the following:

WEDNESDAY, MARCH 14, 2001

2591

"20-2-231. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the State Board of Education; (2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor. Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. (c)(b) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program."
SECTION 7. Said article is further amended by repealing in its entirety Code Section 20-2-322.1, relating to the Environmental Education Council and related matters, which reads as follows:
"20-2-322.1. (a) There is created within the Department of Education the Environmental Education Council. The membership of the council shall be composed of the State School Superintendent, the commissioner of natural resources or his designee, the commissioner of community affairs or his designee, and members appointed as follows:
(1) The Governor shall appoint nine members as follows: (A) Two persons whose primary job responsibility is teaching science in the public schools of this state; (B) Two persons employed by the University System of Georgia, at least one of whom shall be a specialist in the field of ecology or environmental science; (C) One person representing a state-wide environmental organization; (D) Two persons representing the business community of this state;

2592

JOURNAL OF THE HOUSE

(E) One person representing the Georgia Municipal Association; and (F) One person representing the Association County Commissioners of Georgia; and (2) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member who shall not be a member of the General Assembly. (b) Seven members of the council shall constitute a quorum. (c) Vacancies shall be filled by the applicable appointing authority. All appointed members shall serve at the pleasure of the appointing authority. (d) The Governor shall appoint one member to serve as chairman. The chairman shall appoint one member to serve as secretary-treasurer. (e) The members of the council shall serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the council with such facilities and clerical and professional assistance as the department deems appropriate. All such expenses, facilities, and assistance shall be provided from funds appropriated to the department and shall be subject to the availability of such funding. (f) The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs and projects designed to enhance awareness of environmental issues among the kindergarten and primary and secondary education students in the state. (g) The council shall award the grants referred to in subsection (f) of this Code section pursuant to criteria established by rule or regulation; provided, however, that any such grant awarded shall be conditioned upon the recipients providing matching funds in an amount equaling at least 20 percent of the amount of the grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations. (h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education, recycling, and composting awareness programs for kindergarten through grade 12, on the programs and projects utilized by the schools designed to enhance awareness of environmental education, and on changes that the council deems advisable to improve and enhance environmental education in Georgia. (i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor."
SECTION 8. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking in their entirety Code Sections 20-3603, relating to definitions, 20-3-604, relating to the creation of the Georgia Education Trust, and 20-3-609, relating to the membership of the board of directors of the Georgia

WEDNESDAY, MARCH 14, 2001

2593

Education Trust and related matters, and inserting in their respective places the following:
"20-3-603. As used in this article, the term:
(1) 'Advance tuition payment contract' means a contract entered into by the trust and a purchaser pursuant to this article to provide for the higher education of a qualified beneficiary. (2) 'Board' means the board of directors of the Georgia Education Trust described in Code Section 20-3-609 commissioners of the Georgia Student Finance Commission described Code Section 20-3-234. (3) 'Fund' means the advance tuition payment fund created within the Georgia Education Trust as provided in Code Section 20-3-608. (4) 'Purchaser' means a person who makes or is obligated to make advance tuition payments pursuant to an advance tuition payment contract. (5) 'Qualified beneficiary' means any resident of this state. (6) 'State institution of higher education' means any four-year college or university within the University System of Georgia. (7) 'Trust' or 'trust fund' means the Georgia Education Trust created in Code Section 20-3-604. (8) 'Weighted average tuition cost of state institutions of higher education' means the tuition cost arrived at by adding the products of the annual undergraduate in-state tuition cost at each state institution of higher education and its total number of undergraduate fiscal year equated students and then dividing the gross total of this cumulation by the total number of undergraduate fiscal year equated students attending state institutions of higher education.
20-3-604. (a) There is created a public body corporate and politic to be known as the Georgia Education Trust. The trust shall be within the Georgia Student Finance Commission. (b) The purposes, powers, and duties of the trust are vested in and shall be exercised by a board of directors commissioners as described in Code Section 20-3-609 20-3-234."
"20-3-609. (a) The board of directors of the Georgia Education Trust shall consist of the executive director of the Georgia Student Finance Commission and six other members with knowledge, skill, and experience in the academic, business, or financial field, who shall be appointed by the Governor and confirmed by the Senate. Members of the board other than the executive director of the Georgia Student Finance Commission shall be appointed for terms of four years, the initial appointments, however, being two for fouryear terms, two for three-year terms, and two for two-year terms. State officers or employees may be appointed to the board unless otherwise prohibited by law; provided, however, that at least three members of the board shall be citizens from the state at large.

2594

JOURNAL OF THE HOUSE

(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the board, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) The initial terms for all members shall begin September 1, 1990. (d) The Governor shall designate a chairperson of the board from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The board shall elect a vice-chairperson and may elect such other officers and committees as it considers appropriate. (e) Members of the board shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance as members of the General Assembly receive. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the advance tuition payment fund. (f) The board may delegate to its chairperson, vice-chairperson, or others such functions and authority as the board considers necessary or appropriate. These functions may include, but are not limited to, the oversight and supervision of employees of the trust. (g) A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board or the exercise of a power or function of the trust, notwithstanding the existence of one or more vacancies. Voting upon action taken by the board shall be conducted by majority vote of the members present in person at a meeting of the board, and, if authorized by the bylaws of the board and when a quorum is present in person at the meeting, by use of amplified telephonic equipment. The board shall meet at the call of the chairperson and as may be provided in the bylaws of the trust. Meetings of the board may be held anywhere within the state. (h)(a) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Chapter 14 of Title 50. Public notice of the time, date, and place of the meeting shall be given in the manner required by subsection (e) of Code Section 50-14-1. (i)(b) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public if required by Article 3 or 4 of Chapter 18 of Title 50."
SECTION 9. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, is amended by striking in its entirety Code Section 30-1-4, relating to the Council on the Deaf and related matters, and inserting in its place the following:
"30-1-4. Reserved."

WEDNESDAY, MARCH 14, 2001

2595

SECTION 10. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by repealing Code Section 34-9-40.1, relating to a Workers Compensation Advisory Council and related matters, which reads as follows:
"34-9-40.1. (a) There is created and established a Workers Compensation Advisory Council to be composed of ten members as provided in this subsection. The Governor shall appoint three members from the general public, one of whom shall represent the interests of labor, one of whom shall represent the interests of management, and one member who shall not represent any particular interest. The members appointed by the Governor shall serve for terms of four years beginning January 1, 1993. The Speaker of the House of Representatives shall appoint three members of the House of Representatives to serve on the advisory council for terms running concurrently with their terms of office. The Lieutenant Governor shall appoint three members of the Senate to serve on the advisory council for terms running concurrently with their terms of office. The chairman of the State Board of Workers Compensation shall serve as an ex officio member of the advisory council. (b) The members of the advisory council shall elect a member other than the chairman of the State Board of Workers Compensation to serve as chairman of the council. The advisory council shall aid the members of the State Board of Workers Compensation in formulating policies and discussing problems related to the administration and operation of this chapter. (c) The members of the advisory council shall serve without compensation."
SECTION 11. Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the "Boiler and Pressure Vessel Safety Act," is amended by striking in its entirety paragraph (1) of Code Section 34-11-2, relating to definitions, and inserting in its place the following:
"(1) Reserved."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 34-11-3, relating to the Board of Boiler and Pressure Vessel Rules and related matters, and inserting in its place the following:
"34-11-3. (a) There is created within the Department of Labor a Board of Boiler and Pressure Vessel Rules which shall be referred to in this chapter as the board. The board shall consist of and be the Governors Employment and Training Council provided for in Code Section 34-14-1. (b) The board or the Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants and members of the

2596

JOURNAL OF THE HOUSE

board to assist the board and Commissioner in carrying out their his or her duties under this chapter."
SECTION 13. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-11-4, relating to definitions, rules, and regulations for safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels and related matters, and inserting in its place the following:
"(a)(1) The Department of Labor, with the advice of the board, shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor, with the advice of the board, may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the Department of Labor. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The Department of Labor, with the advice of the board, shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable."
SECTION 14. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-11-6, relating to maximum allowable working pressure and related matters, and inserting in its place the following:
"(c) This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the board department

WEDNESDAY, MARCH 14, 2001

2597

governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition."
SECTION 15. Said chapter is further amended by striking in its entirety Code Section 34-11-12, relating to suspension and revocation of inspectors certificate of competency and related matters, and inserting in its place the following:
"34-11-12. (a) An inspectors certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the board department for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal to the board as provided in Code Section 34-11-19 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the board department has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the board department shall, upon not less than ten days provide written notice to the inspector and his or her employer, of the departments determination and the right to an appeal as provided in Code Section 34-11-19. hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the board shall find that such inspector is has been determined to be no longer qualified to hold his or her certificate of competency, the board shall recommend to the Commissioner that such certificate of competency be revoked and the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency."
SECTION 16. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-11-15, relating to filing and maintenance of special investigators report and related matters, and inserting in its place the following:
"(c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the board department, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and

2598

JOURNAL OF THE HOUSE

pressure vessels covered by subparagraphs (b)(1)(A) through (D) of Code Section 3411-14, for which the department has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14, the certificate shall be valid for a period of not more than two months beyond the period set by the board department. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 34-11-19, relating to appeals to the board, judicial review, and related matters, and inserting in its place the following:
"34-11-19. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter may, within 15 days of notice thereof, request a hearing before an administrative law judge of the Office of State Administrative Hearings, as provided by Code Section 50-13-41 appeal from such order or act to the board which shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the board shall be given to all interested parties. (b) Within 30 days after any order or act of the board, any Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' thereby may file a petition in the Superior Court of Fulton County for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree."
SECTION 18. Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," is amended by striking in their entirety paragraphs (1) and (6) of Code Section 34-12-2, relating to definitions, and inserting in their respective places the following:
"(1) 'Advisory board' means the Advisory Board on Amusement Ride Safety created by this chapter Reserved." "(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, and to formulate and enforce standards and regulations for the approval of the advisory board, and to enforce the standards and regulations."
SECTION 19. Said chapter is further amended by striking in their entirety Code Sections 34-12-3, relating to the creation of an Advisory Board on Amusement Ride Safety and related matters, and 34-12-4, relating to the powers of the advisory board, and inserting in their respective places the following:

WEDNESDAY, MARCH 14, 2001

2599

"34-12-3. (a) There is created the Advisory Board on Amusement Ride Safety which shall be referred to in this chapter as the advisory board. The advisory board shall consist of and be the Governors Employment and Training Council provided for in Code Section 3414-1. (b) The advisory board or the Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants and members of the advisory board to assist the advisory board and Commissioner in carrying out their his or her duties under this chapter.
34-12-4. The advisory board is empowered to study any aspect of the 'Amusement Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects Reserved."
SECTION 20. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-12-5, relating to departmental standards and regulations, and inserting in its place, the following: "(a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides."
SECTION 21. Said chapter is further amended by striking in its entirety Code Section 34-12-13, relating to accident reports, and inserting in its place the following:
"34-12-13. The owner of the amusement ride shall report to the department any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class

2600

JOURNAL OF THE HOUSE

mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board department."
SECTION 22. Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," is amended by striking in their entirety paragraphs (1) and (6) of Code Section 34-13-2, relating to definitions, and inserting in their respective places the following:
"(1) 'Advisory board' means the Advisory Board on Carnival Ride Safety created by this chapter Reserved." "(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, and to formulate and enforce standards and regulations for the approval of the advisory board, and to enforce the standards and regulations."
SECTION 23. Said chapter is further amended by striking in their entirety Code Sections 34-13-3, relating to the creation of an Advisory Board on Carnival Ride Safety and related matters, and 34-13-4, relating to powers of the advisory board, and inserting in their respective places the following:
"34-13-3. (a) There is created the Advisory Board on Carnival Ride Safety which shall be referred to in this chapter as the advisory board. The advisory board shall consist of and be the Governors Employment and Training Council provided for in Code Section 34-14-1. (b) The advisory board or the Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants and members of the advisory board to assist the advisory board and Commissioner in carrying out their his or her duties under this chapter.
34-13-4. The advisory board is empowered to study any aspect of the 'Carnival Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects Reserved."
SECTION 24. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-13-5, relating to safety standards and regulations, and inserting in its place the following:
"(a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe

WEDNESDAY, MARCH 14, 2001

2601

assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987."
SECTION 25. Said chapter is further amended by striking in its entirety Code Section 34-13-13, relating to accident reports, and inserting in its place the following:
"34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board department."
SECTION 26. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state commissions and other agencies, is amended by repealing and reserving Article 7 thereof, relating to the Georgia Hall of Fame Commission and related matters.
SECTION 27. Said title is further amended by repealing and reserving Chapter 31 thereof, known as the "Georgia Suggestion System Act."
SECTION 28. All laws and 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 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

2602
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 E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

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

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
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 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
Sims Sinkfield 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 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, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

WEDNESDAY, MARCH 14, 2001 The following Committee substitute was read and adopted:

2603

A BILL
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, is amended by adding a new Code Section 36-32-12 to read as follows:
"36-32-12. Notwithstanding any other contrary provision of law, local or general, sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N 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 Y Irvin Y Jackson, B
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

2604
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
Connell Y Cooper

JOURNAL OF THE HOUSE

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
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 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 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 Sinkfield Skipper Y Smith, B

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, by substitute, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

WEDNESDAY, MARCH 14, 2001

2605

The following Committee substitute was read:
A BILL
To amend numerous provisions of the Official Code of Georgia Annotated 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 Official Code of Georgia Annotated, relating to the offense of escape, so as to change certain provisions relating to punishment; to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to the offense of cruelty to children, so as to make second degree cruelty to children a separate offense from family violence battery; 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 forfeiture of motor vehicles; 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 Official Code of Georgia Annotated, relating to sentencing and probation, respectively, so as to allow the trial court to have jurisdiction over any person placed on probation; to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated or suspended sentences, so as to change the penalties authorized for imposition upon proof of a defendants violation of probation or suspension; to provide a definition; to provide for a maximum sentence for a violation of probation or suspension which is the commission of a felony offense; to provide a sentence authorized for a violation of a special condition of probation or suspension; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "2001 Crime Prevention Act."
SECTION 2. Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b)(1) A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that (2) Any person who is in lawful confinement prior to conviction or adjudication who is convicted of the offense of escape shall be punished by imprisonment for not less

2606

JOURNAL OF THE HOUSE

than one nor more than five years. (3) Notwithstanding paragraphs (1) and (2) of this subsection, a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. (4) Any other person convicted of the offense of escape shall be punished as for a misdemeanor."
SECTION 3. Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to the offense of cruelty to children, is amended by adding a new subsection (f) at the end thereof to read as follows:
"(f) A person who violates subsection (c) of this Code section while committing family violence battery is guilty of the separate offense of cruelty to children in the second degree. The offense of cruelty to children in the second degree shall not be merged with the offense of family violence battery for the purpose of prosecution and sentencing. An offender who is convicted of a violation of subsection (c) of this Code section shall be punished in accordance with the provisions of subsection (e) of this Code section."
SECTION 4. Said chapter is further amended in Code Section 16-6-13.2, relating to forfeiture, by striking subsection (c) and inserting in lieu thereof the following:
"(c)(1) Any motor vehicle operated by a person who has been convicted of or pleaded nolo contendere to facilitate a violation of Code Section 16-6-11 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section, provided that said forfeiture shall not be absolute unless the defendant is convicted of said offense. (2) For the purpose of this subsection, a violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle shall mean a violation of Code Section 16-6-11 or 16-6-12 in which a motor vehicle is used to violate said Code section or in which the violation occurred."
SECTION 5. Said chapter is further amended by inserting after Code Section 16-6-13.2 a new Code Section 16-6-13.3 to read as follows:

WEDNESDAY, MARCH 14, 2001

2607

"16-6-13.3. (a) Any property which is used, intended for use, or used in any manner to facilitate a violation of Code Section 16-6-10, wherein any of the persons involved in performing an act of prostitution are under the age of 18, is contraband and forfeited to the state and no person shall have a property interest in it. Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (b) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49, provided that no less than 50 percent of the money and property forfeited under this Code section shall be distributed to the local governing authority to be distributed to local or state-wide programs serving the child victims of the crime which are funded or operated by state or local governmental agencies. (c) If property subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the property; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under this Code section in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49. (d) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this Code section."
SECTION 6. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, is amended by striking paragraphs (1) and (2) and subparagraph (A) of paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including the authority to revoke the

2608

JOURNAL OF THE HOUSE

suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1. (2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs. Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles.
(3)(A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, a violation of a special condition, or a misdemeanor offense involving physical violence resulting in bodily injury to an innocent victim which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections."
SECTION 7. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation, is amended by striking subsection (g) and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The sentencing judge shall not lose retain jurisdiction over any person placed on probation during the term of his probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, to modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run."
SECTION 8. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated or suspended sentences, restitution or fines, and the limitation on probation supervision, is amended by striking said Code section and inserting in lieu thereof the following:
"42-8-34.1. (a) For the purposes of this Code section, the term 'special condition of probation or suspension of the sentence' means a condition of a probated or suspended sentence which:

WEDNESDAY, MARCH 14, 2001

2609

(1) Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and (2) Is identified in writing in the sentence as a condition the violation of which authorizes the court to revoke the probation or suspension and require the defendant to serve up to the balance of the sentence in confinement. (a)(b) A Notwithstanding any other provision of law, no court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. (b)(c) At any revocation hearing, upon proof that the defendant has violated any general provision of probation or suspension other than by commission of a new felony offense, the court shall consider the use of alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for said alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less. (c)(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendants admission is the commission of a felony offense or the violation of a special condition imposed pursuant to this Code section, notwithstanding any other provision of law, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime constituting the violation of the probation. (e) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendants admission is the violation of a special condition of probation or suspension of the sentence, the court may revoke the probation or suspension of the sentence and require the defendant to serve the balance or portion of the balance of the original sentence in confinement. (d)(f) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendants ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court. (e)(g) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
SECTION 9. This Act shall become effective July 1, 2001, and shall apply to offenses of escape and cruelty to children in the second degree committed on or after July 1, 2001.

2610

JOURNAL OF THE HOUSE

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that further consideration of SB 34 be postponed until Monday, March 19, 2001.

On the motion, 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 N 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 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 N 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 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

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

On the motion, the ayes were 155, nays 11. The motion prevailed.

WEDNESDAY, MARCH 14, 2001

2611

The Speaker assumed the Chair. The Speaker announced the House in recess until 1:30 o'clock this afternoon.

2612

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 601. By Representative Parrish of the 144th:
A RESOLUTION expressing congratulations to the family of Jency Alpha Stevens; and for other purposes.

HR 602. By Representative Ashe of the 46th:
A RESOLUTION expressing regret at the passing of Robert William Beynart; and for other purposes.

HR 603. By Representatives Twiggs of the 8th and Snow of the 2nd: A RESOLUTION commending Doug Cochran ; and for other purposes.

HR 604. By Representatives Murphy of the 18th, Coleman of the 142nd, Buck of the 135th, Walker of the 141st and Skipper of the 137th:
A RESOLUTION recognizing and commending Deana Lynn Coker; and for other purposes.

HR 605. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Jordan of the 96th:
A RESOLUTION commending and congratulating the Eagle's Landing Middle School Football Team; and for other purposes.

HR 606. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Jordan of the 96th:

WEDNESDAY, MARCH 14, 2001

2613

A RESOLUTION commending Mike Albright; and for other purposes.

HR 607. By Representatives Cash of the 108th, Lunsford of the 109th, Murphy of the 18th, Graves of the 125th and Stephens of the 150th:
A RESOLUTION recognizing and commending Reita Mendum; and for other purposes.

HR 608. By Representatives Smith of the 175th, Jamieson of the 22nd, Porter of the 143rd, Taylor of the 134th, Coleman of the 80th and others:
A RESOLUTION honoring Gary Ashley, executive vice president of the Georgia School Boards Association; and for other purposes.

HR 609. By Representatives Coleman of the 80th, Murphy of the 18th, Walker of the 141st, Westmoreland of the 104th, Cummings of the 27th and others:
A RESOLUTION recognizing the birth of Patrick Coleman Mock; and for other purposes.

HR 610. By Representatives Smith of the 19th and Roberts of the 132nd:
A RESOLUTION commending Miss Sara Joan Yankus, Miss Lake Lanier 2001; and for other purposes.

HR 611. By Representatives Birdsong of the 123rd, Hudson of the 156th, Smith of the 12th and Bell of the 25th:
A RESOLUTION expressing regret at the passing of Rodney Wilcox; and for other purposes.

HR 612. By Representative Sholar of the 179th: A RESOLUTION commending Teresa Edwards; and for other purposes.

2614

JOURNAL OF THE HOUSE

HR 613. By Representative Sholar of the 179th:
A RESOLUTION recognizing and commending Dany Marie Ray; and for other purposes.

HR 614. By Representative Mobley of the 69th: A RESOLUTION commending Jeanette Rozier; 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 E Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs Y Bohannon
Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Burkhalter Burmeister Y Byrd Callaway E Campbell Cash Y Channell Childers E Coan Y Coleman, B Y Coleman, T Collins Y Connell Cooper

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

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

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

Y Smith, C Smith, C.W Smith, L
Y Smith, P 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 Y Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Wix Y Yates Murphy, Speaker

WEDNESDAY, MARCH 14, 2001

2615

On the adoption of the Resolutions, the ayes were 105, nays 0. The Resolutions were adopted.

Representatives Burkhalter of the 41st, Callaway of the 81st, Collins of the 29th and Jenkins of the 110th 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:

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 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.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that 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

2616

JOURNAL OF THE HOUSE

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 provide exceptions; to define certain terms; to provide for injunctive relief and damages involving violations of this Act; to authorize attorneys fees and court costs under certain conditions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding following Article 33 a new Article 34 to read as follows:
"ARTICLE 34
10-1-900. As used in this article, the term 'public accommodation' means a business or other entity that offers to the general public food, shelter, recreation, amusement, or any other goods, service, privilege, facility, or accommodation. Such term shall not include single or multifamily dwellings or residences.
10-1-901. (a)(1) 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: (A) Operates a motorcycle; (B) Is a member of an organization or association that operates motorcycles; or (C) Wears clothing that displays the name of such an organization or association. (2) 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.
(b) This Code section does not prohibit a person who owns or operates a public accommodation from denying to an individual access or admission to or use of the accommodation if:
(1) The conduct of the individual poses a risk to the health or safety of another person or a risk to the safety of another persons property; or (2) The individuals clothing does not conform with a dress code that is:
(A) In effect at the public accommodation; (B) Stated clearly; and (C) Not designed to exclude a particular individual or group of individuals.

WEDNESDAY, MARCH 14, 2001

2617

(c) This Code section does not prohibit a charitable trust or a functionally related business of a charitable trust which owns or operates a public accommodation from restricting or prohibiting the operation of motorcycles over the premises of the accommodation or any part thereof, so long as a place for parking motorcycles is provided. For purposes of this subsection, the terms 'charitable trust' and 'functionally related business' have the meanings provided by subsection (d) of Code Section 48-1355.
10-1-902. (a) On application of any person, a court may enjoin a violation of this article. (b) A person who is injured by a violation of this article may bring a cause of action for injunctive relief, under subsection (a) of this Code section, or for damages, or for both injunctive relief and damages. In an action for damages, the person may recover:
(1) Actual damages incurred by the person, if any; and (2) Exemplary damages in an amount not to exceed $5,000.00. (c) A person who brings an action under subsection (a) or (b) of this Code section and who prevails in the action is entitled to reasonable attorneys fees and court costs."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ehrhart of the 36th et al. move to amend the Committee substitute to SB 52 by inserting "to prohibit certain governmental discrimination against youth organizations; to provide a short title;" following "applicability;" on line 11 of page 1, by striking "a new Article 34" and inserting in its place "new Articles 34 and 35" on line 16 of page 1, by deleting the quotation mark at the end of line 34 of page 2, and by inserting following line 34 of page 2 the following:
"ARTICLE 35
10-1-920. This article shall be known and may be cited as the 'Defense of Scouting Act.'
10-1-921. (a) As used in this Code section, 'youth organization' means any private nonprofit corporation the general mission of which is to instill in young people values including patriotism, adherence to ethical and moral principles, physical health, and mental development through a program of instruction, engagement in outdoor activities, and community service.

2618

JOURNAL OF THE HOUSE

(b) Neither the state nor any political subdivision thereof nor any department, agency, authority, or commission of either of them shall deny any youth organization or local chapter or affiliate thereof access to or use of public facilities or eligibility for charitable grants or contributions otherwise authorized by law based upon such organizations requiring, as a condition of membership or employment, adherence to lawful standards of ethics and morals expressed by the organization.'".

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

Y Cox Y Crawford Y Cummings E Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N 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 Heard Y Heckstall Y Hembree Henson Y Hines Holland Holmes Y Houston Y Howard

Y Hudson, S Y Hugley
Irvin Y Jackson, B N 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 Maddox Y Mangham E Mann Y Manning Martin Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Mobley

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

Y Smith, C Y 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 Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix

Y Connell Y Cooper

WEDNESDAY, MARCH 14, 2001

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Y Skipper Smith, B

2619
Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Birdsong of the 123rd, Cash of the 108th, Day of the 153rd, Heard of the 89th, Lunsford of the 109th, Richardson of the 26th 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.

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.

The following amendments were read and adopted:

Representatives Irvin of the 45th and Walker of the 141st move to amend HR 434 as follows: Add after "all" on line 19, page 1, the following: ", free of fraud," Add after "convenient" on line 6, page 2, the following: "free of fraud,".

Representative Mills of the 21st moves to amend HR 434 as follows:

2620

JOURNAL OF THE HOUSE

On page 2, line 10, after the word "Representatives" insert "and the President of the United States of America".

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:

Allen Y Amerson
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
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings E 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 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 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
Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Mann
Manning Martin Y Massey Y McBee McCall McClinton Y 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 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
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
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 Turnquest Y Twiggs 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 adoption of the Resolution, as amended, the ayes were 145, nays 0.

WEDNESDAY, MARCH 14, 2001

2621

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

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.

The following amendment was read:

Representative Bunn of the 74th moves to amend SB 33 as follows: P. 2, lines 10, 18, strike "18", change to "21".

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 E 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

Y Cox N Crawford N Cummings E 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 E Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell

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 Y Mangham E Mann Y Manning

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
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
Squires N Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Stokes N Stuckey N Taylor N Teague N Teper N Tillman Turnquest N Twiggs Y Unterman N Walker, L

2622
N Callaway E Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T N Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

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 64, nays 97. 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 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 Cox Y Crawford Y Cummings E 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 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 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 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
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 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 Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 14, 2001

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 Y Sholar E Sims Y Sinkfield Y Skipper Y Smith, B

2623
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.

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

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

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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.

The following Senate substitute was read:

2624

JOURNAL OF THE HOUSE

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 Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography

$

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

$

3,686,488

$

745,000

$

105,000

WEDNESDAY, MARCH 14, 2001

2625

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

$

$

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

$

Total Funds 3,576,081 $ 2,528,416 $ 1,161,452 $ 3,663,819 $ 406,770 $
11,336,538 $

State Funds 3,576,081 2,528,416 1,161,452 3,663,819 406,770
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 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,

2626

JOURNAL OF THE HOUSE

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 Contracts Computer Charges Telecommunications

$

30,832,595

$

25,699,095

$

817,300

$

550,000

$

115,000

$

180,000

$

1,034,200

$

245,000

$

0

$

1,872,000

$

320,000

Total Funds Budgeted

$

30,832,595

WEDNESDAY, MARCH 14, 2001

2627

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

$

Total Funds 8,602,935 $
11,239,760 $ 49,883,146 $ 45,130,042 $ 1,424,347 $ 1,133,843 $ 13,845,490 $
271,476 $ 7,358,660 $ 2,643,030 $
341,982 $
141,874,711 $

30,832,595
138,868,776 17,074,391 117,895,716
3,534,930 1,911,046
40,000 800,000 618,628
141,874,711
138,868,776
State Funds 7,382,486
11,143,760 49,883,146 43,586,137 1,424,347 1,133,843 13,699,909
271,476 7,358,660 2,643,030
341,982
138,868,776

Section 4. Department of Administrative Services.

2628

JOURNAL OF THE HOUSE

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

Administration

$

$

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

Total Funds 4,949,101 $

State Funds 315,691

WEDNESDAY, MARCH 14, 2001

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

$

Operations

$

Security

$

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$ 18,939,258 $ 6,344,256 $

2629
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 0 0

2630

JOURNAL OF THE HOUSE

Sales Van Pool
Total

$

4,458,060 $

$

390,734 $

$

42,461,560 $

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

$

Total Funds Budgeted

$

0 0
0
43,750,604
34,730,355 4,358,606 1,027,928
287,963 462,082 667,341 1,132,197 406,380 33,500 1,758,644 1,143,240
3,645,906
3,233,689 250,000 30,000 525,000
945,367 0
725,000
175,000 40,000
0
55,578,198

WEDNESDAY, MARCH 14, 2001

2631

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.
State Funds Personal Services

$

43,750,604

Total Funds 9,351,119 $ 17,489,173 $ 7,298,690 $ 8,438,386 $ 3,925,368 $ 8,396,923 $ 678,539 $
55,578,198 $

State Funds 8,570,119 14,357,038 3,623,690 8,251,386 3,795,668 5,152,703 0
43,750,604

$

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

$

11,270,959

$

9,259,003

2632

JOURNAL OF THE HOUSE

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 Authority Community Service Grants Home Program ARC-Revolving Loan Fund

$

472,000

$

475,103

$

125,833

$

34,347

$

309,790

$

487,056

$

94,392

$

13,435

$

0

$

11,270,959

$

11,270,959

$

55,253,883

$

21,388,057

$

2,572,813

$

677,747

$

0

$

388,544

$

1,483,253

$

1,026,781

$

947,800

$

537,439

$

515,208

$

0

$

2,204,851

$

21,749,322

$

133,355

$

42,199,340

$

190,000

$

5,000,000

$

3,165,581

$

0

WEDNESDAY, MARCH 14, 2001

2633

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

$

$

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

$

0

$ 171,282,733

$

55,253,883

Total Funds 28,276,178 $ 4,714,347 $
51,367,462 $ 8,338,332 $ 3,386,419 $ 2,250,653 $ 1,850,827 $ 66,253,934 $ 4,844,581 $
171,282,733 $

State Funds 28,104,434 4,486,271
7,561,981 3,165,941 1,701,932
768,735 936,501 3,683,507 4,844,581
55,253,883

Section 8. Department of Community Health.
A. Budget Unit: State Funds - Medicaid Services

$ 1,304,657,026

2634

JOURNAL OF THE HOUSE

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
State Funds Budgeted
Departmental Functional Budgets

$

16,046,291

$

31,984,422

$

7,030,000

$

410,924

$

0

$

80,136

$

49,219,665

$

1,393,130

$

785,081

$

1,669,771

$ 403,101,345

$ 3,829,881,149

$

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

$

573,040

$

120,000

$ 5,367,911,981

$

16,046,291

$ 1,304,657,026

Total Funds

State Funds

WEDNESDAY, MARCH 14, 2001

2635

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

$

3,323,711 $

2,854,775

$ 3,829,881,149 $ 1,208,350,936

$

38,608,809 $

$

57,124,554 $

$

1,297,322 $

$

517,761 $

$

396,116 $

$

77,604,487 $

$

681,660 $

$

487,663 $

$ 1,314,117,295 $

$

2,004,690 $

$

30,534,258 $

$

2,319,729 $

$

1,462,134 $

$

7,550,643 $

15,064,326 12,157,122
735,582 258,881 243,611 2,759,708 533,337 451,088 34,000,000 1,824,184 30,534,258 2,319,729 1,462,134 7,153,646

$ 5,367,911,981 $ 1,320,703,317

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem and Fees Contracts Benefits
Total Funds Budgeted
State Funds Budgeted

$ 148,828,880

$

0

$

8,200,000

$ 360,067,504

$ 368,267,504

$ 148,828,880

C. Budget Unit: State Funds - PeachCare for Kids
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

29,519,637

$

4,575,922

$

384,792

$

120,254

$

50,000

$

0

2636

JOURNAL OF THE HOUSE

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 Utilities Payments to Public Safety for Meals Inmate Release Fund

$

1,155

$

250,000

$

0

$

12,350

$

0

$

5,325,376

$ 112,542,648

$ 118,686,575

$

4,575,922

$

29,519,637

$ 928,617,664

$ 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

$

80,560,104

$

0

$

25,066,267

$

1,300,000

$

31,250,000

$

5,450,000

$

0

$

1,093,624

$

4,568,025

$

1,627,150

$

577,160

$

1,450,000

WEDNESDAY, MARCH 14, 2001

2637

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 Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 109,493,066

$

449,944

$

981,000

$ 950,902,468

$

450,000

$ 928,617,664

Total Funds 31,408,243 $ 25,155,125 $ 132,857,737 $ 70,659,651 $ 690,821,712 $
950,902,468 $

State Funds 30,601,243 25,155,125 124,393,528 70,659,651 677,808,117
928,617,664

$

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

$

8,481,209

2638

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard

Total Funds

$

2,466,145 $

$

6,244,672 $

$

24,601,557 $

State Funds 2,206,403 760,099 5,514,707

Total

$

33,312,374 $

8,481,209

Section 11. State Board of Education
A. Budget Unit: State Funds - Department of Education

$ 5,704,967,301

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 Staff Development and Professional
Development Media

$

30,000,000

$

39,604,188

$

8,090,684

$

1,474,925

$

17,087

$

327,592

$

1,110,653

$

506,965

$

29,686,581

$

11,455,219

$

2,355,803

$

800,452

$

100,000

$ 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

$

40,560,765

$ 149,042,453

WEDNESDAY, MARCH 14, 2001
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 Title VI State and Local Education Improvement Health Insurance - Non-Cert. Personnel and

2639

$ 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

$

57,092,685

$

25,793,090

$ 107,826,070

2640

JOURNAL OF THE HOUSE

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

$

Quality and School Support

$

Federal Programs

$

Technology

$

Local Programs

$

$

1,690,215

$

7,466,425

$

274,395

$

11,726,298

$

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

$

1,632,839

$

1,512,500

$

1,000,000

$

1,000,000

$ 6,513,746,874

$

0

$

30,000,000

$
Total Funds
13,699,890 $ 26,236,830 $ 1,412,777 $ 10,985,473 $
9,261,011 $ 15,867,640 $ 6,418,666,725 $

5,704,967,301
State Funds
11,022,047 13,025,493
1,335,188 5,512,006
503,432 13,446,134 5,673,921,730

WEDNESDAY, MARCH 14, 2001

2641

Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf
Total

$

5,919,872 $

5,380,473

$

5,338,618 $

4,975,181

$

6,358,038 $

5,845,617

$ 6,513,746,874 $ 5,734,967,301

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 Per Diem and Fees Contracts Computer Charges Telecommunications

$

1,613,677

$ 230,671,482

$

2,302,564

$

5,215,957

$

3,680,824

$

180,283

$

203,800

$

0

$

11,528

$

130,500

$

10,000

$

1,076,947

$

300,693

$

31,724

2642

JOURNAL OF THE HOUSE

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 Equipment Computer Charges Real Estate Rentals Telecommunications

$

0

$

0

$ 129,817,711

$

134,500

$ 373,768,513 $ 237,868,003

$

1,613,677

$

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

$

38,202,474

$

30,802,457

$

6,552,190

$

182,397

$

1,298,666

$

2,114,831

$

357,000

$

9,120

$

1,003,891

WEDNESDAY, MARCH 14, 2001

2643

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 $

$

37,116,488 $

$

4,284,030 $

$

43,684,318 $

11,150 989,116
60,000 28,500
0 275,000
43,684,318
38,202,474
State Funds 0
34,086,599 4,115,875
38,202,474

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
Total Funds Budgeted
State Funds Budgeted

$

64,949,712

$

48,488,808

$

7,062,919

$

576,879

$

1,211,418

$

1,124,875

$

601,960

$

418,425

$

1,084,319

$

519,641

$

3,436,801

$

423,667

$

0

$

64,949,712

$

64,949,712

2644

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences
Total

Total Funds

$

5,302,873 $

$

29,361,654 $

$

10,494,297 $

$

19,790,888 $

$

64,949,712 $

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

$

Grants - Local EMA

$

Grants - Other

$

Grants - Civil Air Patrol

$

Criminal Justice Grants

$

Troops to Teachers

$

Flood - Contingency

$

State Funds 5,302,873
29,361,654 10,494,297 19,790,888
64,949,712
46,275,567 22,527,283 1,795,107
443,135 0
303,067 512,686 1,287,595 657,921 2,651,539 7,817,301 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 1,085,000
0 57,000 27,783,371 111,930
0

WEDNESDAY, MARCH 14, 2001

2645

Total Funds Budgeted State Funds Budgeted

$

84,759,936

$

46,275,567

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 $

$

11,867,902 $

$

5,697,214 $

$

5,048,426 $

$

383,253 $

$

31,610,674 $

$

2,544,655 $

$

457,074 $

$

7,919,051 $

$

6,437,278 $

$

2,715,244 $

$

84,759,936 $

State Funds 8,894,626 881,568 11,867,902 5,029,369 4,850,426 383,253 399,418 634,655 457,074 7,807,121 2,354,911 2,715,244
46,275,567

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 and Fees Contracts Computer Charges Telecommunications

$ 1,343,259,050

$

57,584,314

$ 112,867,571

$

5,161,428

$

2,410,747

$

0

$

474,311

$

8,685,087

$

4,968,294

$

32,555,013

$

60,295,128

$

16,676,818

2646

JOURNAL OF THE HOUSE

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 Human Resource Management Transportation Services Indirect Cost Policy and Government Services Aging Services DDSA Council

Total Funds

$

1,142,981 $

$

4,150,410 $

$

12,678,246 $

$

11,935,485 $

$

71,307,051 $

$

1,389,930 $

$

30,041,326 $

$

75,268,874 $

$

6,421,273 $

$

831,443 $

$

3,439,926 $

$

11,856,414 $

$

6,822,639 $

$

10,147,731 $

$

2,863,053 $

$

6,776,587 $

$

12,874,684 $

$

(200,000) $

$

1,327,985 $

$

99,900,830 $

$

1,596,366 $

0 0 88,376,333 163,451 2,222,936 37,716,117 0 0
372,573,234 3,982,840 8,292,056
183,711,229
State Funds 1,142,981 4,150,410 6,681,382 10,485,485
14,909,736 1,389,930
29,698,927 35,593,162 4,674,638
761,443
3,413,357 5,758,980 2,250,203 5,768,098 2,863,053 6,776,587 3,129,910 (14,971,683) 1,327,985 66,179,830
18,871

WEDNESDAY, MARCH 14, 2001

2647

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

$

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

$

372,573,234 $ 192,003,285

$

53,511,017

$

76,683,962

$

1,023,066

$

0

$

195,367

$

1,509,862

$

1,212,404

$

18,403,694

$

12,000

$

1,174,442

$

674,000

$

27,663,591

$ 168,913,511

$

0

$

190,927

$

9,621,222

$ 360,789,065

$

324,160

$

43,463,818

$ 171,334,388

Total Funds 13,200,835 $ 1,427,294 $ 2,799,906 $ 2,045,016 $ 7,678,426 $ 7,327,265 $ 3,199,444 $ 11,630,388 $ 84,646,423 $ 71,633,218 $ 13,204,071 $

State Funds 11,073,900 1,213,463 2,474,731 932,404 6,911,607 7,327,265 1,029,303 5,989,940 0 70,700,006 6,374,759

2648

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

$

HIV Waiver

$

Public Health - Division Indirect Cost

$

Total

$

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund

4,084,208 $ 535,332 $
2,565,574 $ 1,634,500 $ 5,915,652 $ 1,893,054 $
817,181 $ 2,860,233 $ 1,973,379 $
164,099 $ 17,227,062 $ 2,832,242 $
2,074,381 $ 650,248 $
2,043,966 $ 8,229,132 $
204,023 $ 19,357,529 $ 10,713,458 $ 12,554,310 $
114,884 $ 12,909,075 $ 28,346,382 $
796,875 $ 1,500,000 $
0$
360,789,065 $
$ $ $ $ $ $ $ $ $ $ $

2,640,860 434,104
2,073,342 0
4,399,523 1,043,284
606,972 1,209,458 1,973,379
164,099 14,320,812 2,254,402
1,806,046 650,248
1,512,491 7,959,132
204,023 12,643,990
2,640,380 2,954,775
97,387 10,406,401 28,346,382
654,237 1,500,000 (1,724,899)
214,798,206
14,038,921 2,945,551 1,038,219
0 223,397 526,189 6,280,911 6,963,465
0 686,644 7,686,060

WEDNESDAY, MARCH 14, 2001

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

County DFACS Operations - Employability $

Program

County DFACS Operations - Child Support $

Enforcement

Employability Benefits

$

Legal Services

$

$ $ $ $ $ $
$ $ $
$
Total Funds 1,148,179 $ 6,957,077 $ 4,749,665 $ 4,185,647 $ 14,114,741 $ 2,600,264 $ 2,795,687 $ 3,729,761 $ 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 $
27,314,438 $
0$
45,418,684 $ 5,546,322 $

2649
124,425,510 7,087,433
399,307,376 31,080,287 2,401,505 361,093,783
965,785,251 0
3,341,218
399,732,524
State Funds 1,148,179 5,714,734 2,763,836 4,185,647 1,938,258 2,600,264 1,789,896 3,729,761 31,623,331 48,247,444 1,122,012 0 0 60,724,141 43,098,519 0 3,033,865
31,330,754
10,688,909
0
15,861,742 3,170,531

2650

JOURNAL OF THE HOUSE

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

$

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

$

47,092,650 $ 20,860,526 $ 7,849,656 $ 44,089,254 $ 15,248,598 $ 179,320,622 $ 3,911,923 $
7,686,060 $ 0$
965,785,251 $
$ $ $ $ $ $
$ $ $
$
Total Funds 30,432,859 $ 16,998,758 $ 28,471,974 $ 40,600,154 $ 119,146,551 $ 17,855,372 $ 53,273,604 $ 20,051,952 $ 4,189,108 $ 285,814,162 $ 248,216,081 $

30,765,647 12,051,842 3,971,061 23,167,317 8,243,862 51,936,937 3,871,923 7,686,060 (11,392,730)
403,073,742
288,673,110 58,916,965
200,000 9,483,000 1,991,161 628,797,192
988,061,428 1,313,100 2,487,222
588,480,909
State Funds 17,743,925 15,312,064 18,936,062 30,905,509 68,578,072 17,029,684 22,314,270 17,974,510 2,248,418 206,282,319 113,375,242

WEDNESDAY, MARCH 14, 2001

2651

Community Substance Abuse Services Program Direction and Support Regional Offices
Total

$

97,509,650 $

46,160,482

$

15,343,216 $

8,029,966

$

10,157,987 $

6,077,608

$

988,061,428 $ 590,968,131

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
Indirect DOAS Services Funding Tobacco Funds Budgeted
State Funds Budgeted

$ 469,090,619

$

84,790,941

$

4,472,032

$

200,000

$

893,075

$

10,721,138

$

12,461,609

$

57,922,172

$

60,307,128

$

18,537,904

$

58,916,965

$ 628,797,192

$

0

$

7,686,060

$ 124,425,510

$

7,761,433

$ 399,307,376

$ 147,120,211

$ 168,913,511

$

2,154,612

$

9,483,000

$

4,815,368

$

37,716,117

$ 361,093,783

$

9,621,222

$ 2,687,208,978

$

5,620,100

$

57,584,314

$ 1,343,259,050

2652

JOURNAL OF THE HOUSE

Section 17. Department of Industry, Trade and Tourism.
State Funds

$

30,280,740

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

$

State Funds Budgeted

$

Departmental Functional Budgets
Administration Economic Development Trade Tourism
Total

Total Funds

$

50,861,474 $

$

6,313,677 $

$

3,039,002 $

$

4,198,264 $

$

64,412,417 $

34,131,677 12,658,143 1,265,191
593,806 20,000 77,597 391,336 825,323 442,215 162,700 2,094,276 250,600 11,449,553
0 0 50,000 0 0 34,131,677
64,412,417 34,131,677
30,280,740
State Funds 50,861,474 6,313,677 3,039,002 4,198,264
64,412,417

WEDNESDAY, MARCH 14, 2001

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 $

$

5,420,900 $

$

651,665 $

$

17,673,845 $

Section 19. Department of Juvenile Justice.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

2653
15,889,359 15,191,746
700,784 463,030 118,784
30,400 110,968 560,884 405,207 92,042
0 0
17,673,845
15,889,359
State Funds 5,163,464 5,890,672 547,144 3,636,414 651,665
15,889,359
276,313,068 159,157,449 14,944,995
2,240,610 215,273
1,131,829 3,060,748 2,843,179 2,098,273

2654

JOURNAL OF THE HOUSE

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

$

$ $ $ $ $ $ $ $ $
$
$
Total Funds 67,561,311 $ 69,557,845 $ 43,200,703 $ 33,845,079 $ 612,777 $ 1,247,893 $ 47,019,436 $ 2,498,801 $ 804,033 $ 4,437,681 $ 18,085,065 $ 3,117,873 $
291,988,497 $

Section 20. Department of Labor.

A. Budget Unit: State Funds - Department

$

of Labor

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

3,141,209 2,988,590 3,142,494
655,000 0
96,368,848 0 0 0
291,988,497
276,313,068
State Funds 66,057,351 67,615,990 42,108,806 29,340,272 612,777 1,247,893 40,497,124 2,498,801 804,033 4,347,681 18,064,467 3,117,873
276,313,068
16,096,078
89,899,418 6,980,358 1,459,923
0 513,655

WEDNESDAY, MARCH 14, 2001

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 Utilities Postage
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted
Departmental Functional Budgets

$ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds

2655
2,604,085 2,704,778 2,030,660 54,500,000 2,863,761 1,655,312
0 1,287,478
0
166,499,428
16,096,078
29,098,416 88,882,255 13,850,977 1,814,584
50,582 1,024,559 5,370,911 7,380,026 4,454,327 2,573,235 3,138,419 41,304,191
935,245 12,664,651
255,000 631,385
0
184,330,347 100,000
29,098,416
State Funds

2656

JOURNAL OF THE HOUSE

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

$

73,030,090 $

$

948,949 $

$

511,903 $

$

10,971,695 $

$

2,679,006 $

$

1,403,540 $

$

54,003,943 $

$

11,880,925 $

$

28,900,296 $

$

184,330,347 $

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

$

State Funds Budgeted

$

Section 22. Merit System of Personnel Administration.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Equipment

$

Real Estate Rents

$

14,544,728 433,969 511,903
3,351,205 1,244,465 1,403,540
0 781,550 6,827,056
29,098,416
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
15,708,839
0 8,186,738 1,030,568
107,263 0
602,758

WEDNESDAY, MARCH 14, 2001
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 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

2657

$

394,850

$

844,740

$

1,883,665

$

184,400

$

13,234,982

$

0

$

1,438,553

$

11,090,988

$

705,441

$

0

$ 150,156,287

$

88,828,929

$

15,039,347

$

813,283

$

1,439,238

$

1,784,982

$

3,211,208

$

2,498,782

$

9,194,216

$

1,064,418

$

1,467,130

$

0

$

675,000

$

1,333,056

$

1,375,176

$

2,836,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

2658

JOURNAL OF THE HOUSE

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
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

$

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

$ 183,160,067

$

840,190

$

0

$

1,331,931

$

1,434,982

$

200,000

$ 150,156,287

WEDNESDAY, MARCH 14, 2001

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 $

$

3,244,407 $

$

41,179,989 $

$

2,421,702 $

$

39,245,759 $

$

54,523,191 $

$

766,336 $

$

183,160,067 $

2659
State Funds 34,776,053 6,987,630 2,754,407 24,375,480 2,250,840 33,933,788 44,311,753 766,336
150,156,287

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
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets
Georgia Agricultural Exposition Authority $

$

0

$

3,429,466

$

2,302,817

$

25,000

$

0

$

95,000

$

15,000

$

0

$

80,000

$

121,000

$

754,000

$

0

$

6,822,283

$

0

Total Funds 6,822,283 $

State Funds 0

2660

JOURNAL OF THE HOUSE

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 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

$

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

$ 119,660,652

$

71,187,272

$

10,304,201

$

246,939

$

5,593,750

$

921,115

$

3,159,710

$

28,962

$

2,832,804

$

567,500

$

511,800

$

145,100

$

0

$

5,000

WEDNESDAY, MARCH 14, 2001

2661

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

Administration

$

Driver Services

$

Field Operations

$

Total

$

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget:

$

95,504,153

$

1,650,000

$

93,854,153

$

21,154,038

$

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

$

25,806,499

$

0

$

25,806,499

Total Funds 24,343,462 $ 25,806,499 $ 71,160,691 $
121,310,652 $

State Funds 22,843,462 25,806,499 71,010,691
119,660,652

$

15,684,063

2662

JOURNAL OF THE HOUSE

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 3,676,689 $ 1,613,580 $ 1,260,452 $ 1,290,614 $ 503,429 $
11,621,222 $
19,965,987 $

Section 26. Public School Employees' Retirement System.

State Funds

$

Payments to Employees' Retirement System

$

Employer Contributions

$

Total Funds Budgeted

$

State Funds Budgeted

$

10,139,600 2,667,657
111,389 45,000 146,880 232,841 323,927 322,363 66,850 294,712 2,425,200 3,189,568
0
19,965,987
15,684,063
State Funds 668,765
1,613,580 1,170,452 1,180,614
503,429
10,547,222
15,684,063
13,499,104 625,000
12,874,104
13,499,104
13,499,104

WEDNESDAY, MARCH 14, 2001

2663

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 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

$

10,240,575

$

9,389,311

$

623,956

$

272,938

$

111,888

$

63,760

$

395,086

$

525,388

$

227,372

$

1,101,182

$

300,000

$

13,010,881

$

10,240,575

Total Funds 3,067,932 $ 4,294,636 $ 5,648,313 $
13,010,881 $

State Funds 3,067,932 1,797,641 5,375,002
10,240,575

$ 1,458,599,045

$

6,661,821

$ 1,602,398,960 $ 256,440,564

$ 405,867,358 $ 740,373,595

2664

JOURNAL OF THE HOUSE

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 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

$

32,780,057

$

1,721,241

$

371,334

$

1,015,871

$

33,248,765

$

0

$ 3,074,217,745

$ 116,021,107

$ 996,814,158

$ 493,082,114

$

3,039,500

$

6,661,821

$ 1,458,599,045

$ 224,145,878

$ 131,921,045

$

65,746,167

$

92,632,806

$ 225,355,657

$

2,898,867

$

22,100,289

$

0

$

30,000

$

5,802,423

$

928,525

$

600,000

$

1,434,350

$

0

$

21,035,901

$

33,444,408

WEDNESDAY, MARCH 14, 2001

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

$

$
$ $ $ $ $
$
Total Funds 2,594,682 $ 5,220,334 $ 1,890,597 $
111,988,545 $
22,100,289 $ 75,034,636 $ 62,028,798 $ 231,304,071 $
3,789,084 $ 5,437,484 $ 3,625,810 $ 3,353,970 $ 32,411,014 $ 36,652,551 $ 6,498,573 $
603,930,438 $

D. Budget Unit: State Funds - Georgia

Public Telecommunications

$

Commission

Personal Services

$

Operating Expenses

$

General Programming

$

Distance Learning Programming

$

2665
0
603,930,438 7,633,100
301,016,038 70,591,922
543,500
224,145,878
State Funds 1,724,935 1,869,214 1,122,964 9,888,721
9,493,289 46,864,409 38,972,063 36,889,795
3,789,084 585,323 0 0
32,304,165 34,143,343 6,498,573
224,145,878
0
15,259,235 14,875,994
4,040,278 2,784,685

2666

JOURNAL OF THE HOUSE
Total Funds Budgeted Other Funds
State Funds Budgeted

$

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 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

$

8,966,000

$

0

$

0

$

1,500,000

$

7,466,000

$

0

$

0

$

0

$

0

$

8,966,000

$

8,966,000

$ 358,179,404

$

68,237,143

$

5,746,444

$

1,166,361

$

151,411

$

414,964

$

11,572,912

$

7,127,808

$

3,174,098

$

259,730

$

1,640,600

$

4,272,795

$

0

WEDNESDAY, MARCH 14, 2001

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 24,187,618 $ 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 $ 2,987,819 $
363,557,859 $

Section 30. Secretary of State.

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

$

2667
2,404,350 3,486,575 4,902,668 249,000,000
363,557,859 3,845,000
358,179,404
State Funds 24,187,618 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 2,987,819
358,179,404
31,238,090
18,934,395 2,982,386
233,150 166,455
81,111 3,233,735 3,744,758
915,474 560,721 790,005

2668

JOURNAL OF THE HOUSE

Election Expenses Capital Outlay

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 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

$ $
$
$
Total Funds 4,658,099 $ 5,683,407 $ 369,087 $ 2,297,087 $ 2,172,422 $ 4,775,087 $ 1,466,180 $ 539,075 $
10,027,226 $ 295,420 $
32,283,090 $
$ $ $ $ $ $ $ $ $ $ $
$
$

640,900 0
32,283,090
31,238,090
State Funds 4,628,099 5,608,407 369,087 1,577,087 2,122,422 4,755,087 1,466,180 539,075 9,877,226 295,420
31,238,090
2,347,683 1,444,338
175,000 37,000 34,000 10,000 262,345 171,000 86,000 0 128,000
2,347,683
2,347,683

WEDNESDAY, MARCH 14, 2001

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 and Fees Contracts County Conservation Grants
Total Funds Budgeted

State Funds Budgeted

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

State Funds
2,347,683 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$
$ $ $ $ $ $ $ $ $ $ $

2669
Cost of Operations
2,387,683
3,285,487 1,741,300
275,843 45,030 33,400 18,473 15,953 133,400 35,115 144,378
1,075,000 408,000
3,925,892
3,285,487
40,592,022
555,000 26,815 19,000
0 6,300 20,233 52,615 12,091 7,000 39,706
0

2670

JOURNAL OF THE HOUSE

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 Special Contracts
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$ $ $ $
$ $ $ $ $ $ $ $ $
$
$
Total Funds 39,853,262 $
738,760 $
40,592,022 $

4,997,607 29,013,150
0 70,300
362,080 41,226 40,000 521,220
0 0 1,013,712 3,693,967 100,000
40,592,022
40,592,022
State Funds 39,853,262
738,760
40,592,022

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

$ 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

WEDNESDAY, MARCH 14, 2001

2671

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
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

$ 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

$ 267,904,357

$

6,322,945

$

413,890

$

132,000

$

0

$

57,741

$

550,846

$

162,389

2672

JOURNAL OF THE HOUSE

Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

$

229,876

$

836,328

$

115,980

$

6,016,543

$ 222,690,552

$

62,594,376

$

6,483,352

$

19,953,060

$

3,715,278

$

13,376,318

Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Administration

$

Institutional Programs

$

Total

$

$ 343,651,474 $ 267,904,357

Total Funds 8,821,995 $
334,829,479 $
343,651,474 $

State Funds 6,762,207
261,142,150
267,904,357

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.

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

WEDNESDAY, MARCH 14, 2001

2673

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

$ 643,838,774

$ 281,339,124

$

65,603,093

$

2,249,526

$

2,000,000

$

7,782,065

$

12,739,946

$

1,765,434

$

5,888,951

$

87,120,247

$

17,832,611

$ 1,033,586,883

$

3,798,827

$

13,530,481

$

710,855

$

575,391

$ 1,536,523,434

State Funds Budgeted

$

Departmental Functional Budgets
Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration

Total Funds

$ 1,228,033,670 $

$

234,662,969 $

$

19,606,694 $

$

26,876,226 $

Total

$ 1,509,179,559 $

643,838,774
State Funds 367,512,916 217,639,914
18,874,694 25,972,476
630,000,000

General Funds Budget

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities $

1,285,000 $ 0$ 0$
3,966,703 $ 21,381,317 $
710,855 $

1,285,000 0 0
3,322,033 8,520,886
710,855

2674

JOURNAL OF THE HOUSE

Total

$

27,343,875 $

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

$

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

$

13,838,774
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
State Funds 17,852,762 0 5,156,129
23,008,891
12,221,468 10,023,851
437,115

WEDNESDAY, MARCH 14, 2001

2675

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

$

140,600

$

0

$

9,288

$

261,976

$

1,299,338

$

200,000

$

109,300

$

0

$

0

$

12,481,468

$

12,221,468

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obgation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$ 580,920,721

$

0

$ 580,920,721

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
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

2676

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 14, 2001

2677

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

Description

City of Pelham Purchase mechanical equipment for sanitary sewer

maintenance for the City of Pelham

Mitchell County Establish Smart Moves Program for the Mitchell County

Boys and Girls Club

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

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

Amount $ 25,000 $ 12,000 $ 20,000 $ 30,000 $ 10,000 $ 10,000 $ 21,000
$ 15,000
$ 10,000

2678

JOURNAL OF THE HOUSE

City of Sale City Purchase recreation equipment for the City of Sale City

$ 9,000

Ben Hill County Purchase of firefighter's gear, uniforms and oxygen gear for the Ben Hill Volunteer Fire Department

$ 10,000

City of Atlanta Contract with Southeast Atlanta YMCA to renovate after

school remedial and tutorial programs in the City of

$ 20,000

Atlanta

Wilcox County Construct a veterans' memorial in Wilcox County

$ 10,000

Irwin County Enhance the Irwin County 4-H and FFA programs

Board of

$ 10,000

Education

Irwin County Construct a veterans' memorial in Irwin County

$ 10,000

City of Fitzgerald

Install lights at football stadium in the City of Fitzgerald

$ 20,000

Coffee County Repair awnings and sidewalks to mobile units at

Board of

elementary schools in Coffee County

$ 7,000

Education

City of

Repair lighting and fences,construct softball field and

Willacoochee purchase fire equipment for the City of Willacoochee

$ 5,000

City of Pearson Downtown Beautification and equipment for street department in the City of Pearson

$ 5,000

City of Social Restoration of the interior of Gunter-Hall in the City of

Circle

Social Circle

$ 5,000

Clayton County Contract for services with the Calvary Refuge Center shelter for the homeless in Clayton County

$ 20,000

Atkinson County Purchase athletic equipment, band instruments and

Board of

playground equipment for Atkinson County High School $ 7,000

Education

and Pearson Elementary School

Coffee County Construct a fire station in the Wilsonville Fire District in Coffee County

$ 5,000

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

WEDNESDAY, MARCH 14, 2001

2679

Floyd County Transportation and materials for remedial after school

Board of

program at Armuchee Middle School in Floyd County

Education

Chattooga

Replace wiring and lighting in Chattooga County Court

County

House

Laurens County Purchase band uniforms and equipment for West Laurens

Board of

County High School

Education

Laurens County Purchase band uniforms and equipment for East Laurens

Board of

County High School

Education

City of Shellman Honor veterans of all wars through flag displays at graves

and monuments in Randolph County

DeKalb County Contract with Project New Directions, Inc. to provide child

abuse awareness program in DeKalb County

DeKalb County Contract for services with Scottdale L.I.F.E. Program

(Leading Individuals To Fitness & Exercise) to provide

awareness campaign in DeKalb County

DeKalb County Contract for services with Scottdale Child Development

and Family Resource Center, Inc. to provide early

childhood development program in DeKalb County

Houston County Purchase of new furniture for Houston County Library

Tift County

Facility for Junior livestock programs in Tift County

Houston County Operation of Collaborative Learning Network in Houston

Board of

County

Education

City of Perry Land acquisition and improvements to property for Perry

Downtown Development Authority

Georgia

Purchase equipment and program enhancements for the

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

$ 15,000 $ 10,000 $ 5,000
$ 5,000 $ 2,000 $ 2,000 $ 5,000
$ 3,000 $ 50,000 $ 15,000 $ 50,000 $ 150,000
$ 10,000
$ 40,000
$ 10,000 $ 10,000 $ 25,000

2680

JOURNAL OF THE HOUSE

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 CapitolMuseum in the City of Milledgeville

$

DeKalb County Repair and purchase new band uniforms and instruments

Board of

for Columbia High School and complimenting programs $

Education

for 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

$

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

$

Education

DeKalb 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

Purchase of a thermal imaging camera for the Fayetteville $

25,000 5,000 20,000 5,000 5,000 20,000 20,000 4,000
61,000
3,000 4,000 2,000 10,000 20,000 20,000

WEDNESDAY, MARCH 14, 2001

2681

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

Columbia

Purchase technology improvements for the South

County Board of

Columbia 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 $

10,000 5,000
35,000 20,000 50,000 10,000 10,000
7,000 25,000 25,000 7,500
5,000
2,500 10,000
7,000 40,000

2682

JOURNAL OF THE HOUSE

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

$

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

$

25,000 30,000 30,000
20,000
12,000 25,000 12,000
5,000
15,000 10,000 10,000
1,000 15,000
4,000 10,000 10,000

WEDNESDAY, MARCH 14, 2001

2683

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

$

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

$

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 12,000 7,000
75,000
21,000
20,000 20,000

2684

JOURNAL OF THE HOUSE

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

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

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
15,000
25,000
5,000
15,000

WEDNESDAY, MARCH 14, 2001

2685

Augusta/

Contract for services with Neighborhood Improvement

Richmond

Project, Inc. to provide health care and counseling in

$ 10,000

County

Richmond County

City of Byron Repairs to Old Byron Elementary School for the City of Byron

$ 10,000

Crawford County Upgrade Agriculture Education Lab and classroom

Board of

facilities at Crawford County High School

$ 15,000

Education

City of Graham Purchase fire truck for the City of Graham

$ 20,000

Telfair County Construct running track at football field in Telfair County

Board of

$ 5,000

Education

City of Baxley Renovate recreation building in the City of Baxley

$ 10,000

Lanier County

Landscaping and playground equipment for the M. L. K. Jr Park in Lanier County

$

10,000

Wayne County Construct fire protection building for Madray Springs

Board of

Community in Wayne County

$ 30,000

Commissioners

Berrien County Commission

Construct fire station in New Lois Community and provide firefighting equipment for Berrien County

$

25,000

City of Valdosta Purchase furniture and equipment for Southside Library in the City of Valdosta

$

5,000

City of Valdosta Contract with LAMP to provide Transitional Housing

Program for homeless women and children in the City of $ 10,000

Valdosta

City of Valdosta Service learning project for Valdosta School System

Board of

$ 3,000

Education

City of Arabi

Improvements to Arabi Community Walking Track and to the grounds at Arabi City Hall.

$

10,000

City of Sparta Downtown beautification and revitalization for City of Sparta

$ 5,000

Clayton County Purchase software for the Media Center at Kemp

Board of

Elementary School in Clayton County

$ 5,000

Education

Columbus/

Contract with Combined Communities of S.E. Columbus

Muscogee

for tutorial program for at-risk youth in Muscogee County $ 20,000

County

Columbus/

Contract for services with the Columbus for Kids, Inc. to

Muscogee

provide services to at risk children in Muscogee County $ 50,000

County

2686

JOURNAL OF THE HOUSE

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

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

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

$ 50,000
$ 125,000
$ 25,000
$ 20,000 $ 10,000 $ 10,000 $ 21,000 $ 10,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 $ 20,000 $ 10,000 $ 15,000
$ 35,000 $ 30,000

WEDNESDAY, MARCH 14, 2001

2687

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

City of Powder Springs

Develop public park space along the Silver Comet Trail for the City of Powder Springs

$

Carroll County Construct veteran park on county land in Carroll County $

City of Appling Purchase equipment for fire fighting for Leah Volunteer Fire Department in City of Appling

$

Columbia

Playground equipment and improvements for the North

County Board of

Harlem Elementary School in Columbia County

$

Education

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 30,000 30,000
5,000
2,000

2688

JOURNAL OF THE HOUSE

Columbia

Security fence around campus of Blue Ridge Elementary in

County Board of

Columbia County

$

Education

Columbia

Outdoor classroom for Greenbriar Elementary School in

County Board of

Columbia County

$

Education

Columbia

Purchase wireless technology upgrade at Martinez

County Board of

Elementary in Columbia County

$

Education

Columbia

Purchase wireless technology upgrade at Stevens Creek

County Board of

Elementary in Columbia County

$

Education

Columbia

Outdoor classroom for Westmont Elementary School in

County Board of

Columbia County

$

Education

Columbia

Outdoor Classroom for Lakeside Middle School in

County Board of

Columbia County

$

Education

City of Leslie

Repair downtown city buildings for downtown renovation and use by City of Leslie

$

City of DeSoto Construction of a new fire station building in the City of DeSoto

$

Jenkins County Purchase of Millen/Jenkins County Rescue Unit Vehicle $

Bulloch County Pavement of school bus garage and driver training course

Board of

in Bullock County

$

Education

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

5,000
5,000
5,000
5,000
2,000
10,000 25,000 50,000 10,000
5,000 5,000 10,000 20,000

WEDNESDAY, MARCH 14, 2001

2689

Tattnall County Repair roof on the Glenville Middle School gymnasium in

Board of

Tattnall County

$ 5,000

Education

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$ 5,000

Education

Tattnall County Purchase emergency equipment for Tattnall Emergency Management Agency

$ 10,000

City of Claxton Purchase a traffic unit vehicle for Claxton Police Department

$ 5,000

City of Claxton Purchase protective gear and breathing apparatus tanks for Claxton Volunteer Fire Department

$

5,000

Clayton County Purchase of television equipment for Mount Zion High

Board of

School in Clayton County

$ 10,000

Education

Clayton County Purchase supplemental teaching materials for Morrow

Board of

High School in Clayton County

$ 15,000

Education

Clayton County Purchase of safety cameras for Jonesboro High School in

Board of

Clayton County

$ 10,000

Education

Clayton County Purchase of teaching supplies for Morrow Middle School

Board of

in Clayton County

$ 15,000

Education

Clayton County Purchase of supplies for health clinic at Adamson Middle

Board of

School in Clayton County

$ 5,000

Education

Chatham County Promote and enhance leisure opportunities in Chatham County and provide capital equipment improvements

$ 45,000

Columbia

Purchase wireless technology upgrade at Riverside Middle

County Board of

School in Columbia County

$ 10,000

Education

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

2690

JOURNAL OF THE HOUSE

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 in Franklin

Board of

County

$ 20,000

Education

City of Franklin Purchase fire truck for City of Franklin Springs Springs

$ 25,000

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

WEDNESDAY, MARCH 14, 2001

2691

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

Burke County Renovation of Sardis, Girard and Alexander Gym and

purchase of surveillance camera for the City of Sardis

$ 22,000

police department.

Augusta/

Purchase computers for Augusta/Richmond County Weed

Richmond

and Seed literacy program

$ 10,000

County

2692

JOURNAL OF THE HOUSE

Randolph

Replace carpeting and repair damage to walls of

County Board of

Randolph/Clay High School

$ 20,000

Education

Banks County Construction cost share for two fire stations in Banks

Board of

County

$ 25,000

Commissioners

Meriwether

Purchase band uniforms and provide baseball field at

County Board Manchester High School in Meriwether County

$ 30,000

of Education

Augusta/

Contract for services with New Savannah Road Social

Richmond

Services for Multiple Purpose Community Center to

$ 50,000

County

accommodate expansion of services in Richmond County

Augusta/

Contract for services with New Hope Community Center

Richmond

in the City of Augusta

$ 10,000

County

Muscogee

JROTC equipment enhancements for Kendrick High

County Board School in Muscogee County

$ 10,000

of Education

McDuffie County

Purchase Life Cardiac Monitor and cell phones for EMS staff in McDuffie County

$ 2,000

Chatham County Construct a multi-use neighborhood park in Chatham County

$ 10,000

City of Guyton Purchase a front-end loader/backhoe for City of Guyton $ 10,000

Effingham

Purchase rescue equipment for Clyo Volunteer Fire

County Board Department in Effingham County of

$ 10,000

Commissioners

Bryan County Technology lab for Bryan County Elementary School in

Board of

Bryan County

$ 5,000

Education

Cobb County

Install fencing and netting at Big Shanty Park in Kennesaw, Georgia

$ 15,000

DeKalb County Create an outdoor environmental classroom at Toney

Board of

Elementary School in Dekalb County

$ 2,000

Education

DeKalb County Contract with The Forest at Columbia Resident

Association for after school tutorial and computer program $ 2,000

in DeKalb County

WEDNESDAY, MARCH 14, 2001

2693

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

Board of

P.E. building at Kincaid Elementary in Cobb County

$

Education

Macon County 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

$

Hall County

Recondition the East Hall baseball field in Hall County

Board of

$

Education

Macon County Renovation of portion of Oglethorpe Government Office Building

$

Chattooga

Purchase and install ceiling fans and door at Chattooga

$

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
35,000
20,000 10,000

2694

JOURNAL OF THE HOUSE

County

County Library

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

Augusta/

Contract for services with Augusta/Richmond

Richmond

Opportunities Center, Inc. to provide after school and

$ 5,000

County

enrichment programs

City of Climax Renovation of the Community Senior Citizens Center for the City of Climax

$ 10,000

Chattahoochee Purchase computer, printer and internet service for the

County

Chattahoochee County Sheriff's Department.

$ 2,000

City of Lavonia Purchase of vehicle and equipment for the Lavonia Police Department

$ 25,000

WEDNESDAY, MARCH 14, 2001

2695

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

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 $

of Education in Richmond County

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
10,000 50,000
8,000 1,000 10,000

2696

JOURNAL OF THE HOUSE

City of Cairo

L.B. and Eula Powell Memorial Youth Fund, Inc. to provide after school tutorial program in the City of Cairo

$ 8,000

City of Glennville

Purchase and install bleacher covers for two fields for Glennville Recreation Department

$ 10,000

Greene County Partial restoration of historic Greene County jail

$ 20,000

Meriwether

Football field enhancements and landscape project for

County Board Greenville High School in Meriwether County

$ 30,000

of Education

Greene County Purchase and install fence around Greene County airport $ 22,000

Effingham County

Training equipment for Effingham County Sheriff's Department

$ 5,000

Clayton County Athletic equipment, fine arts program, and band programs

Board of

for Church Street Elementary School in Clayton County $ 5,000

Education

City of Concord Purchase fire truck (Tanker) for the City of Concord

$ 50,000

Montgomery County

Assist with recreational facility improvements in Montgomery County

$ 10,000

Wheeler County Purchase sports equipment and provide improvements to recreation department in Wheeler County

$ 10,000

City of Fargo Construct basketball courts for the City of Fargo

$ 10,000

Fannin County Repair roof and install air conditioning at Epworth Community Center in Fannin County

$ 20,000

City of Patterson Purchase fire equipment for the City of Patterson

$ 5,000

Elbert County Purchase building for office and concession stand at McWilliams Park in Elbert County

$ 10,000

City of Dublin Purchase computers, software and equipment for Oconee Regional Library in the City of Dublin

$

5,000

Lincoln County Complete pavilion in a park in Lincoln County

$ 12,000

City of

Addition to Athletic Field House at Gordon Lee High

Chickamauga School for the City of Chickamauga Board of

$ 20,000

Education

City of Savannah Building/display project for Steamship Savannah

$ 10,000

Town of Allentown

Construction of a city hall/fire house in Allentown

$ 50,000

Oglethorpe County

Purchase bleachers and construction of football field in Oglethorpe County

$ 21,000

Greene County Purchase lights for track field at the high school in Greene

Board of

County

$ 3,000

Education

WEDNESDAY, MARCH 14, 2001

2697

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 Contract with South Dekalb Improvement Initiative, Inc. to

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

$

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

$

10,000
25,000
5,000 5,000 25,000 10,000
30,000 20,000
3,000
5,000 10,000
5,000 5,000 5,000 5,000 5,000 5,000 20,000

2698

JOURNAL OF THE HOUSE

City of Mt. Zion
City of Temple Fulton County
Meadows Regional Medical Center Hospital Authority
DeKalb County Board of Education
Wilkes County City of
Chickamauga Elbert County
Bibb County
Bibb County
City of Fort Oglethorpe
Clayton County Board of Education
Marion County Board of Education
Calhoun County Board of Education
Irwin County
Camden County Board of Education
Bibb County
Bibb County

Purchase of equipment for primary health care center in the City of Mt. Zion Gymnasium for recreational use in the City of Temple Implement greenspace program at the Williams Payne Community Center in Fulton County Purchase furniture for Meadows Regional Medical Center student residences in the City of Vidalia
Contract with Robert Shaw Theme School Interchange Program in DeKalb County
Refurbish county EMS headquarters in Wilkes County Preservation project for historic downtown City of Chickamauga Construct building for Sweet City Fire Department in Elbert County Operating expenses for Adopt-Role-Model program in Bibb County Operating expenses for Middle Georgia Council on Drugs in Bibb County Road improvements within the City of Fort Oglethorpe
Purchase computer equipment for Kendrick Middle School in Clayton County
Purchase band uniforms for Tri-County High School in Marion County
Purchase air compressor and breaker for high school in Calhoun County
Repair library building and expansion of services in Irwin County Tennis Courts and satellite equipment for Camden County High School
Operating expenses for Tubman African American Museum in Bibb County Operating expenses for Hay House in Macon in Bibb County

$ 5,000 $ 15,000 $ 5,000
$ 5,000
$ 5,000 $ 5,000 $ 10,000 $ 15,000 $ 20,000 $ 15,000 $ 10,000 $ 5,000
$ 35,000
$ 30,000 $ 10,000 $ 40,000 $ 150,000 $ 50,000

WEDNESDAY, MARCH 14, 2001

2699

Emanuel County Improvements to Technology Park in Emanuel County

$

Jackson County Update Self Contained Breathing Apparatus (SCBA) for the Jackson County Fire Department

$

Glynn County

Obtain architectural design funds for Lighthouse Museum addition in Glynn County

$

Clayton County Purchase band uniforms for Riverdale High School in

Board of

Clayton County

$

Education

Fulton County Contract with Inner Strength, Inc. to provide mentoring and

Board of

tutorial programs in Fulton County

$

Commissioners

City of Metter New fencing for softball fields at the Metter Candler Recreational Park in the City of Metter

$

City of Macon Operating expenses for Douglass Theater in the City of Macon

$

City of Macon Operating expenses for Booker T. Washington Center in the City of Macon

$

Newton County Purchase playground improvements and construction at

Board of

Palmer Stone Elementary School in Newton County

$

Education

Newton County Purchase playground improvements and construction at

Board of

Livingston Elementary School in Newton County

$

Education

Newton County Purchase improvements and construction at the Cardinal's

Board of

Roost located at Livingston Elementary School in Newton $

Education

County

Newton County Construction and improvements of a park in City of Covington

$

Emanuel County Purchase equipment and supplies for Emanuel County Library

$

City of Blackshear

Park improvement and equipment, Historical Depot renovation and furnishings for the City of Blackshear

$

City of Homeland

City beautification in the City of Homeland

$

City of Nahunta Repairs and improvements to Community Building in the City of Nahunta

$

Colquitt County Construct a Volunteer Fire Department in rural Colquitt

County and purchase turn-out gear and firefighting

$

equipment

City of Smyrna Contract with Lil Angels Learning Center for building renovation in the City of Smyrna

$

Brantley County Purchase computers and related equipment for Hoboken $

75,000 10,000
7,000 20,000
3,000 5,000 50,000 50,000 5,000
5,000
5,000 10,000 10,000 10,000
5,000 5,000 15,000 5,000 5,000

2700

JOURNAL OF THE HOUSE

Board of Education DeKalb County Board of Education DeKalb County Board of Education City of Swainsboro City of Glennville City of Waynesboro Augusta/ Richmond County City of Powder Springs Randolph County Eastman/Dodge Development Authority Athens/Clarke County 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

Elementary School in Brantley County
Contract with Rainbow International Chapter to provide computer training in DeKalb County
Program to compliment PTA program at Edward L. Bouie, Sr. Elementary School in DeKalb County
Operating funds for the City of Swainsboro
Purchase equipment or protective gear for Glennville Fire Department City of Waynesboro Phase II Historic Beautification Project. Assist Golden Harvest Food Bank with warehouse expansion and program operation in Richmond County
Construction of the Powder Springs Veterans Memorial
Purchase a van to transport handicapped by hospital and nursing home in Randolph County Utility construction in Eastman/Dodge County
Health education and outreach program at Athens Neighborhood Health Center 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

$ 15,000
$ 1,000 $ 10,000 $ 5,000 $ 23,000 $ 25,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 1,000
$ 1,000
$ 1,000
$ 35,000
$ 1,000 $ 300,000

WEDNESDAY, MARCH 14, 2001

2701

walls and mainstage productions at Jomandi Theater in

the City of Atlanta

City of Wrightsville

Purchase of public safety equipment for the City of Wrightsville

$

DeKalb County Program to compliment PTA program at Southwest

Board of

DeKalb High School in DeKalb County

$

Education

City of Omega Construct a community shelter and purchase picnic tables and other equipment in City of Omega

$

DeKalb County Program to compliment PTA program at Bob Mathis

Board of

Elementary School in DeKalb County

$

Education

DeKalb County Program complimenting PTA program at Browns Mill

Board of

Elementary School PTA in DeKalb County

$

Education

DeKalb County Program complimenting PTA program at Cedar Grove

Board of

Elementary in DeKalb County

$

Education

DeKalb County Programs complimenting PTA program at Chapel Hill

Board of

Elementary in DeKalb County

$

Education

DeKalb County Program to compliment PTA program at Clifton Hill

Board of

Elementary in DeKalb County

$

Education

Bibb County Purchase band uniforms at Southwest High School in Bibb

Board of

County

$

Education

Fulton County Contract for services with the Old National Merchants

Board of

Association for after school program in Fulton County

$

Education

DeKalb County Program to compliment PTA program at Cedar Grove

Board of

Middle School in DeKalb County

$

Education

DeKalb County Program to compliment PTA program at Chapel Hill

Board of

Middle School in DeKalb County

$

Education

Johnson County Renovation of rural fire department, Johnson County Library and recreation facility in Johnson County

$

Fulton County Matching funds for federal grant to Senior Citizens Quality

Board of

of Life Initiative in Fulton County

$

Education

Laurens County Purchase and upgrade rescue equipment for Rock Springs $

20,000 1,000
15,000 1,000 1,000 1,000 1,000 1,000
10,000 45,000
1,000 1,000 17,500 15,000 5,000

2702

JOURNAL OF THE HOUSE

Volunteer Fire Department in Laurens County

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

Terrell County Purchase 911 Incoming Recorder in Terrell County Commission

$ 30,000

City of Norman Purchase computer and public safety equipment for the

Park

City of Norman Park Police Department

$ 5,000

City of East Dublin

Expansion of water and sewer and right of way purchase for the City of East Dublin

$ 10,000

City of Rockmart Recreation funds for City of Rockmart and little league program

$ 45,000

City of Aragon Recreation funds for the City of Aragon

$ 25,000

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

5,000

City of Alma

Improvements and furnishings for Masonic Lodge and Martin Luther King Jr. Park in the City of Alma

$ 15,000

City of Soperton Purchase of public safety equipment for the City of Soperton

$ 17,000

Gwinnett County Construction of restroom and concession facilities for

$ 20,000

WEDNESDAY, MARCH 14, 2001

2703

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

City of Newnan Partial funding for construction of the Newnan Boys and Girls Club

$

Bibb County Green Space Acquisition in Bibb County

$

City of Atlanta

Contract for services with Kids Around Metro Perimeter of Atlanta to provide summer camp and outreach programs

$

City of Atlanta West Hunter Tutorial and After school programs for the City of Atlanta

$

City of Covington

Purchase of educational aids for the DARE program for the City of Covington Police Department

$

Bulloch County Construct Bike/Walking Paths for Mill Creek Park in Bullock County

$

Peach County

Purchase Equipment for volunteer fire department in Peach County

$

Newton County Purchase playground improvements and construction at

Board of

Fairview Elementary School in Newton County

$

Education

Treutlen County Expansion and renovation of Treutlen County Courthouse $

25,000 25,000 45,000 25,000
5,000 5,000 1,000 20,000 40,000
10,000
5,000
5,000
15,000 70,000 10,000 20,000
5,000 25,000 10,000
10,000 15,000

2704

JOURNAL OF THE HOUSE

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

$

30,000

walking 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

Board of

Towns County

$ 12,000

Education

White County Purchase equipment for the Shoal Oak Fire Station in White County

$ 15,000

Union County Improvements in recreation department for the Town of Suches

$ 25,000

Rabun County Purchase equipment for the Chechero Fire Department in Rabun County

$ 15,000

Rabun County Repair historic school building for the Persimmon Community Club in Rabun County

$ 12,000

Rabun County Purchase rescue equipment for Rabun County EMS Rescue $ 40,000

City of Clayton Move utilities for widening HWY 441 for the City of Clayton

$ 65,000

Rabun County Battered women's shelter in Rabun County

$ 10,000

Rabun County Operation of Rabun Youth Center in Rabun County

$ 14,000

Rabun County Purchase land for Rabun County Day Care

$ 55,000

Wilkinson County

Purchase mini bus for Wilkinson County 4-H program

$ 28,000

City of Atlanta Contract with Cascade Ministries, Inc. to provide for

$ 10,000

WEDNESDAY, MARCH 14, 2001

2705

Cascade Job Training Initiative for the City of Atlanta

City of Centerville

Construction of Senior Citizen Building to service Houston and Peach County residents

$

Fulton County Purchase of technology/PC for classroom use at Medlock

Board of

Bridge Elementary in Fulton County

$

Education

Fulton County Create an Environmental Outdoor classroom At Ocee

Board of

Elementary School in Fulton County

$

Education

Fulton County Purchase of Computer lab on wheels for the State Bridge

Board of

Elementary School in Fulton County

$

Education

City of Cuthbert Restoration of historic dwelling to be used for museum for the City of Cuthbert

$

Fulton County Improvements to multipurpose facility for the Harriett G. Darnell Senior Citizen Center in Fulton County

$

City of Columbus

Contract for services with Columbus Youth Network

$

Walker County Paving parking lot at drivers license facility in Rock Spring $

Columbus

Business incubator and job training for at-risk teenagers

Consolidated and young adults in the City of Columbus

$

Government

Fulton County Purchase and install surface for Milton High School Track

Board of

in Fulton County

$

Education

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 $

35,000 15,000
10,000
15,000 20,000 50,000 10,000
8,000 60,000
20,000 27,000 20,000 15,000 40,000 20,000 12,000
50,000 40,000

2706

JOURNAL OF THE HOUSE

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 in Baker $

Education

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

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

Renovate and make streetscape improvements in the City

Donalsonville 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

$

10,000 15,000 12,000 20,000
5,000 10,000
25,000 15,000 30,000
4,000 25,000 20,000 10,000 50,000 10,000 25,000 25,000

WEDNESDAY, MARCH 14, 2001

2707

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

$

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

Develop inspection and preservation plan for the City of $

10,000 5,000
10,000 25,000 25,000 20,000 5,000 10,000
20,000 5,000 2,000
20,000
25,000 10,000 30,000
2,000 3,000 2,000

2708

JOURNAL OF THE HOUSE

Monticello

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 capital

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

$

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 Greenville

Stabilization of historical gym in City of 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 Luthersville

Provide heat and air conditioning for municipal building in 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

$

15,000 10,000 22,000
500 35,000 32,000
25,000 20,000 10,000 10,000
500 12,000 25,000
5,000 10,000 20,000 20,000 10,000

WEDNESDAY, MARCH 14, 2001

2709

Morgan County Renovation of historic Morgan County Courthouse

$ 10,000

Clay County Clay County airport

$ 25,000

Randolph County

Randolph County airport

$ 25,000

University of Implementation of three leadership development strategies

Georgia

in partnership with the Georgia Academy for Economic Development, the University of Georgia Office of Public

$ 150,000

Service and Outreach and 4-H

Georgia

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

$ 125,000

Authority

City of Fitzgerald

Fitzgerald Municipal airport

$ 50,000

Walker County Road maintenance in Walker County

$ 50,000

Walker County Water line improvements in Walker County

$ 25,000

Columbia County

Appling Jail historic preservation

$ 25,000

Clayton County Develop park in Clayton County

$ 25,000

Emanuel County Contract for services with Emanuel County Joint Development Authority

$ 500,000

City of Augusta Contract for services with the Augusta Mini Theater

$ 250,000

Pierce County Purchase buildings and equipment and capital

improvements/renovations to the Pierce County

Recreation Department

$ 35,000

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 $ 50,000

Georgia RDC Georgia 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

2710

JOURNAL OF THE HOUSE

Richmond

Laney Museum of Black History in Richmond County

County

Augusta/

Purchase food for the poor in Augusta

Richmond

County

City of Atlanta Residential improvement and economic development for

the Pittsburgh Community in the City of Atlanta

Hall County

Umbrella for Operation Center, Search and Rescue and

radio room in Hall County

City of Waco Run water and sewer to new vocational/technical school in

the City of Waco

City of Bremen Expansion of Senior Citizens Complex in the City of

Bremen

City of Warner Interactive equipment and operating expenses at the Air

Robins

Force Museum in Warner Robins

Cobb County Renovation and construction of athletic field at Kennesaw

Board of

Mountain High School in Cobb County

Education

Meriwether

Drivers education programs at Manchester and Greenville

County Board High Schools in Meriwether County

of

Education

City of Columbus Contract for services with Community Health Services for

community health care in the City of Columbus

Columbus/

Contract for services with Community Outreach Program

Muscogee

County

Bibb County

Operating funds to Breezy Hill center for mentally retarded

City of Albany Contract for services with East Albany Service League

City of Lithonia Provide funds for South Dekalb Arts Expo

Fulton County Fund general operating expenses to AUDIENCE, Inc. in

Board of

south Fulton County

Commissioners

Jenkins County Repair/replace roof on museum/Chamber building in

Commission

Jenkins County

Effingham County Storage and preservation of historic records in Effingham

Commission

County

City of Cairo

Renovations to the Zebulon movie theater in the City of

Cairo

Cobb County

Pope High School theater improvements in Cobb County

Board

of Education

$ 25,000
$ 25,000 $ 35,000 $ 300,000 $ 200,000 $ 840,000 $ 35,000
$ 36,000
$ 15,000 $ 35,000
$ 71,000 $ 25,000 $ 75,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000 $ 20,000

WEDNESDAY, MARCH 14, 2001

2711

City of Unadilla Refurbish historic downtown building in the City of Unadilla

$ 40,000

City of Elberton Renovations to the Elberton theater in the city of Elberton $ 50,000

Whitfield County Retire loan on Hamilton House for Whitfield/Murray

Commission

Historical Society in Whitfield County

$ 27,000

City of Atlanta Funds for the Black Arts Festival in the City of Atlanta

$ 50,000

City of Statesboro Renovation and operating expenses for Statesboro Arts Council

$ 15,000

City of Decatur

Revitalize three buildings within the Historic Complex at Adair Park in the City of Decatur

$ 10,000

Taliaferro County Renovate the Clock Tower of the Taliaferro County

Board of

Courthouse.

$ 20,000

Commissioners

City of East Point Fund exploratory study into amphitheater feasibility in South Fulton County

$ 25,000

City of Donalsonville

Renovation to the interior of historic City Hall in the City of Donalsonville

$ 25,000

City of Warrenton Renovation of the Warrrenton City Hall and the historic gymnasium.

$ 35,000

Richmond County Operational funds for The Augusta Museum of History in Commissioners Richmond County

$ 25,000

City of Columbus

Use of arts and handicrafts to provide activities for citizens of the City of Columbus

$

10,000

Lowndes County Caboose relocation and renovation in Lowndes County Commissioners

$ 20,000

Richmond County Help restore services for the Augusta Opera in Richmond

Commission

County

$ 25,000

Richmond County Assist with additional cost of matinees and expand

Board of

program for the Augusta Players

$ 10,000

Commissioners

Richmond County Purchase equipment for the new facility at the Davidson

Board of

School of Fine Arts in the City of Augusta

$ 50,000

Education

Cobb County

Academic and facility initiatives at Pebblebrook High

Board of

School in Cobb County

$ 55,000

Education

Baker County

Fund paving and playground for new school site in Baker

Board of

County

$ 27,750

Education

City of Atlanta Citizen education programs in the city of Atlanta

$ 25,000

Johnson County Develop lighting for a ballpark in Johnson County Commissioners

$ 10,000

2712

JOURNAL OF THE HOUSE

Town of Kite

Kite Recreation Department for lighting ballfield

Meriwether County Updating of band equipment and band facility in

Board of

Meriwether County

Education

Fulton County Funds for the Kids Gym USA education through pre-

Commission

school in Fulton County

Pelham City Public Replace tennis courts at schools in the City of Pelham

Schools

City of Colquitt Purchase lighting for the football/soccer field in the City of

Colquitt

Richmond County Funding for the Augusta Youth Center, Inc.

Board of

Commissioners

Dekalb Board of Replace equipment at Driud Hills High School in DeKalb

Education

County

Paulding County Funds for recreation and equipment for Paulding County

Board of

Board of Education

Education

Richmond County Purchase additional lighting for little league fields in

Board of

Richmond County

Commissioners

Polk County Board Purchase fixtures for the new Rockmart High School Band

of Education

and concession in Polk County

Dekalb County Funds for computer lab to provide training for inner-city

Board of

youth in Dekalb County

Commissioners

Douglas County Construct a PlayGarden for children in Douglas County

Commission

City of Augusta Assist with the mentoring program at the Augusta Youth

Center, Inc.

Richmond County Purchase boxing equipment for the Augusta Boxing Club

Commission

DeKalb County Field Improvements at the Scottsdale Athletic Association

Board of

in Dekalb County

Commissioners

Bibb County Board Funding for the Central High School Academic

of Education

Decathalon team to attend national competitions

Brooks County Purchase school bus security cameras in Brooks County

Board of

Education

Richmond County Operational expenses for Southside Tutorial Program in

Commissioners Richmond County

$ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 15,000 $ 5,000 $ 30,000 $ 50,000
$ 20,000 $ 20,000 $ 185,000 $ 25,000 $ 5,000 $ 25,000 $ 25,000 $ 10,000 $ 20,000 $ 30,000

WEDNESDAY, MARCH 14, 2001

2713

Haralson County Purchase band uniforms for Haralson County High School

Board of

Education

Richmond County Purchase additional lighting for West Augusta Little

Commission

League Fields in the city of Augusta

Richmond County Save Our Students operational funds for National Legacy

Commissioners Foundation in Richmond County

Clayton County Purchase band uniforms for the marching band for

Board of

Riverdale High School in Clayton County

Education

Clayton County Boys' mentoring programs at Haney's Harvest House in

Commissioners Clayton County

City of Valdosta Purchase and install playground equipment for Fellowship

& Hightower Parks in the City of Valdosta

City of Milan

Refurbish basketball gym in Milan

City Lyons

Purchase playground equipment in the City of Lyons

Irwin County

Purchase transportation for Irwin County 4H Club.

Commissioners

City of Cedartown Recreational and park funds for the City of Cedartown

Dekalb County Renovations at Hebrum High School in Dekalb County

Board of

Education

Grady County

Seminars for youth in Southwest Georgia in Grady County

Commission

City of Decatur Public health and hygiene programs in high schools in

Dekalb County

Taylor County Rebuild the windows in the Mauk Schoolhouse in Taylor

Commission

County

Gwinnett County Fund computerized reading program for Grayson

Board of

Elementary School in Gwinnett County

Education

City of Lenox

Playground equipment and baseball field repairs for City

of Lenox Children's Community Center

City of Columbus Purchase boxing equipment for at risk kids in the city of

Columbus

City of Atlanta Purchase van for transportation for Grace Cross Cultural

Ministries in the City of Atlanta

City of Cartersville Recreational funds to the City of Cartersville

Troup County

Construction of traffic light in Troup County and Troup

Commission

High School entrance

Cobb County

Lighting and other improvements for the soccer field at

Board of

South Cobb High School in Cobb County.

$ 25,000
$ 20,000 $ 100,000
$ 20,000
$ 45,000 $ 30,000 $ 10,000 $ 20,000 $ 5,000 $ 25,000 $ 7,500
$ 10,000 $ 10,000 $ 18,000
$ 45,000
$ 25,000 $ 10,000 $ 27,800 $ 25,000 $ 40,000 $ 50,000

2714

JOURNAL OF THE HOUSE

Education

City of Rincon

Purchase playground equipment and fencing for Rincon Recreation Department

$ 10,000

City of Hiram

Renovate/upgrade recreational facilities in the City of Hiram

$ 25,000

City of Rome

Funds for childrens programs in the City of Rome

$ 8,000

Cobb County

Purchase marching band truck for Pope High School in

Board of

Cobb County

$ 20,000

Education

City of College Park

Renovate 1921 S.R. Young School into the Tri-Cities Arts Center in the City of College Park

$ 10,000

City of Decatur

Funds for materials, transportation, meals, training, and other program expenses in the City of Decatur

$ 50,000

Rabun County Commissioners

Purchase recreational equipment for the citizens of Rabun County

$ 15,000

Cobb County

Purchase science software and experimental probes in the

Board of

City of Mableton at Pebblebrook High School

$ 55,000

Education

Screven County Purchase computer lab for Screven County High School

Board of

$ 25,000

Education

City of Statesboro Improvements to Whitesville park in the City of Statesboro $ 7,000

Bulloch County Purchase equipment for Southeast Bulloch High School

Board of

ROTC

$ 10,000

Education

Wayne County Commission

Construct restroom facilities at the ballpark in the City of Jesup

$ 30,000

Brantley County Purchase property for baseball field in Brantley County

Board of

$ 20,000

Commissioners

City of Columbus Fund educational program for youth in the city of Columbus

$ 30,000

Johnson County Commission

Provide funds for Johnson County Recreation Department $ 5,000

Bibb County

Funds for travel of Bibb County Southeast High School

Board of

student choir to attend international competition.

$ 15,000

Education

Clayton County Continue program under the program goals of the Youth

Board of

Empowerment Project in Clayton County.

$ 40,000

Commissioners

DeKalb County Board of

Lighting for soccer fields at the Stone Mountain Youth Association in Dekalb County

$ 25,000

WEDNESDAY, MARCH 14, 2001

2715

Commissioners

Gwinnett County Fund band uniforms for Grayson High School in Gwinnett

Board of

County

$ 50,000

Education

Muscogee County Fund educational programs in Columbus area schools

Board of

$ 10,000

Education

Oconee County Commission

Develop youth recreation and playground facilities in the City of Bogart

$ 17,000

Rockdale County Purchase security cameras, monitor and installation at

Board of

Honey Creek Elementary in Rockdale County

$ 1,500

Education

Randolph County Replace carpeting and repair damage to walls of

Commission

Randolph/Clay High School in Randolph County

$ 15,000

City of Columbus Fund youth programs in the City of Columbus

$ 25,000

Richmond County Operational funding for Delta House, Lucy Craft Laney Commissioners Museum in Richmond County

$ 75,000

DeKalb County Teach at-risk youth job readiness and business skills in

Board of

Dekalb County

$ 40,000

Commissioners

City of Glennville Purchase playground equipment for recreation department in the City of Glennville

$ 10,000

Chatham County Operating expenses at A.E. Beach High School in Commissioners Chatham County

$ 25,000

Fayette County Funds for heating and air system for a new athletic facility

Board of

in Fayette County

$ 25,000

Education

Richmond County Youth Leadership operational expenses for CSRA Commissioners Economic Opportunity Authority in Richmond County

$ 50,000

City of Macon Fund anti-gang programs in the City of Macon

$ 20,000

Bibb County Board Purchase band uniforms for students at Northeast Magnet

of Education

High School in Bibb County

$ 25,000

City of Macon

Implementation of Community Character Education Program for youth in the City of Macon

$ 25,000

Douglas County Fund programs for middle school students in Douglas

Board of

County

$ 25,000

Education

Long County

Long County School System concession stand/sports

Board of

facility

$ 50,000

Education

Sumter County Board of

Acquisition of various instruments for the middle school band in Sumter County

$ 17,287

2716

JOURNAL OF THE HOUSE

Education

City of Decatur Fund at-risk youth programs in the city of Decatur

$ 50,000

Cobb County

Purchase outdoor lights for safety at Kincaid Elementary

Board of

School in Cobb County

$ 5,000

Education

Fayette County Purchase new internet ready computers at Sandy Creek

Board of

High School in Fayette County

$ 25,000

Education

Jefferson County Purchase lighting for the girls' softball field in Jefferson

Board of

County

$ 40,000

Education

City of Climax Restoration of the city gym in the City of Climax

$ 15,000

City of Lincolnton Construct a playground for the City of Lincolnton

$ 30,000

Chatham County General operating expenses and renovations to the Commissioners Greenbriar Children's Center in Chatham County

$ 50,000

City of Soperton

Purchase new scoreboards for the recreation park ballfields in the City of Soperton

$

10,000

Long County

Pilot soccer program for Long County

Board of

$ 5,554

Commissioners

Athens-Clarke Construct Stonehenge youth park and sports field in

County

Athens-Clarke County

$ 40,000

Commission

City of Tyrone Construct little league ball park in the City of Tyrone

$ 25,000

Jenkins County Commission

Construct buildings for Jenkins County Recreation Department

$ 48,000

Fulton County Fund programs to aid students in Fulton County

Board of

$ 10,000

Commissioners

City of Aragon Recreation funds for the City of Aragon

$ 25,000

Bulloch County Erect lighting of a multi-purpose athletic field for the

Commission

Bulloch County Recreation Department

$ 15,000

Wheeler County Expand sports programs in Wheeler County Commision

$ 10,000

City of Atlanta

Establish office space, staff salaries, purchase developmental materials for Kids in Discovery of Self

$ 30,000

Laurens County Purchase computers and equipment in Laurens County at

Board of

East Laurens Elementary

$ 25,000

Education

Gwinnett County Construct athletic facilities at Brookwood High School in

Board of

Gwinnett County

$ 25,000

Education

WEDNESDAY, MARCH 14, 2001

2717

City of Dahlonega Install lights at the girls softball field in the City of

Dahlonega

City of Grovetown Repair playground and repair/replace playground

equipment in the City of Grovetown

DeKalb County Construct a new athletic field in Dekalb County

Board of

Commissioners

Chatham County Operational expenses at MedBank in Chatham County

Commissioners

Chatham County Purchase equipment for use in testing and sound booth at

Commissioners Savannah Speech and Hearing in Chatham County

City of Decatur Fund medical care for high-risk pregnant mothers and

acutely ill patients in the City of Decatur

City of Atlanta Funds to impoverished children in Fulton County

Clay County Board Purchase air conditioning for gymnasium at Clay County

of Education

Elementary School

Richmond County Programs at the East Augusta Learning Center in the City

Commission

of Augusta

Johnson County Funds for Johnson County Public Library

Commission

City of Atlanta Fund after school programs and mentoring in the City of

Atlanta

City of Pooler

Purchase and install new air conditioning units at

gymnasium in the city of Pooler

City of Columbus Funding for anti-drug community programs in the City of

Columbus

Union County

Planning for community center, youth center and double

Commission

gym in Union County

City of Atlanta Aid programs at the Herndon Home in the City of Atlanta

Habersham County Purchase furniture and equipment for the Habersham

Commission

County Senior Center

City of Sandersville Improvements and equipment upgrades for Washington

County Health Center

Calhoun County Funding of medical care for Calhoun County's indigent

Board of

patients at Calhoun Memorial Hospital

Commissioners

City of East Point Purchase van for after school program in the City of East

Point; enrichment courses; and purchase playground

equipment

City of Macon Construct an Intergenerational Activity Center at the

Methodist Home for Children and Youth in Macon

$ 15,000 $ 25,000
$ 25,000
$ 5,000 $ 11,475 $ 25,000 $ 10,000 $ 12,000 $ 50,000 $ 5,000 $ 39,415 $ 10,000 $ 15,000 $ 25,000 $ 30,000 $ 10,000 $ 50,000
$ 105,000
$ 50,000
$ 20,000

2718

JOURNAL OF THE HOUSE

Clayton County Board of Commissioners
City of Donalsonville Randolph County Commission Lowndes County Commissioners Dekalb County Commission City of Atlanta
Chatham County Commissioners City of Atlanta City of Valdosta
City of Columbus
Dekalb County Commission City of Atlanta
City of Columbus Dekalb County
Board of Commissioners Fulton County Commission Dekalb County Board of Commissioners Glascock County Board of Education Clayton County Board of Commissioners City of Atlanta

Develop a fitness center at Clayton County International Park
Construct pavilion in Donalsonville city park
Purchase a van for handicapped patients in Randolph County Construct the James M. Beck Youth & Teen Center in Lowndes County Construct a new headquarters to expand Childkind's programs in Dekalb County Morehouse and Morris Brown programs in the City of Atlanta Purchase Tympanometers and Oto-Acoustic Emmission Test for Chatham County Equipment Fund after school programs in the City of Atlanta Fund three County Retiree Attraction Programs in the city of Valdosta Establish a community resource center in the City of Columbus Fund Hispanic women's entrepeneurial development program in Dekalb County Funding for health initiative, youth empowerment, and senior citizens' programs in the City of Atlanta Assist homeless families in the City of Columbus Fund Steps for Success Programs in Dekalb County
Fund a youth and adult literacy initiative in Fulton County
Construct facility for a community senior center in Dekalb County
After school program in Glascock County
Purchase a mini-van for the Meals on Wheels program in Clayton County
Fund Adair Park and Oakland City Senior Citizen Home Rehabilitation, Beecher/Cascade intersection improvements in the City of Atlanta

$ 39,000 $ 25,000 $ 7,500 $ 50,000 $ 10,000 $ 50,000 $ 12,000 $ 20,000 $ 20,000 $ 15,000 $ 10,000 $ 20,000 $ 20,000 $ 38,000 $ 15,000 $ 25,000
$ 40,000
$ 20,000
$ 30,000

WEDNESDAY, MARCH 14, 2001

2719

Randolph County Commission City of Columbus City of Augusta
Gwinnett County Board of Education
City of Atlanta
Muscogee County Commissioners Richmond County Commissioners Oconee County Commission Athens-Clarke County Commission Fulton County Board of Education Richmond County Commissioners City of Concord City of Augusta
Barrow County Commission DeKalb County Comission Chatham County Commissioners City of Harlem
Terrell County Board of Commissioners
Peach County Board of Commissioners

Furnish outpatient mental health/substance abuse facility in Randolph County Residential care program in the City of Columbus Assist burn survivors and their families in the city of Augusta Construct concession stand and restrooms for the Grayson Community Stadium Project, including lights and seating in Gwinnett County Purchase instruments, keyboards, auxillery equipment, supplies for arts and crafts, and piano and vocal books for Cascade Ministries in the City of Atlanta After school reading program for Dawson Elementary and Cusseta Road Elementary Schools in the City of Columbus Operational funding for the CSRA Transitional Center, Inc. in Richmond County. Purchase van for Senior Center in Oconee County
Renovation of office space for Community Connection staff in Athens-Clarke County
Funding for Learning Disabilities Association of Georgia programs in Fulton County
Operational funds for Beulah Grove Community Resource Center in Richmond County Renovation of community center in the City of Concord Operating funds for the Neighborhood Improvement Project for Richmond County Temporary staff and support for adult education and employment center in Barrow County Education and prevention program for 500 minority mothers in Dekalb County Fund Phase II of the Tatemville Gymnatorium in Chatham County Purchase Neighborhood Development Building in the City of Harlem Purchase a vehicle for the Kinchafoonee Regional Library in Terrell County
Facilitate the funding of medical care for Peach County's indigent patients

$ 7,000 $ 5,000 $ 20,000 $ 100,000
$ 55,000 $ 75,000 $ 40,000 $ 20,000 $ 30,000
$ 70,000 $ 35,000 $ 25,000 $ 20,000 $ 10,000 $ 20,000 $ 5,000 $ 25,000 $ 17,000
$ 100,000

2720

JOURNAL OF THE HOUSE

City of Fairburn Fund mental health and substance abuse programs in the city of Fairburn center for women and their children.

$ 25,000

Bartow County Commission

Funds to Bartow County for Etowah Foundation, Stilesboro Academy, and the Senior Citizens Group

$ 30,000

City of Augusta

Operating costs for the Grove Resource Center in the City of Augusta

$ 20,000

City of Rockmart Funds to construct a multi-purpose recreational center in the city of Rockmart

$ 50,000

Bulloch County Purchase supplies, equipment, and materials for a

Commission

community center in Bulloch County

$ 7,000

Crawford County Renovate Musella Methodist Church in Crawford County

Board of

$ 70,000

Commissioners

Douglas County Operations of Douglas County First Step Program Commission

$ 27,500

Dougherty County Fund planning phase and renovations to the Parks at

Board of

Chehaw in Dougherty County

$ 50,000

Commissioners

City of Atlanta

Funding for refurbishing and udating systems at the intown Community Assistance Center in Atlanta

$

15,000

Putnam County Park Construction in Putnam County

Board of

$ 15,000

Commissioners

City of Rome

Fund programs and office space for afterschool programs in the city of Rome

$ 20,000

City of Douglas Funds for a master plan for parks in the City of Douglas $ 15,000

Morgan County Renovations of a park in Morgan County.

Board of

$ 10,000

Commissioners

Dekalb County Help to maintain aquarium and scholastic libraries in

Board of

Indian Creek School in Dekalb County

$ 15,000

Education

City of Rome

Purchase address markers made from angle iron to assist in emergency location of homes in the City of Rome

$

10,000

Lumpkin County Construct Emergency Shelter for Indigent residents of

Commission

Lumpkin County

$ 25,000

Fayette County Fund a new facility for the seniors in Fayette County

Board of

$ 50,000

Commissioners

Toombs County Construct athletic complex in the City of Vidalia

Board of

$ 30,000

Education

WEDNESDAY, MARCH 14, 2001

2721

Jeff Davis County Safe and Sober program in Jeff Davis County

Commissioners

Chatham County Purchase resource materials for the Parent Resource

Commissioners Center and a counselor at Lutheran Ministries in Chatham

County

Barrow County Provide abuse prevention programs in Children's

Commission

Advocacy Center in Barrow County.

Houston County Fund start-up costs for new residential program for

Commission

mentally ill adults in Houston County

City of College Provide scholarships and general operating costs at

Park

Promise Children's Home in the city of College Park

DeKalb County Construct a new community center in Dekalb County

Board of

Commissioners

Richmond County Operational funding for Delta Leadership Training

Commissioners Program in Richmond County

City of College Funds for after-school programs in the city of College Park

Park

Fulton County Operational expenses for United Community Association,

Board of

Inc in Fulton County

Commissioners

Dekalb County Construction of the International Village Cultural and

Commission

Community Center in DeKalb County

City of Luthersville Renovation of newly acquired city hall/community

building and senior center in the City of Lutherville

Muscogee County Purchase supplies and travel funds for the child

Commission

development center in Muscogee County

City of Reynolds Purchase a "jaws of life", vehicle, and training for officers

in the city of Reynolds

City of Dalton Shelter and concentrated care for troubled girls in Dalton

County

Union City

Purchase equipment and provide training for Keep South

Fulton Beautiful in Union City

City of Pineview Expanding and renovation of Pineview City Hall.

City of Claxton Purchase police car and equipment for the Claxton Police

Department

Bryan County

North Bryan Industrial park in Bryan County

Commission

Randolph County Construct firestation/voting precincts in Springvale,

Commission

Carnegie and Randolph County

DeKalb County Expand parking facilities at both baseball and football park

Commission

at Midway Youth Association in Dekalb County

$ 10,000
$ 10,000
$ 10,000 $ 20,000 $ 10,000
$ 25,000
$ 20,000 $ 20,000
$ 40,000
$ 150,000 $ 65,000 $ 28,000 $ 30,000 $ 10,000 $ 25,000 $ 20,000 $ 10,000 $ 50,000 $ 6,500 $ 16,500

2722

JOURNAL OF THE HOUSE

Jenkins County Provide for rescue unit in Jenkins County EMA

Commission

City of Rome

Technology and Media Resources, Software for RESA in

the City of Rome

Glascock Co.

Restoration of courthouse in Glascock County

Commissioner

Newton County Purchase cameras for patrol cars in Newton County

Commissioners

City of Atlanta Fund Capacity Building Initiative for Georgia Nonprofit

Community in Fulton County

Habersham County Renovate Habersham County's fairground facilities

Commission

Emanuel County Fund economic development project for Emanuel County

Commission

City of Avondale Installation of the Georgia Crime Information Center

Estates

(GCIC) equipment in the police department in the City of

Avondale Estates

Dawson County Computer Indexing of Deed Records in Dawson County

Commission

City of Hagan

Funds to purchase police car for the City of Hagan

White County

Purchase supplies, equipment and computers in White

Board of

County

Commissioners

City of Alamo Beautification of park in downtown Alamo

Effingham County Development of Educational Center site and infrastructure

Board of

in Effingham County

Commissioners

Morgan Board of Construct Burn Trailer Fire Training Facility in Morgan

Commissionsers County

Bryan County

Purchase a four wheel drive unit for the fire department in

Commission

Bryan County

City of Soperton Purchase land adjacent to city park in the City of Soperton

McDuffie County Repair and construction costs at the McDuffie County Fire

Commission

Station and to upgrade equipment

Jasper County

Rehabilitate four wells in Jasper County

Board of

Commissioners

City of Winterville Renovation to Winterville City Park and Winterville

Depot, infrastructure and improvements

$ 10,000 $ 7,000 $ 10,000 $ 30,000 $ 20,000 $ 30,000 $ 25,000
$ 9,000
$ 15,000 $ 10,000 $ 20,000 $ 10,000 $ 50,000
$ 11,000 $ 30,000 $ 22,000 $ 50,000
$ 15,000
$ 20,000

WEDNESDAY, MARCH 14, 2001

2723

White County

Purchase Automatic External Defibulators for certain

Board of

emergency vehicles in White County

$ 50,000

Commissioners

Athens-Clarke Provide programs to minority businesses in Northeast

County

Georgia

$ 25,000

Commission

Decatur Cty Fire & Purchase Decatur County fire and rescue equipment Rescue

$ 12,500

Echols County Commission

Reimbursement to Echols County for capital felony expenses incurred.

$ 50,000

City of East Dublin Expansion of water and sewer facilities; purchase of rightof-way in the City of East Dublin

$ 25,000

City of Richland

Renovate the old Richland High School office space in the City of Richland

$

50,000

City of Darien Purchase a new sanitation truck for the city of Darien

$ 50,000

City of Euharlee Funds to construct a City Hall Complex in the City of Euharlee

$ 45,000

Long County

2001 Police Interceptor for the Long County Sheriffs'

Commissioners Department

$ 20,738

City of Valdosta Funds for a feasibility study for development of a stadium

for joint use by Valdosta High School and Valdosta State $ 25,000

University in Lowndes County

Berrien County Commission

Clean and restore cemeteries in Berrien County

$ 30,200

Peach County Commission

Jail roof replacement and repair in Peach County

$ 85,000

City of Claxton

Purchase firefighting protective gear and equipment for Claxton Fire Department

$ 15,000

Tattnall County Commission

Purchase safety equipment for Emergency Management Agency in Tattnall County

$ 10,000

City of Blakely

Fund sidewalk and handicap crosswalk improvements in the City of Blakely

$ 20,000

City of Rossville Fund revitalization project in the City of Rossdale

$ 10,000

City of Emerson Renovation and relocation of Emerson City Hall

$ 35,000

Treutlen County Commission

Expansion and renovation of Treutlen County Courthouse

$ 25,000

City of Pooler

Purchase video cameras for city patrol vehicles, plus

accessories for recording and housing each unit in the city $ 25,000

of Pooler

City of Ludowici Ludowici City Jail Renovation Project

$ 30,000

2724

JOURNAL OF THE HOUSE

Bryan County Commission Chatham County Commission City of Emerson
Calhoun County Commission City of Kennesaw
City of Locust Grove City of Macon
Warren County Commission Wayne County Commission City of Acworth
City of Clayton City of Pooler
City of Pooler City of Powder Springs City of Vienna
Wilcox County Commissioners City of Boston Lowndes County Commissioners Taylor County Commissioners City of Broxton City of Columbus
Bulloch County Commission City of White

Purchase of new Class A pumpers in Bryan County
Provide a firing range to the AASU Law Enforcement Training Center in Chatham County Purchase life saving tool, Jaws of Life, in the City of Emerson Purchase of hospital equipment for Calhoun County
Funds for Emergency Management Command Center in the City of Kennesaw Establish a K-9 unit for the City of Locust Grove.
Funding for general operation expenses at the James Wimberly Institute in the City of Macon Purchase of EMS and fire equipment for Warren County
Purchase fire fighting equipment for rural volunteer fire departments in Wayne County Purchase Alco Sensors for the police department in the City of Acworth Replacement of damaged sewer line in the City of Clayton Complete Joe Baker Park Project on Highway 80 in the city of Pooler Purchase new 800 mhz radios for the city of Pooler Mitigate the damage to the City of Powder Springs by the Norfolk Southern Railroad Clarkdale Intermodal Project. Purchase a vehicle and a hydraulic rescue tool for the City of Vienna Purchase land and develop an Industrial Park in Wilcox County Downtown Streetscape Project in the City of Boston Resurface the driveway and parking lot in Lowndes County Construction of a facility and holding pen for cattle, purchase of set of cattle scales in Taylor County Purchase tractor for beautification of the City of Broxton Funding for The Prison Rehabilitation Reclaiming of Prisoners in the City of Columbus Pave the entry drive and parking area for the new community park in Nevels Sewage Pipeline in the City of White

$ 20,000 $ 25,000 $ 8,000 $ 45,000 $ 20,000 $ 10,000 $ 15,000 $ 12,000 $ 20,000 $ 6,000 $ 25,000 $ 5,000 $ 10,000 $ 100,000 $ 44,350 $ 70,000 $ 20,000 $ 25,000 $ 65,000 $ 15,000 $ 20,000 $ 15,000 $ 25,000

WEDNESDAY, MARCH 14, 2001

2725

City of Americus Landscaping, installing water lines, street construction,

and land acquisitions for cemetaries in the City of

$ 80,000

Americus

Johnson County Commission

Funds for Raines Cross Road Community Facility and Fire Station in Johnson County

$

7,500

City of Brunswick Repair city docks in the city of Brunswick

$ 80,000

City of Bainbridge Operating expenses for Bainbridge Welcome Center

$ 75,000

City of Ephesus Renovation of newly acquired city hall/community building in the City of Ephesus

$ 20,000

Meriwether County Renovation and handicap accessible construction for

Commission

county commission offices in Meriwether County

$ 40,000

Webster County Purchase a new cardiac monitor for EMS in Webster

Board of

County

$ 14,926

Commissioners

Pike County Commission

Purchase communication equipment for the sheriff's office in Pike County

$

25,000

City of Metter

Improvements for downtown Metter

$ 25,000

Fulton County Pre-trial programs in the Fulton County Criminal Justice

Board of

system

$ 10,000

Commissioners

City of Dearing

Fund research and upgrade facilities at the Center for Applied Nursery Research in the City of Dearing

$ 50,000

City of Odum

Purchase equipment for the Odum Volunteer Fire Department

$ 20,000

Lake City

Construct pedestrain access improvements to retail and public facilities in Lake City

$ 30,000

City of Atlanta Substance abuse programs in the city of Atlanta

$ 60,000

Pierce County

Construct restroom and concession facilities in the City of

Board of

Blackshear

$ 30,000

Commissioners

City of Floyd

Renovation to the courthouse in the City of Floyd

$ 25,000

Atkinson County Purchase new fire truck for Atkinson County fire Commissioners protection

$ 20,000

Jeff Davis County Purchase equipment for Altamaha Fire Station. Commissioners

$ 6,000

City of Atlanta Improve facade of Sweet Auburn Curb Market and

purchase equipment and improve parking lot in the City of $ 44,000

Atlanta

Bacon County Renovation of old City Hall in Alma Commissioners

$ 25,000

City of Alma

Renovation of old City Hall in Alma

$ 25,000

2726

JOURNAL OF THE HOUSE

Richmond County Fund landscaping projects at Terrace Manor Elementary

Board of

School in Richmond County

$ 5,000

Education

Richmond County Purchase a marquee for Edward E. Murphy Middle School

Board of

in Richmond County

$ 5,000

Education

Floyd County

Fund summer teacher workshop,video equipment and

Board

supplies at Coosa High School in Floyd County

$ 20,000

of Education

City of Montezuma Construction of additional parking and widening of a service lane at Montezuma City Hall

$ 40,000

Evans County Commission

Pave parking lot and infrastructure for Technical school in Claxton

$ 40,000

Hancock County Purchase tools and gear for Hancock County EMS and

Board of

Sparta Office

$ 20,000

Commissioners

City of Hogansville City hall renovations in the city of Hogansville

$ 35,000

Thomas County Resurface parking area at Central Middle School in Public Schools Thomas County

$ 15,000

Coffee County Construct fire station in Wilsonville Fire District Commissioners

$ 10,000

Butts County Commission

Purchase a radio system for Butts County Sheriff's Department

$ 15,000

City of Hoboken Improvements to facilities in the City of Hoboken

$ 8,000

Greene County Complete fencing around the airport in Green County

Board of

$ 20,000

Commissioners

City of Kingston Fund digging of water well for the city of Kingston.

$ 25,000

Hancock County Purchase supplies and equipment for the Hancock County

Board of

Sheriffs' Office

$ 11,000

Commissioners

Glynn County

Repair culverts under Touchstone Parkway in the Glynn

Board of

County Public Safety Complex

$ 25,000

Commissioners

Bartow County Construct service test/training site for Fire Departtment in

Board of

Bartow County

$ 75,000

Commissioners

Irwin County

Purchase equipment for various chambers of commerce in

Board

region 11

$ 28,127

of Commissioners

City of Clarkston Purchase computers for police cars in the City of Clarkston $ 35,000

WEDNESDAY, MARCH 14, 2001

2727

Clayton Co. Board Replace heat pumps at the Clayton County Alzheimer

of Commissioners Center

Quitman County Replacement of fire pumper truck lost in fire for Quitman

Commission

County

City of Stillmore Renovations to Stillmore City Hall

Lumpkin County Upgrading of Plat Records management in Lumpkin

Commission

County

Grady County

Purchase emergency management equipment and shelter

Commission

upgrades in Grady County

City of Remerton Downtown beautification in the City of Remerton

Seminole County Construct parking for Seminole County Courthouse

Board of

Commissioners

Jefferson County Provide funds for Jefferson County Development

Commission

Authority

City of Cleveland Construct Downtown Streetscape in the City of Cleveland

City of Unadilla Water repairs in the city of Unadillla

Warren County Construct a new building to house all emergency services

Commission

in Warren County

Berrien County Partial Funding of fire truck for East Berrien Volunteer

Board of

Fire Department.

Commisioners

Chatham County Purchase and renovate existing building for Ash Tree

Commissioners Organization, Inc. in Chatham County

City of Dalton Funding for the Dalton Convention and Visitors Center

programs

Liberty County Establish a community development department in Liberty

Board of

County

Commissioners

Valdosta/Lowndes Valdosta/Lowndes County Land Bank Authority

County Land Bank

Authority

City of Atlanta Provide funds for programs and salaries at the

Metropolitan Community Foundation in the city of Atlanta

$ 50,000 $ 21,500 $ 5,000 $ 15,000 $ 25,000 $ 20,000 $ 20,000
$ 75,000 $ 25,000 $ 6,500 $ 30,000
$ 20,000
$ 40,000 $ 2,500
$ 50,000
$ 300,000
$ 85,700

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

2728

JOURNAL OF THE HOUSE

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.

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 Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to 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,

WEDNESDAY, MARCH 14, 2001

2729

nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

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%.

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.

2730

JOURNAL OF THE HOUSE

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 30, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 49.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2002.

Section 50. 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

WEDNESDAY, MARCH 14, 2001

2731

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.
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 51.
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

2732

JOURNAL OF THE HOUSE

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 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.

WEDNESDAY, MARCH 14, 2001

2733

Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph 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 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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

2734

JOURNAL OF THE HOUSE

funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of

WEDNESDAY, MARCH 14, 2001

2735

supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 60. Salary Adjustments.
In addition to all other appropriations, there is hereby appropriated $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 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

2736

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 14, 2001

2737

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,446,828,905

Section 62.

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

Section 63.

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

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 175.
The motion prevailed.

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 Senate 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 provide for the Georgia Higher Education Savings Plan; to provide a short title; to provide for legislative intent; to define certain terms; to provide for a board of directors of the plan and its membership, powers, duties, and administration; to provide for a program of savings trust agreements and savings trust accounts; to provide for a trust fund and the administration thereof; to provide for investment and management of trust funds; to provide a tax exemption; to provide for

2738

JOURNAL OF THE HOUSE

account statements; to deny certain promises or guarantees; to provide for effect of account deposits on eligibility for certain financial aid; to provide for confidentiality and nondisclosure of certain records; 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 for certain deductions related to contributions to savings trust accounts; to provide for tax treatment of withdrawals from savings trust accounts; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia Higher Education Savings Plan from the meaning of "agency"; 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 Act.'
20-2-631. 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 the Georgia Higher Education Savings Plan, 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 program on behalf of a beneficiary. For resident or

WEDNESDAY, MARCH 14, 2001

2739

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. (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) 'Program' means the program of savings trust agreements and savings trust accounts provided by the plan. (10) '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. (11) '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. (12) '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.

2740

JOURNAL OF THE HOUSE

(13) 'Savings trust agreement' means the agreement entered into between the board and the account contributor establishing a savings trust account. (14) 'Trust fund' means the Georgia Higher Education Savings Plan Trust Fund.
20-3-633. (a)(1) There is created the Georgia Higher Education Savings Plan, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and maintaining the Georgia Higher Education Savings Plan Trust Fund provided by this article. The plan shall be governed by a board of directors consisting of the Governor as chairperson, 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. (2) Members of the board who are state officials or employees shall receive no compensation for their service on the board but may be reimbursed for expenses incurred by them in the performance of their duties as members of the board. Any members of the board who are not state officials or employees shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for each day such member is in attendance at a meeting of the board. Expense allowances and other costs authorized in this paragraph shall be paid from moneys in the trust fund.
(b) 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) Have a seal and alter the same at its pleasure; bring and defend actions; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws; (2) 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; (3) 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 is authorized to contract with such departments or agencies, upon such terms, for such consideration, and for such purposes as they deem advisable; (4) 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

WEDNESDAY, MARCH 14, 2001

2741

or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this article; (5) 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; (6) Impose reasonable time limits on the use of savings trust account distributions provided by the program; (7) Regulate the receipt of contributions or payments to the trust fund; (8) 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; (9) Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the plan; (10) Require that account contributors of savings trust agreements verify in writing, before a person authorized to administer oaths, any requests for contract conversions, substitutions, transfers, cancellations, refund requests, or contract changes of any nature; (11) Solicit proposals and contract for the marketing of the program, provided that any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the board before being made available to the public, unless otherwise directed by the board; (12) Delegate responsibility for administration of the comprehensive investment plan to a financial organization that the board determines is qualified; (13) Make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under savings trust agreements; (14) Establish other policies, procedures, and criteria and perform such other acts as necessary or appropriate to implement and administer this article; and (15) 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, program, and trust fund. (c) The plan is assigned to the Department of Administrative Services for administrative purposes only.
20-3-634. (a) The plan 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 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

2742

JOURNAL OF THE HOUSE

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; provided, however, that no such penalty shall apply to any withdrawal made following the death of the beneficiary. 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 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

WEDNESDAY, MARCH 14, 2001

2743

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 program account. (2) The administrative account shall accept, deposit, and disburse funds for the purpose of administering and marketing the program. 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 program. The program 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 Code of 1986 and approved by the board. The board shall cause the program to maintain adequate safeguards against contributions in excess of what may be required

2744

JOURNAL OF THE HOUSE

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 program 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. The trust fund property and income shall be subject to taxation by the state only as provided by Code Section 48-7-27 and shall not be subject to taxation by any of the states political subdivisions.
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 program 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.

WEDNESDAY, MARCH 14, 2001

2745

(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 financial organizations, investment managers, evaluation services, or other such services as determined by the board to be necessary for the effective and efficient operation of the program. (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 financial organizations, 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. (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

2746

JOURNAL OF THE HOUSE

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.
20-3-641. Notwithstanding any state law to the contrary, no moneys on deposit in any savings trust account 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.
20-3-642. (a) The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
(1) Completed savings trust account applications, executed savings trust account agreements, and savings trust account numbers; (2) All wiring or automated clearing house transfer of funds instructions; (3) Records of savings trust account transactions and savings trust account analysis statements received or prepared by or for the plan; (4) All bank account numbers in the possession of the plan and any record or document containing such numbers; (5) All proprietary computer software in the possession or under the control of the plan; and (6) All security codes and procedures related to physical, electronic, or other access to any savings trust account or the trust fund, its systems, and its software. (b) For a period from the date of creation of the record until the end of the calendar
quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection

WEDNESDAY, MARCH 14, 2001

2747

by the general public: (1) Investment trade tickets; and (2) Bank statements. (c) The restrictions of subsections (a) and (b) of this Code section shall not apply to access: (1) Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the plan is a party; (2) In prosecutions or other court actions to which the State of Georgia or the plan is a party; (3) Given to federal or state regulatory or law enforcement agencies; (4) Given to any person or entity in connection with a savings trust account to which such person or entity is an account contributor or given to any person in connection with a savings trust account of which such person is a beneficiary; or (5) Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter."
SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (a) by striking "and" at the end of paragraph (9), striking the period and inserting in lieu thereof "; and" at the end of paragraph (10), and adding a new paragraph (11) to read as follows:
"(11) For taxable years beginning on or after January 1, 2002, an amount equal to the amount of contributions by parents or guardians to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of a designated beneficiary who is claimed as a dependent on the Georgia tax return of the beneficiarys parents or guardians, but not exceeding $2,000.00 per beneficiary. If the parents or guardians file separate or single returns, the sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary. To claim the deduction, the taxpayers federal return must show itemized deductions from adjusted gross income, and the federal adjusted gross income cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return; the maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $1,000.00 of federal adjusted gross income over the applicable limit. For purposes of this paragraph, contributions or payments for any such taxable 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 taxable year."
SECTION 3. Said Code section is further amended in subsection (b) by adding a new paragraph (10) to read as follows:

2748

JOURNAL OF THE HOUSE

"(10)(A) For taxable years beginning on or after January 1, 2002, the amount of any qualified withdrawals from a savings trust account under Article 11 of Chapter 3 of Title 20 used solely for qualified higher education expenses shall not be subject to state income tax under this chapter. (B) For unqualified withdrawals from such a savings trust account, the proportion of earnings in the account balance at the time of the withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in 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 pursuant to paragraph (11) of subsection (a) of this Code section shall be applied to the nonearnings portion of the total funds withdrawn to determine an amount to be included in the account contributors taxable net income in the same taxable year."
SECTION 4. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for purposes of the Georgia Administrative Procedure Act, is amended by striking paragraph (1) and inserting in lieu thereof the following:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."

WEDNESDAY, MARCH 14, 2001

2749

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Kaye of the 37th, Westmoreland of the 104th and Ehrhart of the 36th move to amend the Senate substitute to HB 417 by striking lines 7 through 12 of page 6 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".
By striking lines 15 and 16 of page 12 and inserting in their place the following:
"deduction, the taxpayers federal adjusted gross income cannot exceed $100,000.00 for a".

Representative Kaye of the 37th moved that the House agree to the Senate substitute, as amended by the House, to HB 417.

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

Y Allen Y Amerson Y 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

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

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 Mueller N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reece Y Reed Y Reese N Reichert

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 N Stanley-Turner Y Stephens
Stokes N Stuckey N Taylor

2750
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 Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin Y 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 Lord Lucas
Y Lunsford Maddox
N Mangham E Mann Y Manning N Martin Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills Y Mobley
Morris N Mosley

Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott Y Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Teague N Teper N Tillman N Turnquest
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 motion, the ayes were 75, nays 90. The motion was lost.

Representative Smith of the 175th moved that the House agree to the Senate substitute to HB 417.

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

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
Everett Y Floyd E 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
Lucas Y Lunsford
Maddox

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 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 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

WEDNESDAY, MARCH 14, 2001

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 Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley
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

2751
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 motion, the ayes were 165, nays 0. The motion prevailed.

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 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.

The following Senate amendment was read:

HB 206 shall be amended by adding Section II which shall read as follows:
Section II Section 17 of Chapter 7 of Title 12 of the Official Code of Georgia Annotated relating to the exemptions from the requirements of Chapter 7 of Title 12 by inserting the following:

2752

JOURNAL OF THE HOUSE

"12-7-17(a)(11) Public Water System Reservoirs.

The following amendment was read and adopted:

Representatives Scheid of the 17th, Porter of the 143rd, McCall of the 90th and Ashe of the 46th move to amend the Senate amendment to HB 206 by striking lines 1 through 9 of such amendment and inserting in lieu thereof the following:
"HB 206 is amended by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: 'To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that local water'.
By inserting on line 5 of page 1, following the word and symbol 'projects;', the following:
'to provide for rules and regulations relating to the acceptance of water samples taken by certain persons; to provide for an accounting of waters transferred from one water basin to another; to provide an exemption from the Erosion and Sedimentation Act of 1975;'
By striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
'Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Code Section 12-5-4 the'.
By inserting immediately following line 18 the following:
'Said title is further amended by striking the word "and" at the end of paragraph (2) of subsection (a) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources with regard to the control of water pollution and surface-water use generally; by striking the symbol "." at the end of paragraph (3) of subsection (a) of such Code section and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (a) of such Code section the following:
"(4) By July 1, 2002, the board shall promulgate rules and regulations which: (A) Establish acceptable sampling methods and analytical standards for water quality samples collected and reported by any person to the division for its use in listing or delisting impaired waters pursuant to the states responsibilities under Sections 303(d) and 305(b) of the federal Water Pollution Control Act, 33 U.S.C. Sections 1313(d) and 1315(b), respectively, as now or hereafter amended; and

WEDNESDAY, MARCH 14, 2001

2753

(B) Establish acceptable sampling methods and analytical standards for measuring salinity in coastal waters and defining the zones where salt, fresh, and brackish waters mix."
SECTION 3. Said title is further amended by striking the word "and" at the end of paragraph (14) of subsection (c) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources with regard to the control of water pollution and surface-water use generally; by striking the symbol "." at the end of paragraph (15) of subsection (c) of such Code section and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (c) of such Code section the following:
"(16) Provide an annual accounting for all transfers of water exceeding an annualized one million gallons per day from one major river drainage basin or subsurface supply aquifer to another. To the extent possible, the director shall use information derived from permits issued by the director pursuant to Code Sections 12-5-30 and 12-5-31, together with any supporting documentation, to fulfill the requirements of this paragraph."
SECTION 4. Said title is further amended by striking the word "and" at the end of paragraph (14) of subsection (a) of Code Section 12-7-17, relating to exemptions from the Erosion and Sedimentation Act of 1975; by striking the symbol "." at the end of paragraph (10) of subsection (a) of such Code section and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (a) of such Code section the following:
"(11) Public Water System Reservoirs."
SECTION 5.'"

Representative Scheid of the 17th moved that the House agree to the Senate amendment, as amended by the House, to HB 206.

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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y 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
Poag Y Porter Y Powell

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

2754
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 Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd E Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner
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 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
Manning Y Martin Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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 Y Sinkfield Y Skipper Y Smith, B

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 Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 165, nays 0. The motion prevailed.

Representative Everett of the 163rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 615. By Representative Mobley of the 69th:
A RESOLUTION recognizing Africa Day at the Georgia State Capitol; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

WEDNESDAY, MARCH 14, 2001

2755

HR 616. By Representative James of the 140th:
A RESOLUTION commending the Taylor County High School basketball team and inviting the team and the coaches to appear before the House of Representatives; 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 291 Do Pass, by Substitute

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 of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 75 Do Pass SB 116 Do Pass, by Substitute

SB 132 Do Pass SB 221 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

2756

JOURNAL OF THE HOUSE

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

SB 11 Do Pass SB 93 Do Pass, by Substitute

SB 230 Do Pass, as Amended SB 254 Do Pass, by Substitute

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 50 Do Pass, by Substitute SB 66 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
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 Senate and has instructed me to report the same back to the House with the

WEDNESDAY, MARCH 14, 2001 following recommendation:
SB 155 Do Pass, by Substitute

2757

Respectfully submitted, /s/ Epps of the 131st
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 26 HR 128 HR 129 HR 213 HR 221 HR 273 HR 371 HR 456

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HR 463 HR 500 HR 515 SR 134 SR 170 SR 252 SR 267

Do Pass 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:
Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

2758

JOURNAL OF THE HOUSE

SB 60 Do Pass, as Amended SB 160 Do Pass

SB 206 Do Pass, by Substitute SB 270 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 40 Do Pass, by Substitute SB 49 Do Pass, by Substitute SB 59 Do Pass, by Substitute SB 97 Do Pass, by Substitute SB 134 Do Pass, by Substitute

SR 183 Do Pass SR 190 Do Pass SR 215 Do Pass SR 230 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 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.

WEDNESDAY, MARCH 14, 2001

2759

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.

2760

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Thursday, March 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:

Allen Amerson Anderson Ashe Bannister Barnard Barnes Bell Birdsong Black Boggs Bohannon Bordeaux Borders Bridges Brooks Brown Buckner Bulloch Bunn Burkhalter Burmeister Callaway Campbell Childers Coan Coleman, B Connell

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

Howard Hudgens Hudson, N Hugley Jackson, B James Jamieson Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lunsford Maddox Mangham E Mann Manning Massey McBee McCall McClinton Millar

E Mills Mobley Mosley Mueller Parsons Pelote Pinholster Porter Powell Purcell Randall Reese Reichert
E Rice Richardson Roberts, D Roberts, L Royal Sailor Sanders Scheid Scott Seay Shanahan Sholar Skipper Smith, B

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

The following members were off the floor of the House when the roll was called:
Representatives Broome of the 160th, Buck of the 135th, Byrd of the 170th, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Collins of the 29th, Dix of the 76th, Dukes of the 161st, Irvin of the 45th, Jenkins of the 110th, Kaye of the 37th, Lucas of the 124th, McKinney of the 51st, Parham of the 122nd, Parrish of the 144th, Poag of the 6th, Ragas of the 64th, Reed of the 52nd, Rogers of the 20th, Shaw of the 176th, Sims

THURSDAY, MARCH 15, 2001

2761

of the 167th, Sinkfield of the 57th, Smyre of the 136th, Stanley of the 49th, Teague of the 58th, Walker of the 141st, Walker of the 87th and Westmoreland of the 104th.
They wish to be recorded as present.

Prayer was offered by Dr. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, 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.

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

HB 926. By Representatives Ashe of the 46th, Martin of the 47th, Campbell of the 42nd, Skipper of the 137th and Reed of the 52nd:

2762

JOURNAL OF THE HOUSE

A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to establish guidelines for proper disposal of certain business documents containing personal information; to define terms; to provide for civil liability; and for other purposes.
Referred to the Committee on Judiciary.
HB 927. By Representatives Bohannon of the 139th, Brown of the 130th, West of the 101st and Powell of the 23rd:
A BILL to amend Code Section 40-5-6 of the Official Code of Georgia Annotated, relating to forms for making of anatomical gifts upon issuance or renewal of driver's license, so as to provide applicants for issuance or renewal of driver's licenses a choice of whether to limit their anatomical gifts to for profit or not for profit entities; to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to gifts made by will, donor card, or other instrument, so as to provide that donors may limit their anatomical gifts to for profit or not for profit entities; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 597. By Representatives Burkhalter of the 41st, Smith of the 91st and Williams of the 83rd:
A RESOLUTION amending the Rules of the House; and for other purposes.
Referred to the Committee on Rules.
HR 598. By Representatives Burkhalter of the 41st, Smith of the 91st and Williams of the 83rd:
A RESOLUTION urging the Legislative Services Committee to establish an area on the third floor of the capitol away from the House of Representatives and Senate chambers as the only area on such floor in which registered lobbyists are permitted to gather; and for other purposes.

THURSDAY, MARCH 15, 2001

2763

Referred to the Committee on Rules.
HR 599. By Representatives Epps of the 131st, Smyre of the 136th, Brooks of the 54th, McKinney of the 51st, Sailor of the 71st and others: A RESOLUTION supporting the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School before the Supreme Court of Georgia for a vacation or, in the alternative, a suspension of the order mandating that all applicants for the Georgia Bar Examination attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.
Referred to the Committee on Judiciary.
HR 600. By Representatives DeLoach of the 119th, Burmeister of the 114th, Connell of the 115th, Howard of the 118th, Allen of the 117th and others: A RESOLUTION supporting the completion of the Fall Line Freeway and the Savannah River Parkway as early as practicable; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee:
HR 645. By Representatives Teague of the 58th and Westmoreland of the 104th: A RESOLUTION creating the House Study Committee on Minority Business Enterprise; and for other purposes.
Referred to the Committee on Rules.

2764

JOURNAL OF THE HOUSE

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

HB 911 HB 912 HB 913 HB 916 HB 917

HB 925 HR 564 HR 567 HR 568 HR 593

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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 563 Do Pass SB 204 Do Pass, by Substitute

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 903 HB 904 HB 905 HB 907 HB 908

Do Pass Do Pass Do Pass Do Pass Do Pass

SB 141 SB 143 SB 219 SB 260 SB 261

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

HB 909 HB 910 HB 920 HB 921 HB 922 HB 924

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

THURSDAY, MARCH 15, 2001

SB 262 SB 263 SB 265 SB 266 SB 267 SB 268

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

2765

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

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

HOUSE RULES CALENDAR THURSDAY, MARCH 15, 2001

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 514 SR 142

House Tourism Study Committee; create Comprehensive Water Plan, Jt. Study Committee and the Water Plan Advisory Committee; create (Thompson 33rd)

DEBATE CALENDAR

SB 25
SB 30
SB 53 SB 57
SB 94

Delivery of Notices by Overnight or Commercial Delivery Service (Johnson - 1st) Patient's Health Records; furnishing copies to patient's survivor or personal representative; copying fees (Ray - 48th) Fair Health Care Billing Act of 2001; enact (Walker - 22nd) Family Violence and Stalking Protective Order Registry Act; GBI centralized data base; electronic transmittal (Thompson - 33rd) Victims of Domestic Violence, Stalking or Sexual Assault Filing Criminal Charges or Protection Order; no court fees assessed. (Stokes - 43rd)

2766

JOURNAL OF THE HOUSE

SB 98 SB 111 SB 150 SB 162
SB 186 SB 198 SB 205 SB 269

Ovarian Cancer Surveillance Tests; health benefit policy coverage (Thompson - 33rd) State Purchasing; contracts awarded by sealed bidding; reverse auctions; electronic bids; noncompetitive dollar limits (James - 35th) Ad Valorem Tax; personal property exemption; increase amount; referendum (Hamrick - 30th) Public Health Hazards and Nuisances; building, fire, life safety code violations; abatement actions; complaint and summons; liens (Meyer von Bremen - 12th) Drug-free Workplace Programs; certification; on-site testing; employer's program (Golden - 8th) Installment Contracts or Revolving Accounts; delinquent charges (Harbison - 15th) Public Records Disclosure Exemption; certain personal information (Thompson - 33rd) Magistrate Courts; appeals to superior or state courts; eliminate monetary jurisdictional limitations (Kemp - 3rd)

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 903. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act providing for the Board of Education of Peach County, so as to change the provisions relating to the compensation of members 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.

THURSDAY, MARCH 15, 2001

2767

HB 904. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to provide for the filling of vacancies in the office of sheriff of Columbia County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 905. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend an Act providing for the compensation, expenses, and benefits of the coroner of Columbia County, so as to change the compensation of the coroner; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
HB 907. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to amend an Act creating a board of commissioners of Forsyth County, so as to change the manner of electing the chairperson and other members of the board of commissioners; and for other purposes.
The following substitute, offered by Representatives Knox of the 28th and Reese of the 85th, was read and adopted:
A BILL
To amend an Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors of the entire county; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to the

2768

JOURNAL OF THE HOUSE

compensation of the chairperson and other members of the board of commissioners; to provide for transition; to provide for related matters; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain conditions; to require submission of this Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. (a) There is created in and for the County of Forsyth, a board of commissioners to be elected and organized as hereinafter provided, which board of commissioners, also known as the 'board', shall constitute the governing authority of said county and shall exercise the powers, duties, and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, at the first meeting of the board in January each year, the board shall elect one of its members as chairperson. Such member shall serve as chairperson through December 31 of said year and until a new chairperson is elected in the following year. (2) The provisions of paragraph (1) of this subsection shall no longer apply after the term of the chairperson elected in 2002 is completed on December 31, 2002. On and after January 1, 2003, the chairperson shall be elected as provided in Section 2 of this Act."
SECTION 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) The members of the board of commissioners of Forsyth County serving on January 1, 2002, and members appointed or elected to fill vacancies in the membership of such board shall continue to serve out their terms of office and, except as otherwise provided in this Act, be representative of the districts from which elected as such districts existed at the time of their election.
(b)(1) For the purpose of electing the chairperson to the board of commissioners beginning with the general election in 2002 and continuing thereafter, District 1 shall consist of all of Forsyth County and shall be designated Post 1. This shall be the district from which the chairperson is elected.

THURSDAY, MARCH 15, 2001

2769

(2)(A) Except for the position of chairperson as provided in paragraph (1) of this subsection, for the purpose of electing the other members to the board of commissioners beginning with the general election in 2002 and continuing thereafter, Forsyth County shall be divided into four commissioner districts. Those districts shall consist of the described territory of Forsyth County attached to this Act and made a part hereof and further identified as 'Operator:local Client:forsyth Plan:forsythcc2001.' (B) For purposes of this paragraph:
(i) 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; (ii) Any part of Forsyth County which is not included in any commissioner district described in this paragraph 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 (iii) Any part of Forsyth County which is described in this paragraph 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 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. (c) On and after January 1, 2003, the members elected to Posts 2, 4, and 5 from Commissioner Districts 2, 4, and 5 at the 2000 general election shall be designated as the members of the board of commissioners from new Commissioner Districts 2, 4, and 5 created in this section until new members are elected at the 2004 general election from such districts by the electors of the entire county. (d) Beginning with the general election in 2002, and quadrennially thereafter, one member of the board of commissioners shall be elected from Commissioner District 3 and a member shall be elected from District 1 who shall be the chairperson of the board of commissioners. At the general election in 2004, and quadrennially thereafter, there shall be elected one member each from Commissioner Districts 2, 4, and 5. Members elected pursuant to this subsection and their successors shall take office on the first day of January following their election for terms of office of four years and until their successors are elected and qualified. (e) A commissioner elected from Commissioner District 2, 3, 4, or 5 shall be a resident of the commissioner district which he or she seeks to represent at the time of qualifying for office and shall be required to remain a resident of said district from which he or she was elected during his or her term of office. The chairperson shall be a resident of the county. A member of the board elected from Commissioner District 2, 3, 4, or 5 shall be elected by a majority vote of the electors of the entire county. The chairperson shall also be elected by a majority vote of the electors of the entire county voting in an election for such office. Positions on the board shall be Post 1, the chairperson, and

2770

JOURNAL OF THE HOUSE

Posts 2, 3, 4, and 5 which shall correspond with Commissioner Districts 2, 3, 4, and 5, and all candidates for membership on the board shall designate the post for which they are offering. The members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (f) It is the intent of the General Assembly that the commissioner districts provided for in subsection (b) of this Act shall be reapportioned based on the population figures applicable to Forsyth County contained in the 2000 United States decennial census prior to the holding of elections as authorized in this section."

SECTION 3. Said Act is further amended by striking in its entirety subsection (a) of Section 7 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The chairperson of the board of commissioners shall receive a salary of $4,100.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $1,200.00 per month, payable out of the funds of Forsyth County."

SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on November 6, 2001, 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 Forsyth County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for the election of the chairperson of the board of commissioners of Forsyth County for a four-year term of office by the electors of the entire county and provides for the election of each of the other four commissioners from a district by the electors of the entire county for a four-year term of office?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2002. If this Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The

THURSDAY, MARCH 15, 2001

2771

expense of such election shall be borne by Forsyth County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 5. Except as otherwise provided in Section 4 of this Act, Sections 1 through 3 of this Act shall become effective January 1, 2002. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. Pursuant to Section 5 of the Federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Forsyth County Board of Commissioners to submit this Act to the United States Attorney General for approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

District 002 Forsyth County Tract: 131171303
Block:
Tract: 131171306 Block:

217 218 219 220 229 230 231 232 233 234 235 236 238 239 240 241 242 243 244 245 246 247 248 249 250 299
101 102 103 104 105 106 107 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 299

District 003 Forsyth County Tract: 131171302
Block:

220 222 223 224 225 226 227 234 264 265 268 299C 299D

2772

JOURNAL OF THE HOUSE

Tract: 131171303 Block:
Tract: 131171304 Block:
Tract: 131171305 Block:
Tract: 131171306 Block:

101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 199 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 221 222 223 224 225 226 227 228 237
101 102 103 104 105 106 107 108 112 113 114 115 116 117 118 119 120 121 122 123 124 125A 125B 126 127 128 129 130 131 132 133A 133B 142A 142B 142C 143A 143B 144 145 146 147 148 149 150A 150B 150C 151A 151B 152A 152B 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 199A 199B 199C 199D 201A 201B 201C 202A 202B 203 204 205 206 207A 207B 208 209 210 211 212A 212B 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228A 228B 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243A 243B 244 245 246 247 248 249 250 251 252 253 254A 254B 255 256 299 301 302 303 304 305 306A 306B 307 308 309 310 311A 311B 311C 312 313 314A 314B 315 316 317 318A 318B 319 320 321 322 323 324 325 326 327 328 329 330 331
401 402 403 405 406 407 408A 408B 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 455 456 457 458 459 460 461 462 463 464 465 466 467 482 483 485 487 488 489 490 491 492 493 494 495 496 499A 499B 499C
108

District 004 Forsyth County Tract: 131171301
Block:

101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 136 137 138 139 145 146 149 150 151 152 153 154 155 156

THURSDAY, MARCH 15, 2001

2773

Tract: 131171302 Block:
Tract: 131171304 Block:
Tract: 131171305 Block:

157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 175 176 188 189 190 191 192 193 194 195 196 197 199A 199B 199C 199D 199E 199F 199G 301 302 303 304 305 306 307 308 312 313 314 315 316 317 318 319 320 321 322 323 399
101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 199A 199B 199C 199D 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 221 228 229 230 231 232 233 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 266 267 269 270 271 272 273 274 275 276 299A 299B 299E 299F
109 110 111 134A 134B 135 136 137 138 139A 139B 140A 140B 140C 140D 141A 141B
101 102 103 104 105 106 107 114 115 116

District 005 Forsyth County Tract: 131171301
Block:
Tract: 131171305 Block:

135 140 141 142 143 144 147 148 173 174 177 178 179 180 181 182 183 184 185 186 187 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 299 309 310 311
108 109 110 111 112 113 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 199 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260

2774

JOURNAL OF THE HOUSE
299 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 399 404 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 468 469 470 471 472 473 474 475 476 477 478 479 480 481 484 486 497 499D 499E

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

HB 908. By Representative Byrd of the 170th:
A BILL to amend an Act creating the Board of Commissioners of Appling County, so as to change the provisions relating to the compensation and expenses of the chairperson and members of the board of commissioners; to provide for the power of the chairperson of the board of commissioners to veto ordinances, resolutions, or portions thereof; and for other purposes.

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

HB 909. By Representative Byrd of the 170th:
A BILL to amend an Act incorporating and providing a new charter for the City of Graham, so as to change the provisions relating to municipal elections; to change the provisions relating to the terms of office and the election of the mayor and councilmembers; and for other purposes.

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

THURSDAY, MARCH 15, 2001

2775

HB 910. By Representatives Stallings of the 100th, Murphy of the 18th and West of the 101st:
A BILL to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; and for other purposes.

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

HB 920. By Representative Holland of the 157th:
A BILL to abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; and for other purposes.

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

HB 921. By Representative Holland of the 157th:
A BILL to provide a new charter for the City of Ashburn; and for other purposes.

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

HB 922. By Representative Jenkins of the 110th:
A BILL to amend an Act entitled "An Act creating the board of commissioners of Monroe County so as to change the amount of compensation of the chairperson and 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.

2776

JOURNAL OF THE HOUSE

HB 924. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to provide for the appointment of members of the authority; to provide for the filling of vacancies; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
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.
The following Committee substitute was read and adopted:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is

THURSDAY, MARCH 15, 2001

2777

amended by striking Section 2A of said Act and inserting in lieu thereof a new Section 2A to read as follows:
"SECTION 2A. Effective January 1, 2002, the compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $33,750.00 per annum from the funds of Gwinnett County. Such supplement shall be payable in equal monthly installments. The governing authority of Gwinnett County is authorized and directed to the compensation provided in this section. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."
SECTION 2. This Act shall become effective on January 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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.

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

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

2778

JOURNAL OF THE HOUSE
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.

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

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.

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

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.

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

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

THURSDAY, MARCH 15, 2001

2779

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.

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

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.

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

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.

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

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

2780

JOURNAL OF THE HOUSE
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.

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

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.

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

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.

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
Brown Buck Y Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Byrd Y Callaway Y Campbell Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Collins Y Connell Y Cooper

THURSDAY, MARCH 15, 2001

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean 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 E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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
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
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Orrock
Parham Parrish Y Parsons Y Pelote Y Pinholster Poag Y Porter Y Powell Y Purcell Ragas Y Randall Ray Y Reece Reed Y Reese Y Reichert E 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 Sims Sinkfield Y Skipper Y Smith, B

2781
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
Twiggs Y Unterman
Walker, L 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 Bills, the ayes were 141, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Buck of the 135th 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.

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

2782

JOURNAL OF THE HOUSE

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 345. By Senator Smith of the 25th:
A resolution to designate the James Hulman Stanford Memorial Bridge in Putnam County; and for other purposes.
HR 102. By Representative Harrell of the 62nd:
A RESOLUTION compensating Ms. Valerie Louise Hamby; and for other purposes.
HR 141. By Representative Smith of the 169th:
A RESOLUTION compensating Bobby W. Kirkland and Carolyn Kirkland; and for other purposes.
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.
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.
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 other purposes.
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:

THURSDAY, MARCH 15, 2001

2783

A RESOLUTION designating the Earl T. Shinhoster Bridge; and for other purposes.
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"; and for other purposes.
HR 270. By Representative Scott of the 165th:
A RESOLUTION designating the Hugh J. Thomas Bridge; and for other purposes.
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.
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.
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.
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.
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.

2784

JOURNAL OF THE HOUSE

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

THURSDAY, MARCH 15, 2001

2785

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.
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.
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.
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.
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.
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:

2786

JOURNAL OF THE HOUSE

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

THURSDAY, MARCH 15, 2001

2787

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.

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.

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

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

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.

2788

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.

THURSDAY, MARCH 15, 2001

2789

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:
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.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 306. By Senator Ray of the 48th:
A bill to be entitled an Act to provide for an advisory referendum election to be held in the City of Sugar Hill for the purpose of ascertaining whether the charter of the City of Sugar Hill should be dissolved; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
SB 308. By Senator Hamrick of the 30th:
A bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), so as to change the composition, qualifications, and terms of office of members of that authority; to provide for nonvoting membership and abolition thereof; to provide for quorum, vacancies, compensation, and reports and audits; to repeal conflicting laws; and for other purposes.
SB 309. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4124), so as to provide for the creation of a historical review board to make recommendations to the authority regarding the preservation and renovation of historical properties located within the Downtown Marietta District; to provide for related matters; to repeal conflicting laws; and for other purposes.
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:

2790

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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.

THURSDAY, MARCH 15, 2001

2791

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.
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.
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.
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.
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.
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.

2792

JOURNAL OF THE HOUSE

HB 819. By Representative Murphy of the 18th:
A BILL to create a board of elections and registration for Haralson County and provide for its powers and duties; and for other purposes.
HB 830. By Representative Amerson of the 7th:
A BILL to create the City of Dahlonega Water and Sewerage Authority; and for other purposes.
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.
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.
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.
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.
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:

THURSDAY, MARCH 15, 2001

2793

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.
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.
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 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.
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.
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 taking of office, the qualification of candidates, and the terms of office of the mayor and councilmembers; and for other purposes.

2794

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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

THURSDAY, MARCH 15, 2001

2795

exemption from Chatham County ad valorem taxes for county purposes, so as to provide for eligibility without application; and for other purposes.
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.
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.
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.
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.

2796

JOURNAL OF THE HOUSE

The Senate has adopted by the requisite constitutional majority, the following resolution of the Senate:
SR 405. By Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th: A resolution relative to adjournment; 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 306. By Senator Ray of the 48th: A bill to be entitled an Act to provide for an advisory referendum election to be held in the City of Sugar Hill for the purpose of ascertaining whether the charter of the City of Sugar Hill should be dissolved; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 308. By Senator Hamrick of the 30th: A bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), so as to change the composition, qualifications, and terms of office of members of that authority; to provide for nonvoting membership and abolition thereof; to provide for quorum, vacancies, compensation, and reports and audits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 309. By Senator Thompson of the 33rd: A bill to be entitled an Act to amend an Act creating the Downtown Marietta

THURSDAY, MARCH 15, 2001

2797

Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4124), so as to provide for the creation of a historical review board to make recommendations to the authority regarding the preservation and renovation of historical properties located within the Downtown Marietta District; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SR 345. By Senator Smith of the 25th:
A resolution to designate the James Hulman Stanford Memorial Bridge in Putnam County; and for other purposes.

Referred to the Committee on Transportation.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Amerson of the 7th moved that the House insist on its position in substituting SB 58.
The motion prevailed.

2798

JOURNAL OF THE HOUSE

The following Resolution of the House was read and referred to the Committee on Rules:

HR 618. By Representatives Bannister of the 77th, Coan of the 82nd and Callaway of the 81st:
A RESOLUTION inviting the coaches and players of the Berkmar High School Patriots basketball team to appear before the House of Representatives; and for other purposes.

Representative Mobley of the 69th 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 Senate were taken up for consideration and read the third time:

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.

The following Committee substitute was read and adopted:

A BILL
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 temporarily 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

THURSDAY, MARCH 15, 2001

2799

increase the dollar limit for noncompetitive purchases from $2,500.00 to $5,000.00; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by striking in its entirety Code Section 50-5-67, relating to competitive bidding procedure, and inserting in lieu thereof the following:
"50-5-67. (a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of

2800

JOURNAL OF THE HOUSE

proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, or equipment made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (c) When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the low bid exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. (d) Every bid conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Department of Administrative Services shall also, within five days after the award or letting of the contract, publish the name of the successful bidder on public display in a conspicuous place in the departments office so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of

THURSDAY, MARCH 15, 2001

2801

Administrative Services shall also, within five days after the award or letting of the contract, publish on public display the names of all persons whose bids were rejected by it, together with a statement giving the reasons for such rejection. All the information required to be placed on public display in a conspicuous place at the office of the Department of Administrative Services shall also be recorded in a permanent book to be kept by the Department of Administrative Services, which record shall always be subject to public inspection upon request. Bids shall be opened in public by the Department of Administrative Services, which shall canvass the bids and award the contract according to the terms of this part. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the various departments, institutions, and agencies of the state government the sources of the supplies and the contract price of the various supplies, materials, and equipment so contracted for. (e) On all sealed bids or proposals received or solicited by the Department of Administrative Services, by any department, agency, board, or bureau of the state, or by any person in behalf of any department, agency, board, or bureau of the state, except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used:
'I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.' (f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auctions time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00. This subsection shall stand repealed in its entirety on July 1, 2003. (g) Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority."
SECTION 2. Said article is further amended by striking in its entirety Code Section 50-5-69, relating to purchases without competitive bidding, and inserting in lieu thereof the following:

2802

JOURNAL OF THE HOUSE

"50-5-69. (a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 $5,000.00 and are is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $100,000.00 and may provide the circumstances and conditions under which such purchases may be effected. (b) The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the departments responsibility to manage the states procurement system. It shall be the responsibility of each agency, department, board, commission, authority, and council to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities. (c) The Department of Administrative Services is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) of this Code section subject to approval of the State Depository Board pursuant to the State Depository Boards authority to prescribe cash management policies and procedures for state agencies under Code Section 50-17-51. All purchases made through procurement card shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Department of Administrative Services. (d) The commissioner of administrative services shall promulgate rules and regulations necessary to carry out the intent of this Code section. (e) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases."
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:

THURSDAY, MARCH 15, 2001

2803

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
Channell Y Childers
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
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 E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines
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
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
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Orrock Parham Parrish
Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece
Reed Reese Y Reichert E 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 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 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

SB 162. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Walker of the 22nd:

2804

JOURNAL OF THE HOUSE

A bill to be entitled an Act to amend Chapter 2 of Title 41 of the O.C.G.A., relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law; any optional building, fire, life safety, or other codes relative to the safe use of real property adopted by ordinance in the jurisdiction where the property is located; or general nuisance law; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable codes or general nuisance law; to change the definition of certain terms; to define additional terms; to change the provisions relating to county or municipal ordinances relating to unfit buildings or structures; to provide for the adoption and enforcement of county ordinances relating to nuisances; to provide for filing and adjudication of a complaint in rem; to provide for service of process; to provide that costs expended by a local government to make property safe shall be treated and collected in the same manner as tax liens; to change other provisions relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures; to provide protection for the rights of minors, estates, incompetent persons, unknown persons, and unborn remaindermen; to provide procedures; to change the provisions relating to prior ordinances relating to the repair, closing, or demolition of unfit buildings or structures; 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 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, is amended by striking in its entirety Code Section 41-2-7, relating

THURSDAY, MARCH 15, 2001

2805

to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-7 to read as follows:
"41-2-7. (a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the jurisdiction where the property is located; or general nuisance law and are inimical to the welfare and are dangerous and injurious which constitute a hazard to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. It is found and declared that in the counties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack of adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of such county or municipality, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, power is conferred upon such county or municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17. (b) All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17 including method and procedure may also be applied to private property where there exists an endangerment to the public health or safety as a result of an accumulation of weeds, trash, junk, filth, and other unsanitary or unsafe conditions shall create a public health hazard or a general nuisance to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 412-17. (c) The exercise of the powers conferred upon counties in this Code section and in Code Sections 41-2-8 through 41-2-17 shall be limited to properties located in the unincorporated areas of such counties."

2806

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended by striking in its entirety Code Section 41-2-8, relating to definitions applicable to Code Sections 41-2-7 through 41-2-17, and inserting in lieu thereof a new Code Section 41-2-8 to read as follows:
"41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (1)(2) 'Closing' means securing and causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (2)(3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (3)(4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (4)(5) 'Governing body authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (5)(6) 'Municipality' means any incorporated city within this state. (6)(7) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (7)(8) 'Parties in interest' means persons in possession of said property and all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardians, and trustees having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien

THURSDAY, MARCH 15, 2001

2807

upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia, having paid an occupational tax to the governing authority, or having filed a tax return with the governing authority as to the subject property. (8)(9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (9)(10) 'Public officer' means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (10)(11) 'Repair' means closing a dwelling, building, or structure or altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-9 to read as follows:
"41-2-9. (a) As used in this Code section, the term 'resident' means any person residing in the affected jurisdiction on or before the date on which the alleged nuisance arose. (b)(a) In addition to any other remedies or enforcement mechanisms available, upon Upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:

2808

JOURNAL OF THE HOUSE

(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (1)(2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (2)(3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, or structure, or property is unfit for human habitation or for commercial, industrial, or business use or whenever it appears to the public officer (on his own motion) that any dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use or and not in compliance with applicable codes; is vacant, dilapidated, and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county or municipality in which the property is located, fixed not less than ten days nor more than 30 days after the serving of said complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer make an investigation or inspection of the specific dwelling, building, structure, or property. If the officers investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest that a hearing

THURSDAY, MARCH 15, 2001

2809

will be held before a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (3)(4) That if, after such notice and hearing, the public officer court determines that the dwelling, building, or structure under consideration in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use or and not in compliance with applicable codes; is vacant, dilapidated, and being used in connection with the commission of drug crimes,; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, he the court shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest that have answered the complaint or appeared at the hearing thereof an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, or parties in interest, within the time specified in the order, to remove or demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factor in the courts determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes in force in the jurisdiction; In no event shall the governing authority of any such

2810

JOURNAL OF THE HOUSE

county or municipality require removal or demolition of any dwelling, building, or structure except upon a finding that the cost of repair, alteration, or improvement thereof exceeds one-half the value such dwelling, building, or structure will have when repaired to satisfy the minimum requirements of this law; (4)(5) That, if the owner or parties in interest fail fails to comply with an order to vacate and close repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished.; and that the The public officer may shall cause to be posted on the main entrance of any the building, dwelling, or structure so closed a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions.; the The use or occupation of this building for human habitation or for commercial, industrial, or business use is prohibited and unlawful.'; (5) That, if the owner fails to comply with any order to remove or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that the duties of the public officer, set forth in paragraph (4) of this Code section and this paragraph, shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of Code Sections 41-2-7, 41-2-8, this Code section, and Code Sections 41-2-10 through 41-2-17 with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial, or business use, which property or properties shall be described in the ordinance; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; That the amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the payment of all costs of demolition by the county or municipality and the filing of an itemized statement of the total sum of said costs by the public officer in the office of the clerk of the governing body of the county or municipality on a lien docket maintained by said clerk for such purposes. If the dwelling, building, or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings, or structures and shall credit the

THURSDAY, MARCH 15, 2001

2811

proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise; (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. Counties and municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings, or structures only in the following manner:
(A) The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the county or municipal corporation, within 30 days after the perfection of said lien, a sum of money equal to 25 percent of the total amount due and by further paying to said county or municipal corporation the remaining balance due on such lien, together with interest at the rate of 7 percent per annum, in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed; (B) Should the property upon which such lien is perfected be sold, transferred, or conveyed by the owner or parties at interest at any time prior to the termination of the said three-year period, then the entire balance due on such lien shall be due and payable to the county or municipal corporation; and (C) Should the amount due on such lien, or any portion thereof, be unpaid after the passage of said three-year period, or upon the occurrence of the contingency provided for in subparagraph (B) of this paragraph, the county or municipal corporation may enforce the collection of any amount due on such lien for alteration, repair, removal, or demolition of dwellings, buildings, or structures in the same manner as provided in Code Section 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title, or interest in or lien upon said property, all as provided by Article 3 of Chapter 4 of Title 48. (b)(1) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) of Code Section 41-2-12. The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified

2812

JOURNAL OF THE HOUSE

copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. It shall be the duty of the county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. The tax commissioner shall remit the amount collected to the governing authority of the county or municipality whose ordinance is being enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (c) The governing authority may waive and release any such lien imposed on property upon the owner of such property entering into a contract with the county or municipality agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation. (d) Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the superior court under Code Section 5-3-29. (e) In addition to the procedures and remedies in this chapter, a governing authority may provide by ordinance that designated public officers may issue citations for violations of state minimum standard codes, optional building, fire, life safety, and other codes adopted by ordinance, and conditions creating a public health hazard or general nuisance, and seek to enforce such citations in a court of competent jurisdiction prior to issuing a complaint in rem as provided in this Code section. (f) Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-12 to read as follows:

THURSDAY, MARCH 15, 2001

2813

"41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 412-13 through 41-2-17 shall, in be served in the following manner. In all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon each person in possession of said property, each owner, and each party in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owner, and party in interest a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways:
(1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected; (2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any of the owners owner and parties or party in interest shall reside out of the county or municipality, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence shall be conclusive as to such service is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. (c) Nonresidents of this state, whose mailing address is known, shall be served by posting a copy of such complaint or orders in a conspicuous place on premises affected by the complaint or orders certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail or statutory overnight delivery. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent or an insane person, or person laboring under disabilities, the guardian or

2814

JOURNAL OF THE HOUSE

other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident of this state, he or she shall be served as provided for in subsection (c) of this Code section. or this subsection in such cases. If such minor or insane person or person laboring under disabilities owner or party in interest has no guardian or personal representative, or in the event such minor or insane person lives outside the county or municipality or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the county or municipality or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing who which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent or insane person or appoint a guardian ad litem for such person. (e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (e)(f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, and the public officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same and serve by publication in the manner as provided in subsection (c) of this Code section, or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved and such publication shall be sufficient proof that service was perfected. (f)(g) A notice of lis pendens copy of such complaint or orders shall also be filed in the proper office or offices for the filing of lis pendens notice office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Any such complaint or orders or an appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the clerk of the governing body of the county or municipality. (h) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest who answers the complaint or appears at the hearing. Any party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."

THURSDAY, MARCH 15, 2001

2815

SECTION 5. Said chapter is further amended by striking in its entirety Code Section 41-2-17, relating to prior ordinances relating to repair, closing, or demolition of unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-17 to read as follows:
"41-2-17. Ordinances relating to the subject matter of Code Sections 41-2-7 through 41-2-16 and this Code section adopted prior to April 1, 1966 July 1, 2001, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections."
SECTION 6. This Act shall become effective on July 1, 2001.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Martin of the 47th and Willard of the 44th move to amend the Committee substitute to SB 162 by striking lines 36 and 37 on page 3 and lines 1 through 9 on page 4 and inserting in lieu thereof the following:
"(7)(8) 'Parties in interest' means: (A) Persons persons in possession of said property and premises; all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardians, and trustees (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a real property tax return with the governing authority as to the subject property, building, or structure."
By striking line 2 on page 7 and inserting in lieu thereof the following:

2816

JOURNAL OF THE HOUSE

"in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a".
By striking line 17 on page 7 and inserting in lieu thereof the following:
"bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction;".

The following amendment was read and adopted:

Representative Wiles of the 34th moves to amend the Martin amendment to the Committee substitute to SB 162 as follows:
By deleting on line 18 the word "real".

The Martin amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

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

Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong N Black Y Boggs N Bohannon Y Bordeaux
Borders N Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings
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 N 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 N Joyce N Kaye Y Keen N Knox Y Lane N Lanier

Y Mueller Y Orrock
Parham Y Parrish
Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reese

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 Y Stephens Y Stokes Y Stuckey

Y Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, MARCH 15, 2001

N Franklin Y Golick Y Graves Y Greene N Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

N 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
Morris Y Mosley

Y Reichert Y Rice
Richardson N Roberts, D Y Roberts, L N Rogers Y Royal Y Sailor N Sanders
Scheid Y Scott Y Seay Y Shanahan N Shaw Y Sholar
Sims Y Sinkfield Y Skipper N Smith, B

2817
Y Taylor Teague
Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Wix N Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Davis of the 60th 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.

Due to a mechanical malfunction, the vote of Representative Borders of the 177th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following amendment was read:

2818

JOURNAL OF THE HOUSE

Representatives Porter of the 143rd, Ashe of the 46th and Stuckey of the 67th move to amend SR 142 by inserting on line 1 of page 4, between the word "plan" and the symbol "," the following:
"that will make all Georgia waters fishable and swimmable".
By inserting on line 2 of page 4, between the word "appropriate" and the symbol "." the following:
"to provide adequate supplies of clean water to all Georgians".

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

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

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

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

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

THURSDAY, MARCH 15, 2001

2819

On the adoption of the amendment, the ayes were 75, nays 90. The amendment was lost.

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 "nay" thereon.

Representative Porter of the 143rd moved that the House reconsider its action in failing to adopt the Porter amendment.

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

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

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

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

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

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

2820
N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens N Hudson, N

Y Morris Y Mosley

N Skipper Y Smith, B

N Yates Murphy, Speaker

On the motion, the ayes were 97, nays 72. The motion prevailed.

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

N Cox N Crawford Y Cummings Y Davis N Day Y Dean N Deloach, B Y Deloach, G Y Dix N Dodson Y Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene N Hammontree N Hanner N Harbin E Harrell N Heard Y Heckstall N 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 Y Jamieson 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 N Lunsford N Maddox N Mangham E Mann N Manning Y Martin Y Massey Y McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

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

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

On the adoption of the amendment, the ayes were 69, nays 104.

THURSDAY, MARCH 15, 2001 The amendment was lost.

2821

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
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 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
Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y 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 Y Jenkins Y Jennings
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

Mueller Y Orrock Y 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 N Sanders Y Scheid Y Scott
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 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 adoption of the Resolution, the ayes were 163, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

2822

JOURNAL OF THE HOUSE

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.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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.
Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 175 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.

THURSDAY, MARCH 15, 2001

2823

The following Committee substitute was read and adopted:

A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, is amended by striking subsection (a) of Code Section 10-1-7, relating to providing for payment of delinquency charges and related matters, and inserting in its place the following:
"(a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such The charge may not exceed $10.00 $13.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs."
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 N Bannister Y Barnard Y Barnes Y Bell

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

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

Y Mueller Y Orrock Y Parham Y Parrish N Parsons
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 E Snelling

2824
Y Birdsong N Black Y Boggs Y Bohannon Y Bordeaux N Borders Y Bridges Y Brooks Y Broome N Brown Y Buck
Buckner N Bulloch N Bunn
Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

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

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

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

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 N Willard N Williams Y Wix Y Yates
Murphy, Speaker

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

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

THURSDAY, MARCH 15, 2001 AFTERNOON SESSION

2825

Representative Parrish of the 144th called the House to order.

The Speaker assumed the Chair.

The following Resolutions of the House were read:

HR 617. By Representatives Murphy of the 18th, Walker of the 141st, Connell of the 115th, Coleman of the 142nd, Buck of the 135th and others:
A RESOLUTION in memory of Judge Randolph Wayne Pressley; and for other purposes.

HR 619. By Representative Squires of the 78th: A RESOLUTION commending David Schneider; and for other purposes.

HR 620. By Representative Squires of the 78th:
A RESOLUTION commending James Dickson Grimes; and for other purposes.

HR 621. By Representative Squires of the 78th: A RESOLUTION commending Evan Wayne Moon; and for other purposes.

HR 622. By Representatives Cummings of the 27th, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Skipper of the 137th and others:
A RESOLUTION commending George E. Mundy; and for other purposes.

HR 623. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th, Hanner of the 159th, Smith of the 91st and others:

2826

JOURNAL OF THE HOUSE

A RESOLUTION commending Ed Clark; and for other purposes.
HR 624. By Representative Channell of the 111th: A RESOLUTION commending John Morris; and for other purposes.
HR 625. By Representative Channell of the 111th: A RESOLUTION commending Christie Sheppard; and for other purposes.
HR 626. By Representative Channell of the 111th: A RESOLUTION commending Katie Collis; and for other purposes.
HR 627. By Representative Channell of the 111th: A RESOLUTION commending Quinton Burch; and for other purposes.
HR 628. By Representative Channell of the 111th: A RESOLUTION commending Brittany Neff; and for other purposes.
HR 629. By Representatives Yates of the 106th and Sanders of the 107th: A RESOLUTION expressing regret at the passing of Horace S. (Bud) Kelley, Jr.; and for other purposes.
HR 630. By Representatives Yates of the 106th and Sanders of the 107th: A RESOLUTION commending Beaverbrook Elementary School as a Master School; and for other purposes.

THURSDAY, MARCH 15, 2001

2827

HR 631. By Representative Orrock of the 56th:
A RESOLUTION commending the Georgia State Soccer Association; welcoming the United States Soccer Federation; and recognizing July 19-20, 2001, as the Soccer Days of Georgia; and for other purposes.

HR 632. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending the Valdosta-Lowndes County Habitat for Humanity and the City of Valdosta; and for other purposes.

HR 633. By Representative Cox of the 105th:
A RESOLUTION commending McIntosh High School as a 2001 School of Excellence; and for other purposes.

HR 634. By Representatives Porter of the 143rd, Jamieson of the 22nd, Buck of the 135th, Parrish of the 144th, Coleman of the 142nd and others:
A RESOLUTION recognizing and commending Dr. John E. Trainer, Jr., President of the Georgia Foundation for Independent Colleges; 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 Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Boggs Y Bohannon Y Bordeaux Y Borders Bridges Y Brooks

Y Cox Y Crawford
Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Y Epps Y Everett Floyd

Y Hudson, S Hugley
Y Irvin Y Jackson, B
Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Knox Lane

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P E Smith, T Y Smith, V
Smyre E Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes

2828
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 Y Coleman, B
Coleman, T Collins Y Connell Cooper

JOURNAL OF THE HOUSE

Y Forster Franklin Golick
Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines
Holland Holmes Y Houston Howard Hudgens Y Hudson, N

Y Lanier Y Lewis Y Lord
Lucas Lunsford Maddox Y Mangham E Mann Y Manning Martin Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Mobley Morris Y Mosley

Y Reese Reichert
Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Sinkfield Skipper Smith, B

Y Stuckey Taylor Teague
Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Walker, R.L Y Watson West Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 112, nays 0. The Resolutions were adopted.

Representatives Collins of the 29th, Day of the 153rd 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.

The following Resolution of the House was read and adopted:

HR 635. By Representative Cash of the 108th: A RESOLUTION commending Nathan Wilkes; 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:

THURSDAY, MARCH 15, 2001

2829

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to require a heath record to be furnished within a reasonable time frame; to change provisions relating to furnishing copies of a record; to change provisions relating to costs of copies; 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 33 of the Official Code of Georgia Annotated, relating to health records, is amended by striking subsection (b) of Code Section 31-33-2, relating to furnishing a copy of records to a patient or provider, and inserting a new subsection (b) to read as follows:
"(b) Any record requested under subsection (a) of this Code section shall be furnished within a reasonable period of time to the patient, any other provider designated by the patient, or any other person designated by the patient."
SECTION 2. Said chapter is further amended by striking Code Section 31-33-3, relating to costs of copying and mailing health records, in its entirety and inserting in lieu thereof the following:
"31 -33-3. (a) The party requesting the patients records shall be responsible to the provider for the reasonable costs of copying and mailing the patients record. A charge of up to $20.00 may be collected for search, retrieval, and other direct administrative costs related to compliance with the request under this chapter. A fee for certifying the medical records may also be charged not to exceed $7.50 for each record certified. The actual cost of postage incurred in mailing the requested records may also be charged. In addition, copying costs for a record which is in paper form shall not exceed $.75 per page for the first 20 pages of the patients records which are copied; $.65 per page for

2830

JOURNAL OF THE HOUSE

pages 21 through 100; and $.50 for each page copied in excess of 100 pages. All of the fees allowed by this Code section may be adjusted annually in accordance with the medical component of the consumer price index. The Office of Planning and Budget shall be responsible for calculating this annual adjustment, which will become effective on July 1 of each year. To the extent the request for medical records includes portions of records which are not in paper form, including but not limited to radiology films, models, or fetal monitoring strips, the provider shall be entitled to recover the full reasonable cost of such reproduction. Payment of such costs may be required by the provider prior to the records being furnished. This subsection shall not apply to records requested in order to make or complete an application for a disability benefits program. (b) The rights granted to a patient or other person under this chapter are in addition to any other rights a such patient or person may have relating to access to his a patients records; however, nothing in this chapter shall be construed as granting to a patient or person any right of ownership in the records, as such records are owned by and are the property of the provider."
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
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 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 Y Golick Y Graves Y Greene Y Hammontree

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

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

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

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

THURSDAY, MARCH 15, 2001

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

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

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

2831
Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West
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 130, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 25.

By Senator Johnson of the 1st:
A bill to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to authorize delivery of notices previously required to be delivered by registered or certified mail to be provided by overnight or commercial delivery service; to provide for related matters; to provide for an effective date and 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.

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

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

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

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P E Smith, T Y Smith, V
Smyre

2832
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
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

JOURNAL OF THE HOUSE

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
Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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

Y Poag Y Porter
Powell Y Purcell Y Ragas
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 Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

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 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 149, 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.

SB 269. By Senators Kemp of the 3rd, Haines of the 46th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 5-3-30 of the Official Code of Georgia Annotated, relating to calendaring appeals in the superior or state courts and jury trials therein, so as to eliminate the magistrate court monetary jurisdictional limit; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 15, 2001

2833

The report of the Committee, which was favorable to the 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
Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B
Coleman, T Collins 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 N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree
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
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin
Massey McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E 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 Twiggs Y Unterman 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 138, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representatives Collins of the 29th and McBee of the 88th 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.

2834

JOURNAL OF THE HOUSE

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.

The following amendment was read:

Representative Stancil of the 16th moves to amend SB 150 as follows: Page 1, line 13, delete $5,000.00. Insert $7,500.00. P. 2, line 3, delete $5,000.00. Insert $7,500.00.

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

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

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

Y Hudson, S N 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 N Mangham

Y Mueller Y Orrock
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 N 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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil
Stanley N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper Y Tillman N Turnquest
Twiggs

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

THURSDAY, MARCH 15, 2001

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

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

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

2835
Y Unterman Y Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 126, nays 28. The amendment was adopted.

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

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

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
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
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

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 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 Y Sailor Y Sanders

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E 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

2836
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y 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, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, 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 Pro Tem assumed the Chair.

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.

The following amendment was read:

Representative Squires of the 78th et al. move to amend SB 53 by adding following the

THURSDAY, MARCH 15, 2001

2837

word and symbol "intent;" on line 1 of page 1 the following:
"to amend Part 1 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the 'Uniform Deceptive Trade Practices Act,' so as to declare as contrary to public policy certain contracts between a hospital and an insurer;".
By adding between lines 18 and 19 of page 1 a new Section 1.1 to read as follows:
"SECTION 1.1. Part 1 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the 'Uniform Deceptive Trade Practices Act,' is amended by adding a new Code Section 10-1-372.1 to read as follows:
'10-1-372.1. Any contract, or any renewal or amendment thereof, for the provision of health services by any hospital which is executed on or after July 1, 2001, and which interferes with or restricts the right of any insurer to contract with any other hospital for the provision of health services is against the public policy of this state and is void and unenforceable.'".

The following amendment was read and adopted:

Representative Everett of the 163rd moves to amend the Squires amendment to SB 53 as follows:
Add after unenforceable.'". on line 16 . However in no way can this provision effect the Certificate of Need regulations.

The Squires amendment, as amended, was withdrawn.

The report of the Committee, which was favorable to the 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 Amerson
Y Anderson Y Ashe
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 Y 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
Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling

2838
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
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dix Y Dodson
Drenner Dukes Y Ehrhart Epps Y Everett 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 Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

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 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 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
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.

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.

HR 514. By Representatives Parrish of the 144th, Jamieson of the 22nd, Channell of the 111th, Burkhalter of the 41st and Stephens of the 150th:
A RESOLUTION creating the House Tourism Study Committee; and for other purposes.

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

THURSDAY, MARCH 15, 2001

2839

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 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 Y Collins
Connell Cooper

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 Y Floyd Y Forster N 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 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
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 Y McClinton Y McKinney
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 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E 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 N 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 adoption of the Resolution, the ayes were 156, nays 9. The Resolution, having received the requisite constitutional majority, was adopted.

SB 98.

By Senators Thompson of the 33rd, Tate of the 38th and Thomas of the 2nd:
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

2840

JOURNAL OF THE HOUSE
regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Franklin of the 39th moves to amend SB 98 as follows: P. 2, line 7, change "shall" to "may".

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

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 N Floyd
Forster Y Franklin N Golick N Graves N Greene Y Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hembree N Henson Y 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 Y Jennings N Johnson N Jordan Y Joyce Y Kaye N Keen N Knox N Lane N Lanier N Lewis
Lord N Lucas
Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N 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 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 N Smith, B

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

THURSDAY, MARCH 15, 2001

2841

On the adoption of the amendment, the ayes were 28, nays 136. The amendment was lost.

The following amendment was read and adopted:

Representative Harbin of the 113th moves to amend SB 98 by inserting "to require certain physicians to provide information regarding surveillance tests to certain patients;" after "cancer;" in line 3 of page 1, by deleting the quotation marks at the end of line 11 of page 2, and by inserting after line 11 of page 2 the following:
"(d) A physician who assesses a patient for ovarian cancer and such patient is at risk for ovarian cancer shall advise such patient of the availability of surveillance tests in accordance with the practices of the profession generally under similar conditions and like surrounding circumstances.'".

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
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
Everett Y Floyd
Forster N Franklin Y Golick Y Graves Y Greene

Y 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 Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
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 Smith, C Y Smith, C.W
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

2842
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 Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

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 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 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 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Jenkins of the 110th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

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

THURSDAY, MARCH 15, 2001

2843

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
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 Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y 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 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 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

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 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.

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

2844

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the 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
Bell Y Birdsong Y Black Y Boggs
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
Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
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 Harbin E 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
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
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
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
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
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

THURSDAY, MARCH 15, 2001

2845

On the passage of the Bill, the ayes were 155, 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.

The following Resolution of the Senate was read:

SR 405. By Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, March 15, 2001, and shall reconvene on Monday, March 19, 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 BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Monday, March 19, 2001, and shall reconvene on Wednesday, March 21, 2001. 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 Y Black

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson

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

2846
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 Cooper

JOURNAL OF THE HOUSE

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 Y 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
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
McKinney Y Millar Y Mills Y Mobley Y Morris
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
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 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 168, nays 0. The Resolution was adopted.

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

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

THURSDAY, MARCH 15, 2001

2847

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 certain personal information in all records; to provide for certain access to such personal information for certain purposes; 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 (11.1) of subsection (a) and inserting in lieu thereof the following:
"(11.1)(A) An individuals social security number, mothers birth name, credit card information, debit card information, bank account information, financial data or information, and insurance or medical information in personnel all records, and if technically feasible at reasonable cost, day and month of birth, which may shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records; if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth. (B) A news media organization which uses a social security number or day and month of birth provided to the news media organization pursuant to the provisions of subparagraph (A) of this paragraph to commit libel as defined in Code Section 51-5-1, newspaper libel as defined in Code Section 51-5-2, or slander as defined in Code Section 51-5-4 shall be liable for damages. Damages shall be inferred from the libel or slander and shall consist of general or special damages, or both; punitive damages; expenses of litigation; and attorney fees. Damages under this subparagraph shall not be reduced by Code Section 51-5-10, relating to liability for defamatory statement in visual or sound broadcast or Code Section 51-5-11, relating to admissibility of evidence in a libel action concerning correction and retraction. (C) Providing or obtaining information protected by the provisions of this paragraph in violation of this paragraph shall be punishable as a misdemeanor and shall give rise to a cause of action for invasion of privacy by an injured party. Any prosecution pursuant to this paragraph shall be in accordance with the procedure in subsection (b) of Code Section 50-18-74.

2848

JOURNAL OF THE HOUSE

(D) In the event that the custodian of public records protected by this paragraph has good faith reason to believe that a pending request for such records has been made fraudulently, under false pretenses, or by means of false swearing, such custodian shall apply to the superior court of the county in which such records are maintained for a protective order limiting or prohibiting access to such records. (E) This paragraph shall have no application to:
(i) The disclosure of information contained in the records or papers of any court or derived therefrom; (ii) The disclosure of information to a court, prosecutor, or publicly employed law enforcement officer seeking records in an official capacity; (iii) The disclosure of information to a public employee of this state, its political subdivisions, or the United States who is obtaining such information for administrative purposes, in which case, subject to applicable laws of the United States, further access to such information shall continue to be subject to the provisions of this paragraph; (iv) The disclosure of information as authorized by the order of a court of competent jurisdiction upon good cause shown to have access to any or all of such information upon such conditions as may be set forth in such order; (v) The disclosure of information to the individual in respect of whom such information is maintained, with the authorization thereof, or to an authorized agent thereof; provided, however, that the agency maintaining such information shall require proper identification of such individual or such individuals agent, or proof of authorization, as determined by such agency; (vi) The disclosure of the day and month of birth and mothers birth name of a deceased individual; (vii) The disclosure of public records pursuant to Article 9 of Title 11 as now or hereafter amended; (viii) The disclosure by an agency of credit or payment information in connection with a request by a consumer credit reporting agency as that term is defined under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (ix) The disclosure of information to protect against or prevent actual or potential fraud or unauthorized transactions; (x) The disclosure by an agency of information in its records in connection with the agency's discharging or fulfilling of its duties and responsibilities, including, but not limited to, the collection of debts owed to the agency or individuals or entities whom the agency assists in the collection of debts owed to the individual or entity; or (xi) The disclosure of information for legitimate law enforcement purposes. (F) This paragraph shall supplement and shall not supplant, overrule, replace, or otherwise modify or supersede any provision of statute, regulation, or law of the federal government or of this state as now or hereafter amended or enacted requiring, restricting, or prohibiting access to the information identified in

THURSDAY, MARCH 15, 2001

2849

subparagraph (A) of this paragraph and shall constitute only a regulation of the methods of such access where not otherwise provided for, restricted, or prohibited. "
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Millar of the 59th moves to amend the Committee substitute to SB 205 as follows:
Delete section F, line 13-18 on page 3.

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 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 N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Coan

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

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

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

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 N Squires N Stallings N 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 N Walker, R.L N Watson N West N Westmoreland N Wiles
Wilkinson

2850
N Coleman, B N Coleman, T N Collins
Connell N Cooper

JOURNAL OF THE HOUSE

Holmes N Houston N Howard N Hudgens
Hudson, N

Y Millar N Mills N Mobley N Morris N Mosley

N Sholar N Sims N Sinkfield N Skipper
Smith, B

N Willard N Williams N Wix Y Yates N Murphy, Speaker

On the adoption of the amendment, the ayes were 18, nays 145. The amendment was lost.

The following amendment was read and adopted:

Representatives Murphy of the 18th and Martin of the 47th move to amend the Committee substitute to SB 205 by adding after the word "birth" on line 22 of page 1 the following:
"; and provided, further, that this news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers and employees of a public school".

The following amendment was read and withdrawn:

Representative Stallings of the 100th moves to amend the Committee substitute to SB 205 as follows:
Insert after the word "organization" on page 1, line 23, the following:
"or lawyer or governmental official who".

The following amendments were read and adopted:

Representative Martin of the 47th moves to amend the Committee substitute to SB 205 by striking lines 10 through 16 of page 1 and inserting in lieu thereof the following:
"adding after paragraph (11.2) of subsection (a) a new paragraph to read as follows:

THURSDAY, MARCH 15, 2001

2851

'(11.3)(A) An individuals social security number, mothers birth name, credit card information, debit card information, bank account information, financial data or information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person".

Representatives Richardson of the 26th and Martin of the 47th move to amend the Committee substitute to SB 205 as follows:
On page 2, line 7, delete the words "Providing or" and make the "o" in "obtaining" a capital "O".

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 Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister
Byrd

Y Cox Y Crawford Y Cummings Y Davis N Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson
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 E Harrell

Y Hudson, S Y Hugley
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 Mueller Y 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 Y Reed N Reese Y Reichert N 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
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

2852
N Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

N 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 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 154, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Ehrhart of the 36th 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 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.

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.

The following Committee substitute was read and withdrawn:

THURSDAY, MARCH 15, 2001

2853

A BILL
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 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 for access to and use of the registry; to provide punishment for violations; to provide for certain immunity from civil liability; 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 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by adding at its end a new Article 4 to read as follows:
"ARTICLE 4
19-13-50. This article shall be known and may be cited as the 'Family Violence and Stalking Protective Order Registry Act.'
19-13-51. As used in this article, the term:
(1) 'Court' means judges in the classes of courts identified in Title 15 and any other person while acting as such a judge pursuant to designation as otherwise authorized by law. (2) 'District attorney' means each attorney elected to represent a judicial circuit in this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit in this state. (3) 'Foreign court' means a court of competent jurisdiction in any state other than this state or any territory or tribal jurisdiction in the United States. (4) 'Foreign protective order' means any temporary protective order, protective order, restraining order, or injunction that prohibits acts of family violence or stalking or both issued by a court of competent jurisdiction in another state, territory, or tribal jurisdiction in the United States. (5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is

2854

JOURNAL OF THE HOUSE

vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes any state or local sheriff, deputy sheriff, dispatcher, 911 operator, police officer, district attorney, members of the State Board of Pardons and Paroles and its hearing officers, or probation officers of the Department of Corrections. (6) 'Modification' means any amendment, dismissal, or continuance of a protective order. (7) 'Protective order' means any ex parte, temporary, six-month, permanent order, or restraining order issued by a judge in this state pursuant to Code Sections 16-5-90 through 16-5-94 or this chapter and also where appropriate in this context includes a foreign protective order. (8) 'Registry' means the Georgia Protective Order Registry.
19-13-52. (a) The Georgia Protective Order Registry shall be created to serve as a centralized data base for state-wide protective orders issued pursuant to Code Sections 16-5-90 through 16-5-94 and this chapter. The registry is intended to enhance victim safety by providing law enforcement officers, district attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, district attorneys, and the courts in the enforcement of protective orders and the protection to victims of stalking and family violence. (b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness in enhancing the safety of victims of domestic violence and stalking. (c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. The Georgia Crime Information Center shall implement a daily process of purging protective orders and names of parties from the registry upon expiration or dismissal of protective orders and shall maintain purged protective orders and names in a separate archived file in the registry that shall be available only to the courts. (d) The registry shall be linked to the National Crime Information Center Network and protective orders entered in the registry shall be immediately transmitted to this network.
19-13-53. (a) Prior to July 1, 2002, the courts of this state shall use the forms specified in Code Sections 19-13-57 through 19-13-60 for the issuance of any protective order. The Administrative Office of the Courts shall distribute the forms.

THURSDAY, MARCH 15, 2001

2855

(b) On and after July 1, 2002, the courts of this state shall use a noncodified standardized form or forms for the issuance of any protective order, in a form or forms to be promulgated by the Uniform Rules Committee of the Council of Superior Court Judges. Such noncodified standardized form or forms for protective orders shall contain, at a minimum, all information required for entry of protective orders into the registry and the National Crime Information Center Protective Order File. The Administrative Office of the Courts shall distribute the forms. (c) The clerk of the issuing court shall electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible but no later than by the end of the next business day after the order is filed with the clerk of court. In the event of electronic failure, the clerk of court shall immediately notify the Georgia Crime Information Center which shall authorize an alternative method of transmitting the protective order or modification thereof to the registry. (d) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification from the clerk of court. The Georgia Crime Information Center shall ensure that protective orders that have expired or been terminated are purged from the registry within 24 hours of such expiration or termination. The inability to enter information for all data fields in the registry shall not delay the entry of available information. (e) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order.
19-13-54. (a) A petitioner who obtains a valid foreign protective order may file that order by filing a certified copy of the foreign protective order with any clerk of court of the superior court in this state. (b) Filing shall be without fee or cost. (c) The clerk of court shall provide the petitioner with a receipt bearing proof of submission of the foreign protective order for entry in the registry. (d) The clerk of court shall transmit to the registry a copy of the foreign protective order in the same manner as provided in Code Section 19-13-53. (e) Foreign protective orders shall not be required to be contained on a standardized form or forms in order to be entered in the registry. (f) Filing and registry of the foreign protective order in the registry shall not be prerequisites for enforcement of the foreign protective order in this state.
19-13-55. Any individual, agency, or court which obtains information from the registry shall keep such information or parts thereof confidential, and shall not disseminate or disclose such information, or parts thereof, except as authorized in this article or otherwise by law. Violation of this Code section shall be a misdemeanor.

2856

JOURNAL OF THE HOUSE

19-13-56. (a) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for any delay or failure to file a protective order, to transmit information contained in protective orders, or to enter such information in the registry. (b) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for acting in reliance upon information registered in the registry or information received for the purpose of entry in the registry.

19-13-57. Until July 1, 2002, the form for a family violence ex parte protective order shall be substantially as follows:

THE SUPERIOR COURT FOR THE COUNTY OF__________ STATE OF GEORGIA

_________________________,

)

Petitioner,

)

v.

)

_________________________,

)

Respondent.

)

Civil Action File No. _____________

FAMILY VIOLENCE EX PARTE PROTECTIVE ORDER

The Petitioner having prayed pursuant to O.C.G.A. Sections 19-13-1, et seq., that a Protective Order be issued; and alleged that Respondent has committed acts of family violence and that Petitioner is in reasonable fear of the Petitioners safety and the safety of Petitioners child/ren; and it appearing to the Court that probable cause exists that family violence has occurred in the past and may occur in the future, IT IS HEREBY ORDERED AND ADJUDGED:

1.

That these proceedings be filed in the office of the Clerk of this

Court.

2.

That this Order applies in every county throughout the state and it

shall be the duty of every court and every law enforcement official

to enforce and carry out the provisions of this Order pursuant to

O.C.G.A. Section 19-13-4(d). Law enforcement officers may use

their arrest powers pursuant to O.C.G.A. Sections 19-13-6 and 17-

4-20 to enforce the terms of this Order.

3.

That a copy of this Order be given to law enforcement and the

Respondent be served with a copy of this Order and Petition for

Temporary Protective Order instanter.

THURSDAY, MARCH 15, 2001

2857

4. 5. 6. ____ 7. ____ 8. ____ 9.

That the Respondent appear before this Court, on the ____ day of ______________, ____, at ______ __. m. in room _____ of the __________ County Courthouse at _______________________ to show cause why the requests of the Petitioner should not be granted.
That Respondent is hereby enjoined and restrained from doing, or attempting to do, or threatening to do any act of injury to, maltreating, molesting, following, harassing, harming, or abusing the Petitioner and/or the minor child/ren in any manner. Respondent is not to interfere with Petitioners travel, transportation, or communication. Respondent shall not follow, place under surveillance, or contact the Petitioner at any place of the Petitioner for the purpose of harassing and intimidating the Petitioner.
That the Respondent is enjoined and restrained from doing or threatening to do any act of injury to, maltreating, molesting, harassing, harming, or abusing the Petitioners family or household.
ONLY THE FOLLOWING THAT ARE INITIALED BY THE JUDGE SHALL APPLY:
That until further Order by this Court, Petitioner is awarded sole and exclusive use of the family residence at ______________________________________________________ __________.
That Respondent is ordered to leave the family residence immediately and law enforcement ________________ (sheriff or police department) is ordered to assist Petitioner in returning to the family residence and the removal of the Respondent. Respondent is to immediately surrender to law enforcement _________________ (sheriff or police department) all and any keys, garage door openers, and other security devices to the family residence and law enforcement is to ensure that these are given to the Petitioner.
That Respondent is ordered to provide suitable alternate housing

2858 ____ 10. ____ 11.
____ 12. ____ 13. ____ 14.
____ 15.
____ 16.

JOURNAL OF THE HOUSE

for Petitioner and/or Petitioners child or children by _______________________.

That Petitioners address is ordered to be kept confidential.

That Respondent is ordered to stay away from Petitioners and

Petitioners

minor

child/rens

residence

at

______________________________________________

and

workplace at ________________________ or school and any

subsequent residence or workplace or school of Petitioner and/or

Petitioners minor child/ren.

That until further Order of this Court, Respondent is restrained and enjoined from approaching within ____ yards of Petitioner and/or Petitioners minor child/ren.

That Respondent is ordered not to have any contact, direct, indirect, or through another person, with Petitioner, by telephone, pager, fax, e-mail, or any other means of communication except as specified in this Order.

That Petitioner is awarded temporary custody of the minor child/ren, namely: _______________________________ DOB ____sex ____ _______________________________ DOB ____sex ____ _______________________________ DOB ____sex ____ _______________________________ DOB ____sex ____ Respondent is ordered not to interfere with the physical custody of the child/ren.

That Respondent is ordered to pay temporary child support for the minor child/ren to Petitioner in the amount of $______ every ______________ beginning ______________. All payments shall be made by or to: ____income deduction order
____ child support receiver ____ mail directly to the Petitioner or ____ __________________________.

That Respondent is ordered to pay temporary support for the

Petitioner in the amount of $______ every ______________

beginning ______________. All payments shall be made by or to:

____ income deduction order

____ child support receiver

____ mail directly to the Petitioner

or

____ _____________________________.

____ 17.
____ 18. ____ 19. ____ 20.
____ 21.
____ 22. ____ 23. ____ 24.

THURSDAY, MARCH 15, 2001

2859

That Respondent, only when accompanied by local law

enforcement, shall be able to remove his clothing and personal

items

from

the

residence

as

follows:

______________________________________________________

______________________________________________________

__________________________.

On ______________, ____, at ___:___ __. m.

That Respondent is ordered not to sell, encumber, trade, damage, contract to sell, or otherwise dispose of or remove from the jurisdiction of this Court any of the property or pets of the Petitioner or joint property or pets of the parties except in the ordinary course of business.

That Respondent is ordered not to disconnect or have disconnected the home utilities, change or have changed and/or cancel or have canceled auto, health, or life insurance for Respondent, Petitioner, and/or Petitioners child/ren or interfere with Petitioners and/or Petitioners child/rens mail.

That Petitioner is awarded temporary sole possession of the vehicle: Make _______ Model _______ Year _________ Color_______. Respondent shall immediately surrender all keys, proof of insurance, and registration to this vehicle to law enforcement and law enforcement shall immediately turn over said items to Petitioner.

That Petitioner shall be allowed to remove the following property from the family residence for Petitioner and/or Petitioners child/rens use ____________________________________ _____________________________________________________. On ______________, ____, at _____ and law enforcement _____________(sheriff or police department) is hereby ordered to assist the Petitioner during this removal.

That Respondent is ordered to undergo a batterers intervention program and follow the recommended treatment.

That Respondent is ordered to undergo alcohol/drug abuse evaluation and follow the recommended treatment.

That Respondent shall be required to return the following property for Petitioner and/or Petitioners child/rens use

2860 ____ 25. ____ 26.

JOURNAL OF THE HOUSE

______________________________________________________ _________________________. On ____________, ____, at _____ and law enforcement __________________________ (sheriff or police department) is hereby ordered to assist the Petitioner with this return.

That this Court determined that it had jurisdiction over the parties and the subject matter under the laws of the State of Georgia and the Court ordered that the Respondent be given reasonable notice and opportunity to be heard sufficient to protect the Respondents due process rights.

It is further Ordered

.

SO ORDERED this _____ day of ______________, ____.
________________________ JUDGE, SUPERIOR COURT ___________________County _________________________
Print or stamp Judges name

NOTICE TO RESPONDENT

1.

Violation of this Order may result in immediate arrest and criminal

prosecution that may result in jail time and/or fines and/or may

subject you to prosecution and penalties for contempt of court.

2.

This Order shall remain in effect unless specifically superceded by a

subsequent signed and filed Order, by operation of law, or by Order

of dismissal, whichever occurs first. Only this Court can void,

modify, or dismiss this Order. Either party may ask this Court to

change or dismiss this Order.

3.

A person commits the offense of Aggravated Stalking when such

person, in violation of a temporary or permanent protective Order

prohibiting this behavior, follows, places under surveillance, or

contacts Petitioner on public or private property for the purpose of

harassing and intimidating the other person. This activity can

subject the Respondent to arrest and prosecution for felony

Aggravated Stalking, which carries penalties of imprisonment for

not less than 1 year nor more than 10 years and a fine of up to

$10,000.00.

THURSDAY, MARCH 15, 2001

2861

RESPONDENTS IDENTIFYING INFORMATION

(Date of birth, drivers license number, or social security number must be

provided.)

Respondents social security number is ______________, date of birth is

_________, sex is ___, color of hair is ___________, color of eyes is

______________, height is _______, weight is _____. Respondents race is

______. Ethnic background is ____________. Respondent drives a

_____________________, license tag number _________________, (year)

_____, (state) _________, (type or class) _________, and has a ____ (state)

drivers license number ___________, issued ______________. Respondent

has distinguishing marks (tattoos, scars, etc.)_____________________.

Respondents home address is ______________________________ and

Respondent

is

employed

by________________

at

_______________________ and works from ____ to ____ on

(days)___________.

PETITIONERS IDENTIFYING INFORMATION

Protected parties ___________________________ DOB ____ sex ____ race ______ ___________________________ DOB ____ sex ____ race ______ ___________________________ DOB ____ sex ____ race ______ ___________________________ DOB ____ sex ____ race ______

Transmitted to Georgia Protective Order Registry

Date _______ Clerk ________

Originating Agency Identifier: _____________________

19-13-58. Until July 1, 2002, the form for a family violence six-month protective order shall be substantially as follows:

THE SUPERIOR COURT FOR THE COUNTY OF________________ STATE OF GEORGIA

_______________________, Petitioner,
vs. _______________________, Respondent.

)

)

Civil Action File

)

)

No._____________________

)

2862

JOURNAL OF THE HOUSE

FAMILY VIOLENCE SIX-MONTH PROTECTIVE ORDER

A hearing was held on this matter on ______________________, _____, for which the Respondent had notice as required by law and at which the Respondent appeared and/or had the opportunity to be heard and the Petitioner requested that the Protective Order entered in this case be continued. Having heard the evidence presented, reviewed the petition and the entire record concerning this case, and for good cause shown, IT IS HEREBY ORDERED AND ADJUDGED:

1.

That these proceedings be filed in the office of the Clerk of this

Court.

2.

That this Order applies in every county throughout the state and it

shall be the duty of every court and every law enforcement official

to enforce and carry out the provisions of this Order pursuant to

O.C.G.A. Section 19-13-4(d). Law enforcement officers may use

their arrest powers pursuant to O.C.G.A. Sections 19-13-6 and 17-

4-20 to enforce the terms of this Order.

3.

This Order shall be in effect for six months from

____________________ until ____________________.

4.

That the Respondent has violated the Family Violence Act, at

O.C.G.A. Section 19-13-1 et seq., by committing family violence,

has placed the Petitioner in reasonable fear for Petitioners safety,

and represents a credible threat to the physical safety of Petitioner

and/or Petitioners child/ren. Respondent is hereby enjoined and

restrained from doing, or attempting to do, or threatening to do any

act of injury to, maltreating, molesting, following, harassing,

harming, or abusing the Petitioner and/or the minor child/ren in

any manner. Respondent is not to interfere with Petitioners travel,

transportation, or communication. Respondent shall not follow,

place under surveillance, or contact the Petitioner at any place of

the Petitioner for the purpose of harassing and intimidating the

Petitioner.

5.

That the Respondent is enjoined and restrained from doing, or

attempting to do, or threatening to do any act of injury to,

maltreating, molesting, harassing, harming, or abusing the

Petitioners family or household.

ONLY THE FOLLOWING THAT ARE INITIALED BY THE JUDGE SHALL APPLY:

____ 6. ____ 7.
____ 8. ____ 9. ____ 10. ____ 11. ____ 12.
____ 13.

THURSDAY, MARCH 15, 2001

2863

That Petitioner is awarded sole and exclusive possession of the residence at _________________________________.
That Respondent is ordered to leave the family residence immediately and law enforcement at ________________ (sheriff or police department) is ordered to assist Petitioner in returning to the family residence and the removal of the Respondent. Respondent shall immediately surrender to law enforcement _________________ (sheriff or police department) all and any keys, garage door openers, and other security devices to the family residence and law enforcement shall ensure that these are given to the Petitioner.
That Respondent is ordered to stay away from Petitioners and Petitioners child/rens residence and workplace and/or school and any subsequent residence or workplace or school of Petitioner and/or Petitioners minor child/ren.
That Respondent is ordered to provide suitable alternate housing for Petitioner and/or Petitioners children by _______________________________.
That Respondent is restrained and enjoined from approaching within _____ yards of Petitioner and/or Petitioners minor children.
That Respondent is ordered not to have any contact, direct, indirect, or through another person, with Petitioner, by telephone, pager, fax, e-mail, or any other means of communication except as specified in this Order.
That Petitioner is awarded temporary custody of the minor child/ren, namely: ___________________ DOB __________ sex ______ ___________________ DOB __________ sex ______ ___________________ DOB __________ sex ______ ___________________ DOB __________ sex ______ Respondent is ordered not to interfere with the physical custody of the minor child/ren.
That Respondent is ordered to pay to the Petitioner support for the minor child/ren in the amount of $___________ every _______________ beginning the _______ of ______________, _____.
All payments are to be made by or to:

2864
____ 14. ____ 15.

JOURNAL OF THE HOUSE
____ income deduction order ____ child support receiver ____ mail directly to the Petitioner or ____ _____________________________.
The applicable percentages of obligors gross income to be considered by the trier of fact to determine child support are: One child 17 to 23 percent Four children 29 to 35 percent Two children 23 to 28 percent Five children 31 to 37 percent Three children 25 to 32 percent

In this case child support is being determined for ___ child/ren and the applicable percentage of gross income to be considered is ____ to ____ percent. The court has considered the existence of special circumstances, and has found that no special circumstances OR the following special circumstances exist: __________________.

That Respondent is ordered to pay temporary support for the Petitioner in the amount of $________ every ______beginning ____________. All payments are to be made by or to:
____ income deduction order ____ child support receiver ____ mail directly to the Petitioner or ____ _____________________________ .

That Respondent shall have visitation with the minor child/ren

according

to

the

following

schedule,

beginning__________________:

____ no visitation

____ no visitation until _________________________________

____ supervised visitation, supervised by a third party as

follows:_______________________________________________

_________________________________________

____ visitation every other weekend from Friday at 6 p.m. until

Sunday at 6 p.m., beginning_________________________,

____ other visitation ___________________________________

____ circumstances concerning how Respondent shall pick up and

return

the

minor

child/ren

shall

be

________________________________________________

Strict compliance with this visitation provision shall not be a

violation of the restraining provisions of this Order.

____ 16.
____ 17. ____ 18. ____ 19. ____ 20.
____ 21. ____ 22. ____ 23.

THURSDAY, MARCH 15, 2001

2865

That Respondent, only when accompanied by local law

enforcement, shall be able to remove his clothing and personal

items

from

the

residence

as

follows:_______________________________________________

______________________________________________________

____________________________________________.

On ____________, ____, at ______ m.

That Respondent is ordered not to sell, encumber, trade, damage, contract to sell, or otherwise dispose of or remove from the jurisdiction of this Court any of the property or pets of the Petitioner or joint property or pets of the parties except in the ordinary course of business.

That Respondent is ordered not to disconnect or have disconnected home utilities, change or have changed and/or cancel or have canceled auto, health, or life insurance for Respondent, Petitioner, and/or Petitioners child/ren or interfere with Petitioners and/or Petitioners child/rens mail.

That Petitioner shall have sole, exclusive temporary possession of the vehicle: Make_________ Model ____________ Year__________ Color __________. Respondent shall immediately surrender all keys, proof of insurance, and registration to this vehicle to law enforcement and law enforcement shall immediately turn over said items to Petitioner.

That Petitioner shall be allowed to remove the following property from the family residence for Petitioner and/or Petitioners child/rens use __________________________________________ _____________________________________________________. On ________________, ____, at ____ and law enforcement ___________________ (sheriff or police department) is hereby ordered to assist the Petitioner during this removal.

That Respondent is ordered to undergo a batterers intervention program and follow the recommended treatment.

That Respondent is ordered to undergo alcohol/drug abuse evaluation and follow the recommended treatment.

That Respondent shall be required to return the following property for Petitioner and/or Petitioners child/rens use __________ on ___________, ____, at __________ and law enforcement

2866

JOURNAL OF THE HOUSE

____ 24. ____ 25.
____ 26. ____ 27.

________________ (sheriff or police department) is hereby ordered to assist the Petitioner during this return.
That Petitioner is awarded costs and attorney fees in the amount of _______________.
That this Court determined that it had jurisdiction over the parties and the subject matter under the laws of the State of Georgia and Respondent received reasonable notice and had the opportunity to be heard before this Order was issued sufficient to protect the Respondents due process rights.
That Petitioner/protected party is either a spouse, former spouse, parent of a common child, Petitioners child, child of Respondent, cohabitates or has cohabited with Respondent and qualifies for 18 U.S.C. 922(g).
It is further Ordered ____________________________________ _____________________________________________________.

SO ORDERED this _____ day of ___________________, _____.
___________________________ JUDGE, SUPERIOR COURT __________________ County
___________________________ Print or stamp Judges name
NOTICE TO RESPONDENT

1.

Violation of this Order may result in immediate arrest and

criminal prosecution that may result in jail time and/or fines

and/or may subject you to prosecution and penalties for

contempt of court.

2.

This Order shall remain in effect unless specifically superseded

by a subsequent Order signed and filed, by operation of law, or

by Order of dismissal, whichever occurs first. Only this Court

can void, modify, or dismiss this Order. Either party may ask

this Court to change or dismiss this Order.

3.

If after a hearing, of which the Respondent received notice and

opportunity to participate, a protective order is issued which

restrains Respondent from harassing, stalking, or threatening

THURSDAY, MARCH 15, 2001

2867

an intimate partner, Respondent is prohibited from possessing, receiving, or transporting a firearm or ammunition which has been shipped or transported in interstate or foreign commerce for the duration of the Order. 18 U.S.C. Section 922(g).

4.

A person commits the offense of Aggravated Stalking when

such person, in violation of a temporary or permanent

protective Order prohibiting this behavior follows, places

under surveillance, or contacts another person on public or

private property for the purpose of harassing and intimidating

the other person. This activity can subject the Respondent to

arrest and prosecution for felony aggravated stalking, which

carries penalties of imprisonment for not less than 1 year nor

more than 10 years and a fine of up to $10,000.00.

RESPONDENTS IDENTIFYING INFORMATION

(Date of birth, drivers license number, or social security number must be provided.)

Respondents social security number is _______________, date of birth is

_________, sex is ___, color of hair is ___________, color of eyes is

______________, height is _______, weight is _____. Respondents race is ______.

Ethnic background is ___________. Respondent drives a _____________________,

license tag number _________________, (year) _____, (state) _________, (type or

class) _________, and has a ____(state) drivers license number ___________,

issued ______________. Respondent has distinguishing marks (tattoos, scars,

etc.)_____________________.

Respondents

home

address

is

___________________________________________,

and Respondent is employed by________________ at _______________________

and works from ____ to ____ on (days)___________.

PETITIONERS IDENTIFYING INFORMATION
Protected parties ___________________ DOB ____ sex ____ race ______ ___________________ DOB ____ sex ____ race ______ ___________________ DOB ____ sex ____ race ______ ___________________ DOB ____ sex ____ race ______
Transmitted to Georgia Protective Order Registry Date _______ Clerk ________
Originating Agency Identifier: _____________________ 19-13-59. Until July 1, 2002, the form for a stalking ex parte temporary protective order shall be substantially as follows:

2868

JOURNAL OF THE HOUSE

THE SUPERIOR COURT FOR THE COUNTY OF________ STATE OF GEORGIA

_________________, Petitioner, v.
_________________, Respondent.

) ) Civil Action File ) ) No._____________________ )

STALKING EX PARTE TEMPORARY PROTECTIVE ORDER

Upon proceedings before me, the Petitioner having demanded pursuant to O.C.G.A. Section 16-5-94 that a Protective Order be issued; and alleged that Respondent has knowingly and willfully committed or attempted to commit acts in violation of O.C.G.A. Section 16-5-90 et seq., that such acts were not at the home of the Respondent and had no legitimate purpose, and that Petitioner is in reasonable fear of her/his safety and/or the safety of her/his immediate family; and it appearing to the Court that probable cause exists to believe that similar events will occur in the future, IT IS HEREBY ORDERED AND ADJUDGED:

1.

That Respondent is enjoined and restrained from any acts directly

or indirectly which harass and/or intimidate the Petitioner or

her/his immediate family.

2.

That Respondent is enjoined from approaching within yards of

Petitioner.

3.

That Respondent have no contact of any type, direct, indirect, or

through another person, with Petitioner or her/his immediate

family, including but not limited to telephone, pager, fax, e-mail,

mail, or any other means of communication.

4.

That the Respondent appear before _______________, Judge,

on the ______ day of _________________, ____, at

_____________ in room _________________ of the

___________________

County

courthouse

at

____________________ to show why the demands of the

Petitioner should not be granted.

5.

That a copy of this Order be given to local law enforcement and the

Respondent be served with a copy of this Order and Petition for

Stalking Temporary Protective Order instanter.

6.

That this Order applies in every county throughout the state and it

shall be the duty of every court and every law enforcement official

7. ____ 8.

THURSDAY, MARCH 15, 2001

2869

to enforce and carry out the provisions of this Order pursuant to O.C.G.A. Sections 16-5-94(e) and 19-13-4(d). Law enforcement may use their arrest powers pursuant to O.C.G.A. Sections 16-5-91 and 17-4-20 to enforce the terms of this Order.
That these proceedings be filed in the office of the Clerk of this Court.
ONLY THE FOLLOWING THAT ARE INITIALED BY THE JUDGE SHALL APPLY:

That this Court determined that it had jurisdiction over the parties and the subject matter under the laws of the State of Georgia and the Court ordered that the Respondent be given reasonable notice and opportunity to be heard sufficient to protect the Respondents due process rights.

SO ORDERED this ______ day of ____________________, ____.
_________________________ JUDGE, SUPERIOR COURT __________________ County ___________________________
Print or stamp Judges name
NOTICE TO RESPONDENT
1. Violation of this Order may result in immediate arrest and criminal prosecution that may result in jail time and/or fines and/or may subject you to prosecution and penalties for contempt of court.
2. This Order shall remain in effect unless specifically superceded by a subsequent signed and filed Order, by operation of law, or by Order of dismissal, whichever occurs first. Only this Court can void, modify, or dismiss this Order. Either party may ask this Court to change or dismiss this Order.
3. A person commits the offense of Aggravated Stalking when such person, in violation of a temporary or permanent protective Order prohibiting this behavior follows, places under surveillance, or contacts Petitioner on public or private

2870

JOURNAL OF THE HOUSE
property for the purpose of harassing and intimidating the other person. This activity can subject the Respondent to arrest and prosecution for felony Aggravated Stalking, which carries penalties of imprisonment for not less than 1 year nor more than 10 years and a fine of up to $10,000.00.

RESPONDENTS IDENTIFYING INFORMATION

(Date of birth, drivers license number, or social security number must be provided.)

Respondents social security number is _______________, date of birth is

_________, sex is ____, color of hair is ________________, color of eyes is _____

height is _____, weight is _____. Respondents race is __________. Ethnic

background is ____________. Respondent drives a _____________________,

license tag number _________________, (year) _____, (state) _________, (type or

class) _________, and has a ____(state) drivers license number ________________,

issued ______________. Respondent has distinguishing marks (tattoos, scars, etc.)

__________________.

Respondents

home

address

is

_________________________ and Respondent is employed by________________

at ____________________ and works from ____ to ____ on (days)___________.

PETITIONERS IDENTIFYING INFORMATION

Protected parties ________________________ DOB ____ sex ______ race _____ ________________________ DOB ____ sex ______ race _____ ________________________ DOB ____ sex ______ race _____ ________________________ DOB ____ sex ______ race _____

Transmitted to Georgia Protective Order Registry

Date _______ Clerk ________

Originating Agency Identifier _____________________

19-13-60. Until July 1, 2002, the form for a stalking six-month protective order shall be substantially as follows:

THE SUPERIOR COURT FOR THE COUNTY OF________ STATE OF GEORGIA

________________, Petitioner,
v. _________________,

) ) Civil Action File ) ) No._____________________

THURSDAY, MARCH 15, 2001

2871

Respondent.

)

STALKING SIX-MONTH PROTECTIVE ORDER

A hearing was held on this matter on ____________, _____, at which the Respondent appeared and/or was provided with the opportunity to be heard and the Petitioner requested that the Protective Order entered in this case be continued. Having heard the evidence presented, reviewed the petition and the record concerning this case, and for good cause shown, IT IS HEREBY ORDERED AND ADJUDGED:

1.

That the Respondent has knowingly and wilfully violated O.C.G.A.

Section 16-5-90 et seq. and placed the Petitioner in reasonable fear

for the Petitioners safety. Respondent is hereby enjoined and

restrained from doing, or attempting to do, or threatening to do any

act constituting a violation of O.C.G.A. Section 16-5-90 et seq. and

from harassing, interfering with, or intimidating the Petitioner or

Petitioners immediate family. Specifically, Respondent is hereby

enjoined and restrained from __________________________

which is a violation of O.C.G.A. Section 16-5-90 et seq. Any

future acts committed by the Respondent towards the Petitioner

which are in violation of this statute and this Protective Order can

amount to AGGRAVATED STALKING, pursuant to O.C.G.A.

Section 16-5-91, which is a felony. A person convicted of

Aggravated Stalking shall be punished by imprisonment for not

less than one nor more than ten years and by a fine of not more

than $10,000.00.

2.

That Respondent is enjoined and restrained from approaching

within _____ yards of Petitioner and/or Petitioners immediate

family, and/or residence, place of employment, or school.

3.

That Respondent is not to have any contact of any type, direct,

indirect, or through another person, with the Petitioner or her/his

immediate family, including but not limited to telephone, fax, e-

mail, voice mail, mail, or any other type of contact.

4.

That these proceedings be filed in the office of the Clerk of this

Court.

5.

That this Order shall remain in effect for six months from this

date. This Order expires on ________________, ____.

6.

That this Order applies in every county throughout the state and it

shall be the duty of every court and every law enforcement official

2872

JOURNAL OF THE HOUSE
to enforce and carry out the provisions of this Order pursuant to O.C.G.A. Sections 16-5-94(e) and 19-13-4(d). Law enforcement may use their arrest powers pursuant to O.C.G.A. Sections 16-5-91 and 17-4-20 to enforce the terms of this Order.
ONLY THE FOLLOWING THAT ARE INITIALED BY THE JUDGE SHALL APPLY:

____ 7. ____ 8. ____ 9.
____ 10. ____ 11.

That Respondent is to receive appropriate psychiatric or psychological services.
That Petitioner is awarded costs and attorney fees in the amount of _________.
That this Court determined that it had jurisdiction over the parties and the subject matter under the laws of the State of Georgia and Respondent received reasonable notice and had the opportunity to be heard before this Order was issued sufficient to protect the Respondents due process rights.
That Petitioner/protected party is either a spouse, former spouse, parent of a common child, Petitioners child, child of Respondent, cohabitates or has cohabited with Respondent and qualifies for 18 U.S.C. Section 922(g).
It is further ordered that __________________________________ _____________________________________________________.

SO ORDERED this _____ day of ___________________, _____.

_________________________ JUDGE, SUPERIOR COURT __________________ County ___________________________
Print or stamp Judges name

NOTICE TO RESPONDENT

1.

Violation of this Order may result in immediate arrest and criminal prosecution that may result in jail time and/or fines

and/or may subject you to prosecution and penalties for

contempt of court.

2. This Order shall remain in effect unless specifically superceded

THURSDAY, MARCH 15, 2001

2873

by a subsequent Order signed and filed, by operation of law, or by Order of dismissal, whichever occurs first. Only this Court can void, modify, or dismiss this Order. Either party may ask this Court to change or dismiss this Order.
3. If after a hearing, of which the Respondent received notice and opportunity to participate, a protective order is issued which restrains Respondent from harassing, stalking, or threatening an intimate partner, Respondent is prohibited from possessing, receiving, or transporting a firearm or ammunition which has been shipped or transported in interstate or foreign commerce for the duration of the Order. 18 U.S.C. Section 922(g).
4. A person commits the offense of Aggravated Stalking when such person, in violation of a temporary or permanent protective Order prohibiting this behavior follows, places under surveillance, or contacts another person on public or private property for the purpose of harassing and intimidating the other person. This activity can subject the Respondent to arrest and prosecution for felony aggravated stalking, which carries penalties of imprisonment for not less than 1 year nor more than 10 years and a fine of up to $10,000.00.
RESPONDENT'S IDENTIFYING INFORMATION (Date of birth, drivers license number, or social security number must be provided.) Respondents social security number is _______________, date of birth is _________, sex is ___, color of hair is ___________, color of eyes is ______________, height is _______, weight is _____. Respondent's race is ______. Ethnic background is ____________. Respondent drives a _____________________, license tag number _________________, (year) _____, (state) _________, (type or class) _________, and has a ____(state) drivers license number ___________, issued ______________. Respondent has distinguishing marks (tattoos, scars, etc.)_____________________. Respondents home address is _________________________________ and Respondent is employed by________________ at _______________________ and works from ____ to ____ on (days)___________.

PETITIONERS IDENTIFYING INFORMATION
Protected parties _______________________ DOB ____ sex ______ race _____ _______________________ DOB ____ sex ______ race _____ _______________________ DOB ____ sex ______ race _____ _______________________ DOB ____ sex ______ race _____

2874

JOURNAL OF THE HOUSE

_______________________ DOB ____ sex ______ race _____

Transmitted to Georgia Protective Order Registry

Date _______ Clerk ________ "

Originating Agency Identifier: _____________________

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 following substitute, offered by Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Martin of the 47th and Byrd of the 170th was read and adopted:

A BILL
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 maintained by the Georgia Crime Information Center; to provide for the registry to be linked with the National Crime Information Center Network; to provide for electronic transmittal and maintenance of orders; to provide for foreign orders; to provide for access to and use of the registry; to provide punishment for violations; to provide for certain immunity from civil liability; 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 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by adding at its end a new Article 4 to read as follows:
"ARTICLE 4
19-13-50. This article shall be known and may be cited as the 'Family Violence and Stalking Protective Order Registry Act.'

THURSDAY, MARCH 15, 2001

2875

19-13-51. As used in this article, the term:
(1) 'Court' means judges in the classes of courts identified in Title 15 and any other person while acting as such a judge pursuant to designation as otherwise authorized by law. (2) 'Foreign court' means a court of competent jurisdiction in any state other than this state or any territory or tribal jurisdiction in the United States. (3) 'Foreign protective order' means any temporary protective order, protective order, restraining order, or injunction that prohibits acts of family violence or stalking or both issued by a court of competent jurisdiction in another state, territory, or tribal jurisdiction in the United States. (4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 911 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation officer of the Department of Corrections. (5) 'Modification' means any amendment, dismissal, or continuance of a protective order. (6) 'Prosecuting attorney' means each attorney elected to represent a judicial circuit in this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit in this state. (7) 'Protective order' means any ex parte, temporary, six-month, permanent order, or restraining order issued by a judge in this state pursuant to Code Sections 16-5-90 through 16-5-94 or this chapter and also where appropriate in this context includes a foreign protective order. (8) 'Registry' means the Georgia Protective Order Registry.
19-13-52. (a) The Georgia Protective Order Registry shall be created to serve as a centralized data base for state-wide protective orders issued pursuant to Code Sections 16-5-90 through 16-5-94 and this chapter. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims of stalking and family violence. (b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime

2876

JOURNAL OF THE HOUSE

Information Center regarding the effectiveness of the registry in enhancing the safety of victims of domestic violence and stalking. (c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. The Georgia Crime Information Center shall implement a daily process of purging protective orders and names of parties from the registry upon expiration or dismissal of protective orders and shall maintain purged protective orders and names in a separate archived file in the registry that shall be available only to the courts. (d) The registry shall be linked to the National Crime Information Center Network and protective orders entered in the registry shall be immediately transmitted to this network.
19-13-53. (a) The courts of this state shall use a standardized form or forms for the issuance of any protective order. The form or forms shall be promulgated by the Uniform Superior Court Rules. The standardized form or forms for protective orders shall be in conformity with the provisions of this Code, shall be subject to the approval of the Georgia Crime Information Center and the Georgia Superior Court Clerks Cooperative Authority as to form and format, and shall contain, at a minimum, all information required for entry of protective orders into the registry and the National Crime Information Center Protection Order File. The Administrative Office of the Courts shall distribute the forms. A court may modify the standardized form to comply with the courts application of the law and facts to an individual case and shall delete or otherwise make inoperative any provision in the standardized form which is not supported by the evidence in the case. (b) The clerk of the issuing court shall electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible but no later than by the end of the next business day after the order is filed with the clerk of court. In the event of electronic failure, the clerk of court shall immediately notify the Georgia Crime Information Center which shall authorize an alternative method of transmitting the protective order or modification thereof to the registry. (c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification from the clerk of court. The Georgia Crime Information Center shall ensure that protective orders that have expired or been terminated are purged from the registry within 24 hours of such expiration or termination. The inability to enter information for all data fields in the registry shall not delay the entry of available information. (d) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order.

THURSDAY, MARCH 15, 2001

2877

19-13-54. (a) A petitioner who obtains a valid foreign protective order may file that order by filing a certified copy of the foreign protective order with any clerk of court of the superior court in this state. (b) Filing shall be without fee or cost. (c) The clerk of court shall provide the petitioner with a receipt bearing proof of submission of the foreign protective order for entry in the registry. (d) The clerk of court shall transmit to the registry a copy of the foreign protective order in the same manner as provided in Code Section 19-13-53. (e) Foreign protective orders shall not be required to be contained on a standardized form or forms in order to be entered in the registry. (f) Filing and registry of the foreign protective order in the registry shall not be prerequisites for enforcement of the foreign protective order in this state.
19-13-55. Any individual, agency, or court which obtains information from the registry shall keep such information or parts thereof confidential, and shall not disseminate or disclose such information, or parts thereof, except as authorized in this article or otherwise by law. Violation of this Code section shall be a misdemeanor.
19-13-56. (a) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for any delay or failure to file a protective order, to transmit information contained in protective orders, or to enter such information in the registry. (b) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for acting in reliance upon information registered in the registry or information received for the purpose of entry in the registry."
SECTION 2. This Act shall become effective on July 1, 2001. The registry created by this Act shall become effective 180 days after the promulgation of the forms pursuant to Code Section 19-13-53.
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:

2878

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 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
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
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 Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y 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 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 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 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 Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative 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.

The Speaker assumed the Chair.

THURSDAY, MARCH 15, 2001

2879

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 following Senate substitute was read:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Houston County, Georgia; authorizing the conveyance of certain state owned real property located in Putnam County, Georgia; authorizing the conveyance of certain state owned real property located in Terrell County, Georgia; authorizing the conveyance of certain state owned real property located in Sumter 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 Houston County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Perry, Houston County, and containing approximately 1.6 acres and is more particularly described on a plat of survey dated January 24, 1949, prepared by Rhodes Sewell, Georgia Registered Land Surveyor No. 160, 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 Department of Defense and is the site of the Houston County National Guard Armory; (4) The above-described property was conveyed to the state in 1949 for a consideration of $10.00 and in 1952 by Corrective Deed, also for $10.00 by the mayor and councilmen of the City of Perry; (5) The Department of Defense is consolidating its activities throughout the State and has determined that the site of the Houston County National Guard Armory is no longer needed to carry out the mission of the National Guard; and

2880

JOURNAL OF THE HOUSE

(6) The City of Perry is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 368th GMD of Putnam County and containing approximately 5 acres and being more particularly described as follows: Starting at a common corner of property of Putnam County Development Corporation, the Eatonton-Godfrey Highway and the property herein described; thence north 81 degrees 45 minutes west for a distance of 674 feet; thence north 35 degrees 34 minutes west for a distance 227 feet; thence north 54 degrees 46 minutes east for a distance of 442 feet and to the Eatonton-Godfrey Highway; thence in a southeasterly direction along the Eatonton-Godfrey Highway for a distance of 692.22 feet to the point of beginning. Reference is made to a plat of said tract recorded in Plat Book 2, page 185, Clerks Office, Putnam Superior Court, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Defense and is the site of the Putnam County National Guard Armory; (4) The above-described property was conveyed to the state in 1960 by the City of Eatonton and Putnam County for a consideration of $10.00; (5) The Department of Defense is consolidating its activities throughout the state and has determined that the site of the Putnam County National Guard Armory is no longer needed to carry out the mission of the National Guard; and (6) Putnam County is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Terrell County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Dawson, Terrell County, and containing approximately 3.30 acres and is more particularly described on a plat of survey dated August 31, 1954, prepared by S. P. Crotwell recorded in Plat Book I, page 214 in the Superior Court, Terrell 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 Department of Defense and is the site of the Terrell County National Guard Armory; (4) The Department of Defense is consolidating its activities throughout the state and has determined that the site of the Terrell County National Guard Armory is no longer

THURSDAY, MARCH 15, 2001

2881

needed to carry out the mission of the National Guard; and (5) Terrell County is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Sumter County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Americus, Sumter County, and containing approximately 1.382 acres and is more particularly described on a plat of survey dated January 15, 1981, prepared by James R. Littlefield, Georgia Registered Land Surveyor No. 1304, 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 Bureau of Investigation and is the site of its Region 3 Investigative Office; (4) The above-described state owned property was conveyed to the State on May 13, 1982, by Sumter County for a consideration of $10.00; (5) Sumter County intends to build a new Region 3 Investigative Office for use by the Georgia Bureau of Investigation; and (6) Sumter County is desirous of acquiring the current site of the Region 3 Investigative Office when the Georgia Bureau of Investigation vacates the site and declares it surplus.
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 Houston 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 conveyed to the City of Perry, Houston County, for a consideration of $10.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to the City of Perry, Houston County, shall expire three years after the date that this resolution

2882

JOURNAL OF THE HOUSE

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 Houston 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 Department of Defense until the property is conveyed to the City of Perry, Houston County.
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 Department of Defense.
ARTICLE II SECTION 9.
That the State of Georgia is the owner of the above-described real property located in Putnam 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 Putnam 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 purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 11. That the authorization in this resolution to convey the above-described property to Putnam County shall expire three years after the date that this resolution becomes effective.

THURSDAY, MARCH 15, 2001

2883

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 Putnam 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 Department of Defense until the property is conveyed to Putnam 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 Department of Defense.
ARTICLE III SECTION 17.
That the State of Georgia is the owner of the above-described real property located in Terrell 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 above-described real property may be conveyed by appropriate instrument to Terrell 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 purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 19. That the authorization in this resolution to convey the above-described property to Terrell County shall expire three years after the date that this resolution becomes effective.
SECTION 20. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

2884

JOURNAL OF THE HOUSE

SECTION 21. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Terrell 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 Defense until the property is conveyed to Terrell 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 Defense.
ARTICLE IV SECTION 25.
That the State of Georgia is the owner of the above-described real property located in Sumter 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 located in Sumter County may be conveyed by appropriate instrument to Sumter County by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of $1.00, once the property is vacated by the Georgia Bureau of Investigation, provided that the fair market value of the above-described state owned property shall be deducted from the rental rate of the new facility to be built by Sumter County over a term of not more than ten years, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 27. That the authorization in this resolution to convey the above-described property to Sumter County shall expire five 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.

THURSDAY, MARCH 15, 2001

2885

SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Sumter 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 Georgia Bureau of Investigation until the property is conveyed to Sumter County.
SECTION 31. That all costs associated with the conveyance of the above-described property shall be borne by the Georgia Bureau of Investigation.
ARTICLE V SECTION 32.
That all laws and parts of laws in conflict with this resolution are repealed.

Representative Walker of the 141st moved that the House agree to the Senate substitute to HR 139.

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
Buckner Y Bulloch Y Bunn Y Burkhalter

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

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 Y Lucas Y Lunsford Y Maddox Y Mangham

Y 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 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
Turnquest Y Twiggs

2886
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 Cooper

JOURNAL OF THE HOUSE

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

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 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 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 motion, the ayes were 163, nays 0. The motion prevailed.

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 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 following Senate substitute was read:

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 the Official Code of Georgia Annotated, relating to property tax exemptions, so as to clarify the provisions of the ad valorem tax exemption with respect to property of nonprofit homes for the aged; 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; to provide for effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 15, 2001

2887

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by striking paragraph (12) of subsection (a) of Code Section 48-5-41, relating to ad valorem tax exemptions, and inserting in its place a new paragraph (12) to read as follows:
"(12)(A) Property of a nonprofit home for the aged used in connection with its operation when the home for the aged has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations;. (B) Property exempted by this paragraph shall not include property of a home for the aged held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the aged;. (C) For purposes of this paragraph, indirect ownership of such home for the aged through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership;".
SECTION 2. Said part is further amended by striking subsection (c) of Code Section 48-5-41.1, relating to exemption of certain agricultural products from ad valorem taxation, and inserting in its place a new subsection (c) to read as follows:
"(c) Farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which is are owned by and directly used in the production of agricultural products by family owned qualified farm products producers shall be exempt from all ad valorem property taxes in this state."
SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The Speaker ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute to HB 37.

2888

JOURNAL OF THE HOUSE

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 Senate amendment was read:

Amend HR 88 by adding in the title on line 10 of page 1 between the semicolon and the word "to" the following:
"authorizing the conveyance of certain state owned real property located in Burke County, Georgia;".
By striking the period at the end of line 23 of page 6 and inserting the following:
"; and".
By adding between lines 23 and 24 on page 6 the following:
"WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Burke County, Georgia; (2) Said property is all that tract or parcel of land lying and being in the 60th GMD of Burke County and containing approximately 12 acres and is more particularly described on a drawing prepared by Burke 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 Department of Technical and Adult Education and is a portion of the 47 acre campus of the Burke County Satellite Center of Augusta Technical Institute; (4) The above-mentioned 47 acre state owned property was conveyed to the state in 1998 by Burke County for a consideration of $10.00;

THURSDAY, MARCH 15, 2001

2889

(5) Burke County intends to build a new library for use by the citizens of Burke County; (6) Burke County is desirous of acquiring the above-described approximately 12 acre parcel of state owned property as the location of said library; and (7) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Burke County for the above-stated purpose."
By striking lines 8 and 9 on page 18 and inserting the following:
"SECTION 81. That the State of Georgia is the owner of the above-described real property located in Burke 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 82. That the above-described real property located in Burke County may be conveyed by appropriate instrument to Burke 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 purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 83. That the authorization in this resolution to convey the above-described property to Burke County shall expire five years after the date that this resolution becomes effective.
SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 85. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Burke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 86. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Burke County.
SECTION 87. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.

2890

JOURNAL OF THE HOUSE

SECTION 88. That all costs associated with the conveyance of the above-described property shall be borne by the Department of Technical and Adult Education.
ARTICLE XII SECTION 89.
That all laws and parts of laws in conflict with this resolution are repealed."

Representative Lucas of the 124th moved that the House agree to the Senate amendment to the House substitute to HR 88.

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

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E 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 E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens
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 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
Morris Y Mosley

Mueller N Orrock Y Parham Y Parrish Y Parsons
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
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
Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams Y Wix Y Yates Murphy, Speaker

THURSDAY, MARCH 15, 2001

2891

On the motion, the ayes were 157, nays 1.
The motion prevailed.
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 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 Senate substitute 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 that the state, when engaging in certain development activities, must provide for landscape plans to retain or replace trees on the development site; 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 'development activity' means the construction of a structure having an area occupied and defined by the exterior of such structure of at least 1,000 square feet or of a parking lot, other than roadway, street, or bridge construction.

2892

JOURNAL OF THE HOUSE

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

Representative Burkhalter of the 41st moved that the House agree to the Senate substitute to HB 279.

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 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
Deloach, G E 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 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
Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann
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
Pelote Y Pinholster Y 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 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

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

THURSDAY, MARCH 15, 2001

2893

On the motion, the ayes were 163, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 176 by striking from line 2 of page 1 the word "may" and inserting the word "shall".
By striking from line 16 of page 1 the word "may" and inserting the word "shall".

Representative Birdsong of the 123rd moved that the House agree to the Senate amendment to HB 176.

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 Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B
Deloach, G E Dix Y Dodson Y Drenner Y Dukes

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 Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas

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

2894
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 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 Y Heckstall Y Hembree Y Henson Y Hines
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 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 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 Y Smith, B

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

On the motion, the ayes were 164, nays 0. The motion prevailed.

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 following Senate substitute was read:

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

THURSDAY, MARCH 15, 2001

2895

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; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, is amended by striking in its entirety Code Section 27-1-3, relating to ownership and custody of wildlife, privilege to hunt, trap, or fish, and general offenses, and inserting in lieu thereof the following:
"27-1-3. (a) The General Assembly recognizes that hunting and fishing and the taking of wildlife are a valued part of the cultural heritage of the State of Georgia. The General Assembly further recognizes that such activities play an essential role in the states economy and in funding the states management programs for game and nongame species alike, and that such activities have also come to play an important and sometimes critical role in the biological management of certain natural communities within this state. In recognition of this cultural heritage and the tradition of stewardship it embodies, and of the important role that hunting and fishing and the taking of wildlife play in the states economy and in the preservation and management of the states natural communities, the General Assembly declares that Georgia citizens have the right to take fish and wildlife, subject to the laws and regulations adopted by the board for the public good and general welfare, which laws and regulations should be vigorously enforced. The General Assembly further declares that the states wildlife resources should be managed in accordance with sound principles of wildlife management, using all appropriate tools, including hunting, fishing, and the taking of wildlife. (b) The ownership of, jurisdiction over, and control of all wildlife, as defined in this title, are declared to be in the State of Georgia, in its sovereign capacity, to be controlled, regulated, and disposed of in accordance with this title. Wildlife is held in trust by the state for the benefit of its citizens and shall not be reduced to private ownership except as specifically provided for in this title. All wildlife of the State of Georgia are is declared to be within the custody of the department for purposes of management and regulation in accordance with this title. However, the State of Georgia, the department, and the board shall be immune from suit and shall not be liable for any damage to life, person, or property caused directly or indirectly by any wildlife. (c) The department has the authority and the responsibility to work with cooperating sportsmen, conservation groups, and others to encourage participation in hunting and fishing at a level to ensure continuation of such activities in perpetuity and no net loss

2896

JOURNAL OF THE HOUSE

of hunting and fishing opportunity on state owned lands. Further, the department is authorized to promote and encourage hunting, fishing, and other wildlife associated recreation on state managed wildlife areas, public fishing areas, federally owned or managed forests, and other suitable public and private lands of this state. (b) (d) To hunt, trap, or fish, as defined in this title, or to possess or transport wildlife is declared to be a privilege right to be exercised only in accordance with the laws granting governing such privilege right. Every person exercising this privilege right does so subject to the right authority of the state to regulate hunting, trapping, and fishing for the public good and general welfare; and it shall be unlawful for any person participating in the privileges exercising the right of hunting, trapping, fishing, possessing, or transporting wildlife to refuse to permit authorized employees of the department to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws and regulations are being faithfully complied with. Any person who hunts, traps, fishes, possesses, or transports wildlife in violation of the wildlife laws and regulations violates the conditions under which this privilege right is extended; and any wildlife then on his person or within his immediate possession are is deemed to be wildlife possessed in violation of the law and are is subject to seizure by the department pursuant to Code Section 27-1-21. Nothing in this subsection shall be construed to reduce, infringe upon, or diminish the rights of private property owners as otherwise provided by general law. (c) (e) It shall be unlawful to hunt, trap, or fish except during an open season for the taking of wildlife, as such open seasons may be established by law or by rules and regulations promulgated by the board or as otherwise provided by law. (d) (f) It shall be unlawful to hunt, trap, or fish except in compliance with the bag, creel, size, and possession limits and except in accordance with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the board. (e) (g) It shall be unlawful to hunt, trap, or fish for any game species after having obtained the daily or season bag or creel limit for that species. (h) Except as otherwise provided by general law, the power and duty to promulgate rules and regulations relating to hunting, trapping, and fishing rests solely with the board. No political subdivision of the state may regulate hunting, trapping, or fishing by local ordinance; provided, however, that a local government shall not be prohibited from exercising its management rights over real property owned or leased by it for purposes of prohibiting hunting, fishing, or trapping upon the property or for purposes of setting times when access to the property for purposes of hunting, fishing, or trapping in accordance with this title may be permitted. Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the political subdivision for purposes of public safety. (f) (i) A person who takes any wildlife in violation of this title commits the offense of theft by taking. A person who hunts, traps, or fishes in violation of this title commits

THURSDAY, MARCH 15, 2001

2897

the offense of criminal attempt. Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (g) (j) If any court finds that any criminal violation of the provisions of this title is so egregious as to display a willful and reckless disregard for the wildlife of this state, the court may, in its discretion, suspend the violators privilege right to hunt, fish, trap, possess, or transport wildlife in this state for a period not to exceed five years. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state in violation of such suspension of privileges rights shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or imprisonment for a period not exceeding 12 months or both."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Morris of the 155th moved that the House agree to the Senate substitute to HB 301.

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
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
Deloach, G E 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 E Harrell Y Heard
Heckstall Y Hembree Y Henson

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 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 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 Smith, C Y Smith, C.W Y Smith, L
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 Y Unterman Y Walker, L Y Walker, R.L Watson Y West Y Westmoreland

2898
Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y McClinton McKinney
N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Wiles Y Wilkinson N Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 158, nays 2. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 293 by adding "to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for grading;" following "dealers;" on line 9 of page 1, by redesignating Section 3 as Section 4, and by adding between lines 23 and 24 of page 2 the following:
"SECTION 3. Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding a new Code Section 104-114.1 to read as follows:
'10-4-114.1. All tobacco purchased or sold in Georgia shall be graded by the Agriculture Marketing Service of the United States Department of Agriculture or according to standards and by graders approved by the Commissioner of Agriculture.'".

THURSDAY, MARCH 15, 2001

2899

The following amendment was read and adopted:

Representatives Ray of the 128th, Walker of the 141st and Lanier of the 145th move to amend the Senate amendment to the Committee substitute to HB 293 as follows:
By deleting all of the language after the word "Agriculture" on line 12 and by adding a new sentence as follows:
"Provided, however, in the event graders from the United States Department of Agriculture are not available and said Department so certifies in writing to the Georgia Commissioner of Agriculture that graders are unavailable, then, in that event, grading shall be done by graders approved by the Commissioner of Agriculture."

Representative Ray of the 128th moved that the House agree to the Senate amendment, as amended by the House, to HB 293.

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

Y Allen N 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 N Brown Y Buck
Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell

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

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

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 N Reese Y Reichert Y Rice Y Richardson N Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N 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 N Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L
Watson

2900
N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins N Connell N Cooper

JOURNAL OF THE HOUSE

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

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

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

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

On the motion, the ayes were 130, nays 32. The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 636. By Representatives Bannister of the 77th, Coan of the 82nd and Callaway of the 81st:
A RESOLUTION commending the Berkmar High School Patriots basketball team; and for other purposes.

HR 637. By Representatives Harbin of the 113th, Jackson of the 112th, Coleman of the 142nd and Keen of the 174th:
A RESOLUTION commending LaVander B. Land; and for other purposes.

HR 638. By Representatives Johnson of the 35th, Wix of the 33rd, Parsons of the 40th, Cummings of the 27th and Lewis of the 14th:
A RESOLUTION commending the students and faculty of North Metro Technical College who participated in the 2001 Associated Landscape Contractors of America (ALCA) Student Career Days; and for other purposes.

HR 639. By Representatives Johnson of the 35th, Wix of the 33rd and Mangham of the 75th:
A RESOLUTION commending Mr. Bill Waldrop; and for other purposes.

THURSDAY, MARCH 15, 2001

2901

HR 640. By Representatives Johnson of the 35th, Wix of the 33rd, Parsons of the 40th, Cummings of the 27th and Lewis of the 14th: A RESOLUTION commending the students and faculty of North Metro Technical Institute; and for other purposes.
HR 641. By Representative Hembree of the 98th: A RESOLUTION commending Seth Plants; and for other purposes.
HR 642. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th: A RESOLUTION expressing regret at the passing of John McLeod Stockbridge; and for other purposes.
HR 643. By Representatives Johnson of the 35th, Wix of the 33rd, Parsons of the 40th and Manning of the 32nd: A RESOLUTION commending the students and faculty of Chattahoochee Technical College; and for other purposes.
HR 644. By Representative Greene of the 158th: A RESOLUTION expressing regret at the passing of Honorable J. Frank Murrah, Sr.; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions & Property and referred to the Committee on Special Judiciary:
HB 885. By Representative Jenkins of the 110th: A BILL to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to enact The Interstate

2902

JOURNAL OF THE HOUSE
Compact for Adult Offender Supervision; to provide for implementation of such compact; to provide for the Georgia State Council for Interstate Adult Offender Supervision; to provide for a compact administrator; to repeal the "Uniform Act for Out-of-State Parolee Supervision"; and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Defense & Veterans Affairs and referred to the Committee on Motor Vehicles:

SB 176. By Senators Brush of the 24th and Harbison of the 15th:
A bill to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing generally, so as to provide that active duty members of the armed forces of the United States shall be eligible to receive free license plates for private passenger cars or trucks; to provide for related matters; to repeal conflicting laws; 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 234 Do Pass, by Substitute SB 276 Do Pass

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:

THURSDAY, MARCH 15, 2001

2903

Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 112 Do Pass SR 118 Do Pass SB 239 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
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 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.
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.

2904

JOURNAL OF THE HOUSE

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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority, the following bills of the House:
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.
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.
HB 780. By Representatives Buckner of the 95th, Dodson of the 94th, Seay of the 93rd, Jordan of the 96th and Barnes of the 97th:
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

THURSDAY, MARCH 15, 2001

2905

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

2906

JOURNAL OF THE HOUSE

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

THURSDAY, MARCH 15, 2001

2907

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

2908

JOURNAL OF THE HOUSE

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

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.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 19, 2001.

MONDAY, MARCH 19, 2001

2909

Representative Hall, Atlanta, Georgia Monday, March 19, 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 Birdsong Black Boggs Bohannon Bordeaux Borders Bridges Brooks Broome Brown Buckner Bulloch E Bunn Burmeister Byrd Callaway Channell Childers Coleman, B Connell Cox

Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Epps Everett Floyd Forster Franklin Greene Hammontree Hanner Harbin E Harrell Heard Hembree Henson Hines Holland Holmes Houston Howard

Hudgens Hudson, N Hugley Jackson, B Jackson, L James Jennings Johnson Jordan Joyce Kaye E Keen Lane Lanier Lewis Lord E Mann Manning Martin Massey McBee McCall McKinney Millar Mills E Mobley

Mosley Mueller E Parham Parrish Parsons Pelote Pinholster Powell Purcell Ray Reece Reichert E Rice Richardson Roberts, D Roberts, L Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar

Skipper Smith, C Smith, L Smith, P Smith, V Snelling Snow Stallings Stancil Stephens Stokes Stuckey Taylor Teper Tillman Turnquest Unterman 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, Bell of the 25th, Buck of the 135th, Burkhalter of the 41st, Cash of the 108th, Coan of the 82nd, Coleman of the 142nd, Collins of the 29th, Cooper of the 31st, Dix of the 76th, Dukes of the 161st, Golick of the 30th, Graves of the 125th, Heckstall of the 55th, Irvin of the 45th, Jamieson of the 22nd, Jenkins of the 110th, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, Mangham of the 75th, Morris of the 155th, Orrock of the 56th, Poag of the 6th, Porter of the 143rd, Ragas of the 64th, Randall of the 127th, Reed of the 52nd, Reese of the 85th, Rogers of the 20th, Sims of the 167th, Sinkfield of the 57th, Smith of the 19th,

2910

JOURNAL OF THE HOUSE

Smith of the 91st, Smyre of the 136th, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Teague of the 58th, Twiggs of the 8th, Walker of the 141st, Watson of the 70th, Williams of the 83rd and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by Dr. Ron Sailor, Sr., Pastor, Christ the King Baptist Church, Dacula, 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 928. By Representative Royal of the 164th:

MONDAY, MARCH 19, 2001

2911

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 with respect to certain sales of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each with respect to certain carriers, so as to provide for a credit with respect to certain fuel purchases; and for other purposes.

Referred to the Committee on Ways & Means.

HB 929. By Representatives Cummings of the 27th and McBee of the 88th:
A BILL to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 930. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
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 931. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A BILL to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement age under the Employees' Retirement System of Georgia, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that persons who retired with at least ten years of actual

2912

JOURNAL OF THE HOUSE
service as an officer of the Uniform Division of the Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 932. By Representatives Henson of the 65th, Ragas of the 64th, Squires of the 78th, Unterman of the 84th, Dix of the 76th and others:
A BILL to amend Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state memorials, so as to abolish the Stone Mountain Memorial Association and transfer certain duties, powers, and obligations to the Parks and Historic Sites Division of the Department of Natural Resources; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 933. By Representatives Bannister of the 77th, Shanahan of the 10th, Massey of the 86th, Irvin of the 45th, Harbin of the 113th and others:
A BILL to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to code of ethics and conflicts of interest with regard to public officers and employees, so as to provide for certain disclosures under certain conditions for persons and entities who sell or provide property, goods, or services to the state or any of its agencies, departments, authorities, instrumentalities, or political subdivisions; and for other purposes.

Referred to the Committee on Rules.

HB 934. By Representatives Cummings of the 27th and McBee of the 88th:
A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement, minimum retirement allowance, reduced allowance, increase, and computation of average compensation under the Teachers Retirement System of Georgia, so as to provide that the benefit under such system shall be calculated at 3 percent for years in excess of 30 years of creditable service; and for other purposes.

MONDAY, MARCH 19, 2001

2913

Referred to the Committee on Retirement.
HB 935. By Representatives Cummings of the 27th, Shanahan of the 10th, Stallings of the 100th and McBee of the 88th:
A BILL to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, the effect of reemployment, the effect of changes in retirement benefits, and payment on the death of member, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; and for other purposes.
Referred to the Committee on Retirement.
HB 936. By Representatives Cummings of the 27th and McBee of the 88th:
A BILL to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, health benefits, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.
Referred to the Committee on Retirement.
HB 937. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A BILL to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages in the Employees' Retirement System of Georgia, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide for vesting for a benefit with eight years of service as Governor or Lieutenant Governor; and for other purposes.

2914

JOURNAL OF THE HOUSE

Referred to the Committee on Retirement.

HB 938. By Representative Sanders of the 107th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1 , 2007; and for other purposes.

Referred to the Committee on Ways & Means.

HB 939. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens on motor vehicles, so as to provide for a holder's liability for damages and attorney's fees for failure to execute and return a release in certain cases; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 940. By Representatives Graves of the 125th, Stephens of the 150th, Rice of the 79th and Williams of the 83rd:
A BILL to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to enact the "Local Board of Education Freedom to Contract Act"; and for other purposes.

Referred to the Committee on Education.

HB 941. By Representatives Epps of the 131st, Smyre of the 136th, Martin of the 47th, Dukes of the 161st, Brooks of the 54th and others:

MONDAY, MARCH 19, 2001

2915

A BILL to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that every person who subjects, or causes to be subjected, any person to the deprivation of any rights, privileges, or immunities secured by the Constitution or laws of the State of Georgia, based upon a person's race, color, national origin, gender, marital status, sexual orientation, age, religion, or disability status, or perception thereof, shall have committed unlawful discrimination and shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress; and for other purposes.

Referred to the Committee on Judiciary.

HB 942. By Representatives Smith of the 91st and McCall of the 90th:
A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 943. By Representatives Stephens of the 150th, McCall of the 90th, Hanner of the 159th, Skipper of the 137th, Day of the 153rd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of certain chemicals, compounds, or substances used in pollution treatment or control; and for other purposes.

Referred to the Committee on Ways & Means.

HB 944. By Representatives McClinton of the 68th, Holmes of the 53rd, Ashe of the 46th, Stanley of the 50th, Stanley of the 49th and others:

2916

JOURNAL OF THE HOUSE

A BILL to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, so as to change certain provisions regarding municipalities which may enter such contracts; and for other purposes.
Referred to the Committee on Ways & Means.
HB 945. By Representative James of the 140th:
A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the the establishment of a dog and cat sterilization support program and educational activities; to provide for funds; to provide for rules; to provide for reports; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the issuance of license plates promoting the dog and cat sterilization support program and related educational activities of the Department of Agriculture; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HB 946. By Representatives Kaye of the 37th and Westmoreland of the 104th:
A BILL to amend Article 11 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to higher education savings plans, so as to change certain provisions regarding maximum contributions; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to change certain provisions regarding qualifying for certain income tax exclusions; and for other purposes.
Referred to the Committee on Ways & Means.
HR 646. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:

MONDAY, MARCH 19, 2001

2917

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Veterans' Nursing Home Care Trust Fund from which funds shall be disbursed for enhancement of the state's veterans' nursing home and the provision of care to residents of such home; to provide for the allocation and dedication of revenues from additional fees received for the sale of special and distinctive motor vehicle license plates to owners of vehicles who are veterans of the armed forces of the United States; and for other purposes.

Referred to the Committee on Health & Ecology.

HR 647. By Representative Scheid of the 17th:
A RESOLUTION urging each local school board in Georgia to implement safety plans; and for other purposes.

Referred to the Committee on Education.

HR 648. By Representatives Mueller of the 152nd and Murphy of the 18th:
A RESOLUTION creating the House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; 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 926 HB 927 HR 597 HR 598 HR 599 HR 600

HR 645 SB 306 SB 308 SB 309 SR 345

2918

JOURNAL OF THE HOUSE

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 568 Do Pass HR 618 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 880 Do Pass HB 925 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 19, 2001

Mr. Speaker and Members of the House:

MONDAY, MARCH 19, 2001

2919

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

SB 13 SB 22 SB 40 SB 48 SB 50 SB 60 SB 93 SB 97 SB 129 SB 130 SB 132 SB 134 SB 139 SB 155 SB 160 SB 204 SB 210 SB 213 SB 270 SB 291

Probation Services; contractual agreements; supervision fees (Crotts 17th) Evidence Tampering; criminal penalties (Meyer von Bremen - 12th) Developmental Highway System; road corridors; inclusion of SR 32 (Streat - 19th) Watercraft; lifesaving devices exemption; canoes, kayaks; suspended operating privileges (Cagle - 49th) Superior Court Clerks; records in digital format (Johnson - 1st) Child Abuse; definitions; child fatality review; duties of state and local review panels and committees (Thompson - 33rd) Georgia Cogeneration and Net Metering Act; program for operators of solar electrical cogeneration facilities (Polak - 42nd) Roadside Enhancement and Beautification Fund; fund-raising; sales of special Wildflower license plates (Bowen - 13th) Criminal Justice Agencies; accuracy of identifying data to Crime Information Center (Meyer von Bremen - 12th) Metropolitan North Georgia Water Planning District; create (Thompson 33rd) EMS Technicians, Paramedics and Cardiac Technicians; regulations; transfer functions to DHR (Stokes - 43rd) Public Transportation; State Road and Tollway Authority; new name, mass transit projects, revenues and authority (Thompson - 33rd) Water Wells and Boreholes; drilling and construction; contractor licensing; pump installer certification (Lee - 29th) Wine and Farm Wineries; licensing; designate Georgia Wine Trail (Smith - 25th) Defense of Self or Habitation When Forcible Entry Occurs; justification in use of force (Johnson - 1st) Coin Operated Amusement Machines, Games; gambling offenses defined; penalties (Polak - 42nd) Medical Records; release and handling of patient records; privacy regulations; subpoenas; objections (Tanksley - 32nd) Elections, Primaries and Voting; comprehensive revisions; 21st Century Voting Commission to review equipment (Hill - 4th) Parolee or Probationers; new offenses; setting of bond by state and magistrate court judges (Kemp - 3rd) Student Expulsion; Physical Violence Against a Teacher or School Employee; disciplinary procedures (Meyer von Bremen - 12th)

2920

JOURNAL OF THE HOUSE

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 880. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to provide for the filling of vacancies in the office of sheriff of Walker County; and for other purposes.

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

HB 925. By Representative Holland of the 157th:
A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for an appointment of a city manager; to provide for the method of appointment and removal of the city manager; to establish the qualifications, powers, and duties of the city manager; to modify the powers of the mayor; to increase the compensation of the mayor and council; 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 Y Ashe

Y Cox Crawford
Y Cummings Y Davis

Hudson, S Y Hugley Y Irvin Y Jackson, B

Y Mueller Y Orrock E Parham
Parrish

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

MONDAY, MARCH 19, 2001

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

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 E 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 Smith, B

2921
Smith, T Y Smith, V Y Smyre Y 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
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 136, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Collins of the 29th and Dukes of the 161st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

2922

JOURNAL OF THE HOUSE

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority, the following bills of the Senate:
SB 242. By Senator Williams of the 6th:
A bill to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Montgomery County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal the Act providing for the appointment of the chief magistrate of Montgomery County, approved March 10, 1988 (Ga. L. 1988, p. 3843); to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 310. By Senator Beatty of the 47th:
A bill to be entitled an Act to provide a new charter for the City of Carnesville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; 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 Committee:

SB 242. By Senator Williams of the 6th:

MONDAY, MARCH 19, 2001

2923

A bill to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Montgomery County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal the Act providing for the appointment of the chief magistrate of Montgomery County, approved March 10, 1988 (Ga. L. 1988, p. 3843); to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

SB 310. By Senator Beatty of the 47th:
A bill to be entitled an Act to provide a new charter for the City of Carnesville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

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

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

Representative Heard of the 89th arose to a point of personal privilege and addressed the House.

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

2924

JOURNAL OF THE HOUSE

HR 618. By Representatives Bannister of the 77th, Coan of the 82nd and Callaway of the 81st:
A RESOLUTION inviting the coaches and players of the Berkmar High School Patriots basketball 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 Bills of the Senate were taken up for consideration and read the third time:

SB 129. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to admission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that neither the center or its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on the Georgia criminal justice information system (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC); 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:

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 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 Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye E Keen

Y Mueller Y Orrock E Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Y Ray

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 Y Stanley-Turner

Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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

MONDAY, MARCH 19, 2001

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

2925
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, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 93.

By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain

2926

JOURNAL OF THE HOUSE

provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of distributed generation for operators of certain solar electrical facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; 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 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, is amended by striking Part 3, "The Georgia Cogeneration Act of 1979," and inserting in lieu thereof the following:
"Part 3
46-3-50. This part shall be known and may be cited as 'The Georgia Cogeneration and Distributed Generation Act of 1979 2001.'
46-3-51. (a) The legislature finds that it is in the public interest to:
(1) Encourage private investment in renewable energy resources; (2) Stimulate the economic growth of Georgia; and (3) Enhance the continued diversification of the energy resources used in Georgia. (b) The General Assembly further finds and declares that a program to provide distributed generation for eligible cogenerators is a way to encourage private investment in renewable energy resources, stimulate in-state economic growth, enhance the continued diversification of this states energy resource mix, and reduce interconnection and administrative costs.
46-3-51. 46-3-52. As used in this part, the term:
(1) 'Cogeneration facility' means a facility which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes. (2) 'Cogenerator' means the person who is the owner of the cogeneration facility. (3) 'Electric supplier' means any electric light and power company in this state subject to regulation by the commission, any electric membership corporation furnishing wholesale service, any municipality or any association which furnishes wholesale service to any municipality, and the Tennessee Valley Authority. (4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

MONDAY, MARCH 19, 2001

2927

(1) 'Bidirectional metering' means measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customers distributed generation facility using the same meter. (2) 'Cogeneration facility' means a facility, other than a distributed generation facility, which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes. (3) 'Commission' means the Georgia Public Service Commission. (4) 'Customer generator' means the owner and operator of a 'distributed generation facility.' (5) 'Distributed generation facility' means a facility owned and operated by a customer of the electric service provider for the production of electrical energy that:
(A) Uses a solar Photovoltaic system, fuel cell, or wind turbine; (B) Has a peak generating capacity of not more than 10kW for a residential application and 100kW for a commercial application; (C) Is located on the customers premises; (D) Operates in parallel with the electric service providers distribution facilities; (E) Connected to the electric service providers distribution system on either side of the electric service providers meter; and (F) Is intended primarily to offset part or all of the customer generators requirements for electricity. (6) 'Electric membership corporation' means a corporation organized under Article 2 of this chapter. (7) 'Electric service provider' means any electric utility, electric membership corporation, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state. (8) 'Electric supplier' means any electric utility, electric membership corporation furnishing wholesale service, any municipal electric utility or any other person which furnishes wholesale service to any municipality, and the Tennessee Valley Authority. (9) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (10) 'Municipal electric utility' means a city or town that owns or operates an electric utility. (11) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (12) 'Renewable energy sources' means energy supplied from technologies as approved in the Georgia Green Pricing Accreditation Program.
46-3-52 46-3-53. (a) Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the Georgia Public Service Commission commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in Code Section 46-3-53 subsection (b) of this Code section.

2928

JOURNAL OF THE HOUSE

46-3-53. (b) Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission if the power production capacity of such cogeneration facility does not exceed 30 megawatts,; provided, however, that nothing in this article shall preclude the commission affect a person from complying compliance with federal law.
46-3-54. An electric service provider:
(1) Shall make either bidirectional metering or single directional metering available to customer generators depending on how the distributed generation facility is connected to the distribution system of the electric service provider; (2) Shall enter into a written agreement with the customer generator to charge the customer generator the rate established by the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, for metering services; (3) In setting the fees for metering service, the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, will include the direct costs associated with interconnecting or administering metering services or distributed generation facilities and will not allocate these costs among the utilitys entire customer base. (4) In establishing such a fee for metering services, the electric service provider shall not charge the customer generator any standby, capacity, interconnection, or other fee or charge, other than a monthly service charge, unless agreed to by the customer generator or approved by the commission, in the case of an electric utility, or the appropriate governing body, in the case of any other electric service provider or electric supplier.
46-3-55. Consistent with the other provisions of this chapter, the energy flow shall be measured and paid for in the following manner:
(1) If the distributed generation facilities are connected to the electric service providers distribution system on the customer generators side of the customers meter, the electric service provider shall:
(A) Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using bidirectional metering; (B) When the electricity supplied by the electric service provider exceeds the electricity generated by the customers distributed generation, the electricity shall be billed by the electric service provider, in accordance with tariffs filed with the commission; or (C) When electricity generated by the customers distributed generation system exceeds the electricity supplied by the electric service provider, the customer generator:

MONDAY, MARCH 19, 2001

2929

(i) Shall be billed for the appropriate customer charges for that billing period; and (ii) Shall be credited for the excess kilowatt-hours generated during the billing period at an agreed to rate as filed with the commission, with this kilowatt-hour credit appearing on the bill for the billing period. (2) If the distributed generation facilities are connected to the electric service providers distribution system on the electric service providers side of the customers meter, the electric service provider shall: (A) Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using single directional metering; (B) Charge the customer generator a minimum monthly fee as established in Code Section 46-3-54; and (C) If there is electricity generated by the customer generator for the billing period, the customer generator shall be compensated at an agreed to rate as filed with the commission.
46-3-56. (a) An electric service provider will only be required to purchase energy as specified in Code Section 46-3-55 from an eligible customer generator on a first-come, first-served basis until the cumulative generating capacity of all renewable energy sources equals to 0.2 percent of the utilitys annual peak demand in the previous year provided, however, that no electric service provider will be required to purchase such energy at a price above avoided energy cost unless that amount of energy that has been subscribed under any renewable energy program. (b) Once the capacity is subscribed, an electric service provider may purchase energy from an eligible customer generator at a cost of energy as defined for a utility by the commission, in the case of an electric utility, or by the appropriate governing body, in the case of any other electric service provider or electric supplier. (c) A distributed generation facility used by a customer generator shall include, at the customers own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories. (d) The commission, in the case of an electric utility, or the appropriate governing body, in the case of other electric service providers or electric suppliers, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer generator that the commission or governing body determines are necessary to protect public safety and system reliability. (e) An electric service provider may not require a customer generator whose distributed generation facility meets the standards in subsections (a) and (b) of this Code section, to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance. (f) No electric service provider or electric supplier shall be liable to any person, directly or indirectly, for loss of property, injury, or death resulting from the

2930

JOURNAL OF THE HOUSE

interconnection of a cogenerator or distributed generation facility to its electrical system."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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

N 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
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
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 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 E Mobley
Morris Y Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag
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
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 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 150, nays 1.

MONDAY, MARCH 19, 2001

2931

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

Representatives Lucas of the 124th and Stanley of the 50th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

The following Committee substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):
(1) Appalachian; (2) The South Georgia Parkway; (3) U.S. 27; (4) U.S. 82; (5) Golden Isles; (6) Savannah River; (7) U.S. 441; (8) Fall Line;

2932

JOURNAL OF THE HOUSE

(9) U.S. 319; (10) U.S. 19; (11) U.S. 84; (12) U.S. 1/SR 17; (13) SR 72; (14) Outer Perimeter; (15) East-west Highway from I-59 North to I-85 North; and (16) Truck access routes., including without limitation:
(A) SR 133 from Albany to Valdosta; (B) SR 40 from Folkston to St. Marys; and (C) SR 125 from Fitzgerald to I-75; (17) SR 32; (18) Power Alley, U.S. 280 from Columbus to Savannah; and (19) SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County. Said Without limiting the foregoing, said system is further identified as being including those roads and corridors referred to as 'the Governors Road Improvement Program' in that resolution adopted by the State Transportation Board dated November 17, 1988."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Walker of the 141st and Skipper of the 137th move to amend the Committee substitute to SB 40 as follows:
By deleting numbered paragraph (14), line 25, page 1, in its entirety and substituting in lieu thereof (14) Northern Arc

Representatives Walker of the 141st, Murphy of the 18th, Skipper of the 137th and Westmoreland of the 104th move to amend the Committee substitute to SB 40 as follows:
By adding a new Section 2 to read as follows:
"No state agency shall name or rename any state road, bridge, interchange, or any part of a road in honor of, or with the name of, any person unless such action is approved by a joint resolution or Act of the General Assembly which is approved by the Governor or becomes law without such approval. This Code section shall not apply to a political

MONDAY, MARCH 19, 2001

2933

subdivision of the state naming any road which is under the jurisdiction of such political subdivision."
And by renumbering Section 2 as Section 3.

The Committee substitute, as amended, was adopted.

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

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

Y 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 E 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
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 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 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 Y Lucas Y Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall N McClinton
McKinney Y Millar Y Mills E Mobley Y Morris
Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons E 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
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

2934

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The Committee substitute having previously been read on Wednesday, March 14, 2001, was again taken up for consideration.

The following amendments were read and adopted:

Representatives Golick of the 30th and Richardson of the 26th move to amend the Committee substitute to SB 34 as follows:
Page 2, Line 5 after "person": Insert "charged with a felony".

Representative Reichert of the 126th moves to amend the Committee substitute to SB 34 as follows:
P. 2 line l, delete "or misdemeanor".

MONDAY, MARCH 19, 2001 The following amendment was read:

2935

Representative Joyce of the 1st moves to amend the Committee substitute to SB 34 as follows:
Page 3 line 9, insert after "(a)", "Upon conviction,".
Page 3 line 26, insert after "If", "upon conviction".

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

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

Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson Y Jordan Y Joyce Y Kaye Y 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 E Mobley N Morris Y Mosley

Y Mueller Y Orrock E Parham N Parrish N Parsons E Pelote Y Pinholster Y Poag N Porter Y Powell N Purcell Y Ragas
Randall N Ray N Reece Y Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw Y Sholar N Sims Y 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 Y Squires N Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Taylor N Teague Y Teper N Tillman Turnquest 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 Y Yates Murphy, Speaker

2936

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 84, nays 67. The amendment was adopted.

Representative Golick of the 30th moved that the House reconsider its action in adopting the Joyce amendment.

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

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

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G
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
Hanner Y Harbin E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston N Howard N Hudgens Y Hudson, N

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

N Mueller N Orrock E Parham Y Parrish Y Parsons E Pelote N Pinholster N Poag N Porter N Powell Y Purcell N Ragas
Randall N Ray Y Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims N 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 Y Snow Y Squires Y Stallings N Stancil
Stanley Stanley-Turner N Stephens N Stokes N Stuckey Y Taylor N Teague N Teper Y Tillman Turnquest Twiggs Y Unterman Y Walker, L Y 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 motion, the ayes were 79, nays 79.
The Speaker declared the motion prevailed. There being no objection to the motion, the amendment was reconsidered.

MONDAY, MARCH 19, 2001

2937

On the re-adoption of the Joyce 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 N Birdsong Y Black N Boggs Y Bohannon Y Bordeaux N Borders Y Bridges Y Brooks N Broome Y Brown N Buck N Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N 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
Dukes Y Ehrhart Y Epps N Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree
Hanner N Harbin E Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
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 Y Jennings N Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann N Manning N Martin Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills E Mobley N Morris Y Mosley

Y Mueller Y Orrock E Parham N Parrish N Parsons E Pelote Y Pinholster Y Poag N Porter Y Powell N Purcell Y Ragas N Randall N Ray N Reece Y Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw N Sholar N Sims
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 Y Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y 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 Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates Murphy, Speaker

On the re-adoption of the Joyce amendment, the ayes were 100, nays 60. The amendment was adopted.

The following amendment was read:

2938

JOURNAL OF THE HOUSE

Representative Ragas of the 64th moves to amend the Committee substitute to SB 34 as follows:
Delete Section 5. Renumber accordingly.

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 Y Barnard N Barnes N 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 E Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell
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 N Davis Y Day
Dean Y Deloach, B N Deloach, G
Dix N Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster Y Franklin N Golick N Graves Y Greene N Hammontree
Hanner N Harbin E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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

N Mueller N Orrock E Parham Y Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall
Ray N Reece Y Reed N Reese Y Reichert Y Rice N Richardson Y Roberts, D
Roberts, L N Rogers Y Royal
Sailor Y Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw N 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 Y Smith, V Y Smyre N Snelling
Snow Y Squires Y Stallings N Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 89, nays 72. The amendment was adopted.

MONDAY, MARCH 19, 2001 The following amendment was read and adopted:

2939

Representatives Walker of the 141st and Richardson of the 26th move to amend the Committee substitute to SB 34 as follows:
Delete Section 3 in its entirety and renumber the following sections accordingly.

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 Y Buckner Y Bulloch E 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 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
Hanner Y Harbin E Harrell Y Heard
Heckstall Y 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 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 E Mobley

Y Mueller Y Orrock E 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 Y Sinkfield

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 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

2940
Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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.

The following Committee substitute was read and adopted:

A BILL
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 Highway by the Department of Community Affairs and the Georgia Department of Transportation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and whole sales, surety bonds, and excise taxes, and Code Sections 3-6-21.2 and 36-21.3, relating to certain types of sales by farm wineries, and inserting in their place new Code Sections 3-6-21.1 through 3-6-21.4 to read as follows:
"3-6-21.1.

MONDAY, MARCH 19, 2001

2941

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

(1) 'Farm winery' means a domestic winery located on premises, a substantial portion

of which is used for agricultural purposes, including the cultivation of grapes, berries,

or fruits to be utilized in the manufacture or production of wine by the winery, or a

domestic winery which:

(A) Makes at least 40 percent of its annual production from agricultural produce

grown in this state;

(B) Is owned and operated by persons who are engaged in the production of a

substantial portion of the Georgia agricultural produce used in its annual production;

and for this purpose such production of a substantial portion of such Georgia

agricultural produce shall be determined by the commissioner; and

(C) Produces less than 100,000 gallons per year.

(2) 'Tasting room' means an outlet for the promotion of a farm winerys wine by

providing complimentary samples of such wine to the public and for the sale of such

wine at retail for consumption on the premises and for sale in closed packages for

consumption off the premises. Samples of wine can be given complimentary or for a

fee.

(b) The commissioner may authorize any licensee which is a farm winery to sell its

wine and the wine of any other Georgia farm winery licensee at retail in a tasting room

or other facility on the premises of the winery for consumption on the premises and in

closed packages for consumption off the premises and to sell its wine at retail and the

wine of any other Georgia farm winery licensee at retail for consumption on the

premises and in closed packages for consumption off the premises in tasting rooms at

five additional locations in the state but only if the annual production of wine by the

farm winery is made in Georgia from at least the following percentages of Georgia

grown agricultural products during the years of production provided below:

(1) First-year production:

Ten percent from

Georgia grown

berries, fruits, or

grapes

(2) Second-year production:

Twenty percent from

Georgia grown

berries, fruits, or

grapes

(3) Third-year production:

Thirty percent from

Georgia grown

berries, fruits, or

grapes

(4) Fourth-year production and

Forty percent from

thereafter:

Georgia grown

berries, fruits, or

grapes

(c)(1) Except as provided in paragraph (2) of this subsection, the commissioner may

authorize any licensee which is a farm winery to sell up to 24,000 gallons per year of

2942

JOURNAL OF THE HOUSE

its wine at wholesale within the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products. (2) The commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsection, unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If such wholesaler does not accept the farm winerys product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply. (d)(1) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk, or in bottles, whether labeled or unlabeled, in accordance with regulations of the commissioner, to other farm winery licensees inside the state and shall be authorized to acquire and receive deliveries and shipments of such wine made by farm winery licensees inside the state. (2) A farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production, provided that the farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (3) Any wine received in bulk pursuant to paragraph (2) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (e) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (f) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (g) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.
3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility, to the same

MONDAY, MARCH 19, 2001

2943

extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special entertainment districts designated by the local governing authority of the county or municipality, as applicable.
3-6-21.3. (a) As used in this Code section, the term:
(1) 'Affiliate' means any person controlling, controlled by, or under common control with the farm winery. (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1, as amended. (b)(1) Notwithstanding any other provisions provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other Georgia farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the "" from a licensed wholesaler at wholesale prices.
3-6-21.4 The Department of Community Affairs and the Department of Transportation shall, with due consideration to the farm wineries in Georgia, collaborate to designate appropriate routes and signage for the Georgia Wine Highway."
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

Y Hudson, S Y Hugley Y Irvin

Mueller Y Orrock E Parham

Y Smith, C Y Smith, C.W Y Smith, L

2944
Y Ashe Y Bannister
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 E Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell N Cash Y Channell Y Childers
Coan Coleman, B Y Coleman, T Y Collins Y Connell Cooper

JOURNAL OF THE HOUSE

Y Davis Y 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 Y Golick Y Graves Y Greene
Hammontree Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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
Lucas N Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
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
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield
Skipper Smith, B

Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil
Stanley Stanley-Turner Stephens 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 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 139, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

MONDAY, MARCH 19, 2001 AFTERNOON SESSION

2945

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 649. By Representatives Martin of the 47th, Porter of the 143rd, McBee of the 88th and Pinholster of the 15th:
A RESOLUTION commending Georgia State University's women's basketball team; and for other purposes.

HR 650. By Representative Walker of the 87th: A RESOLUTION commending Jennifer C. Rausch; and for other purposes.

HR 651. By Representative Barnes of the 97th: A RESOLUTION in memory of Chief James Parker; and for other purposes.

HR 652. By Representatives Lunsford of the 109th, Cash of the 108th and Crawford of the 129th:
A RESOLUTION expressing regret at the passing of Harold Daniel, Sr.; and for other purposes.

HR 653. By Representatives Buckner of the 95th, Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and Jordan of the 96th:
A RESOLUTION commending Clayton County STAR Students and Teachers; and for other purposes.

HR 654. By Representative Parrish of the 144th:
A RESOLUTION expressing regret at the passing of Coach James M. White, Sr.; and for other purposes.

2946

JOURNAL OF THE HOUSE

HR 655. By Representative Parrish of the 144th: A RESOLUTION expressing regret at the passing of Calvin C. McGowan; and for other purposes.
HR 656. By Representative Rogers of the 20th: A RESOLUTION commending the Gainesville High School Girls Basketball Team; and for other purposes.
HR 657. By Representatives Manning of the 32nd, Wix of the 33rd, Johnson of the 35th, Parsons of the 40th, Kaye of the 37th and others: A RESOLUTION commending the Junior-League of Cobb-Marietta, Inc.; and for other purposes.
HR 658. By Representative Rogers of the 20th: A RESOLUTION recognizing and commending the East Hall High School Boys Basketball Team; and for other purposes.
HR 659. By Representative Hudson of the 120th: A RESOLUTION commending the John Hancock Academy girls' basketball team; and for other purposes.
HR 660. By Representative Squires of the 78th: A RESOLUTION commending Deanna Simmons; and for other purposes.
HR 661. By Representative Mills of the 21st: A RESOLUTION commending the West Hall High School Girls Basketball Team; and for other purposes.

MONDAY, MARCH 19, 2001

2947

HR 662. By Representatives Stancil of the 16th and Pinholster of the 15th: A RESOLUTION commending Linda Freeman; and for other purposes.

HR 663. By Representative Greene of the 158th:
A RESOLUTION recognizing and commending Honorable Miles Prince; and for other purposes.

HR 664. By Representative Walker of the 87th: A RESOLUTION commending Charlotte A. Grover; 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 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 Y Buckner Y Bulloch E Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B

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
Franklin Golick Graves Y Greene Y Hammontree Hanner Y Harbin E Harrell Y Heard Y Heckstall Hembree Henson Y Hines Y Holland Holmes

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

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

Smith, C Y Smith, C.W
Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
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
Walker, L Y Walker, R.L
Watson Y West
Westmoreland Wiles Y Wilkinson Y Willard

2948
Y Coleman, T Collins
Y Connell Cooper

JOURNAL OF THE HOUSE

Y Houston Howard
Y Hudgens Y Hudson, N

Y Mills E Mobley
Morris Y Mosley

Sims Sinkfield Y Skipper Smith, B

Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 118, nays 0. The Resolutions were adopted.

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

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 864 Do Pass HB 906 Do Pass HB 923 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 864. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Jackson of the 148th and Pelote of the 149th:
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.

MONDAY, MARCH 19, 2001

2949

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

HB 906. By Representative Harbin of the 113th:
A BILL to amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, so as to clarify the manner by which such salaries are calculated; and for other purposes.

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

HB 923. By Representatives McClinton of the 68th, McKinney of the 51st, Sinkfield of the 57th, Irvin of the 45th, Brooks of the 54th and others:
A BILL to provide for a homestead exemption from all City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled and whose annual household income does not exceed $25,000.00; 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
Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudson, S Y Hugley Y Irvin
Jackson, B Jackson, L Y James

Y Mueller Orrock
E Parham Y Parrish Y Parsons
Pelote

Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

2950
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 E Bunn
Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley
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
Westmoreland Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 121, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Burkhalter of the 41st, Collins of the 29th, Dukes of the 161st 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.

The following Resolution of the House was read and adopted:

HR 665. By Representative Shaw of the 176th:
A RESOLUTION recognizing and commending Rev. Howard Wilson; and for other purposes.

MONDAY, MARCH 19, 2001

2951

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

SB 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.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to 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 Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for a special and distinctive wildflower license plate to promote the conservation of wildflowers within the state and to promote and financially benefit the Roadside Enhancement and Beautification Fund; to provide for the issuance of wildflower motor vehicle license plates; to provide that funds derived from the sale of wildflower motor vehicle license plates shall be transferred to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund; to provide that wildflower motor vehicle license plates may be transferred from one vehicle to another vehicle in accordance with certain provisions of law; to provide procedures; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2952

JOURNAL OF THE HOUSE

SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking in its entirety Code Section 32-6-75.2, relating to the Roadside Enhancement and Beautification Fund, and inserting in lieu thereof a new Code Section 32-6-75.2 to read as follows:
"32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued as may be otherwise provided by law pursuant to Code Section 40-2-49.2, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department 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 the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request."
SECTION 2. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-49.2 to read as follows:
"40-2-49.2. (a) In order to promote and financially benefit the Roadside Enhancement and Beautification Fund established pursuant to Code Section 32-6-75.2, there shall be issued special and distinctive wildflower license plates to promote roadside enhancement and beautification projects and programs. (b) The Department of Transportation shall design special distinctive license plates appropriate to promote conservation of wildflowers within the state. The wildflower motor vehicle license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number,

MONDAY, MARCH 19, 2001

2953

whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. Such design shall provide space in which to indicate the name of the county of issuance. (c) The design of the initial edition of the wildflower motor vehicle license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildflower motor vehicle license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildflower fund license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of wildflower motor vehicle license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual manufacturing cost of the plates, shall be transferred to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund established by Code Section 32-6-75.2 and shall be expended only for the purposes enumerated in Code Section 32-6-75.2. (f) An applicant may request a wildflower motor vehicle license plate any time during the applicants registration period. If a wildflower motor vehicle license plate is to replace a current valid license plate, the department shall issue the wildflower motor vehicle license plate with appropriate decals attached. When an applicant requests a wildflower motor vehicle license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (g) Wildflower motor vehicle license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Wildflower motor vehicle license plates shall be issued within 30 days of application. (g) The commissioner is authorized to establish procedures and promulgate rules and regulations necessary to carry out the provisions of this Code section."
SECTION 3. This Act shall become effective on July 1, 2001.
SECTION 4.

2954

JOURNAL OF THE HOUSE

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

The following amendment was read and adopted:

Representative Hembree of the 98th moves to amend the Committee substitute to SB 97 by inserting "to change the definition of 'authentic historical Georgia license plate'; to change the provisions relating to vehicles which may display such license plates;" following "so as" on line 2 of page 1 and by striking line 24 of page 2 and inserting in its place the following:
"registration and licensing of motor vehicles generally, is amended by striking subsections (a) and (b) Code Section 40-2-41.1, relating to authentic historical Georgia license plates, and inserting in their place the following:
'(a) As used in this Code section, the term "authentic historical Georgia license plate" means a license plate originally issued in the year 1942 1957 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1942 1957 or earlier pursuant to former motor vehicle registration laws of this state. (b) The owner of any antique motor vehicle manufactured in 1942 1957 or earlier and equipped with an engine manufactured in 1942 or earlier or manufactured to the specifications of the original engine shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside of the vehicle.'
SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 40-249.2 to read as follows:".
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

The Committee substitute, as amended, was adopted.

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

MONDAY, MARCH 19, 2001

2955

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

Y Mueller Y Orrock E Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed 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 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 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
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, by substitute, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

2956

JOURNAL OF THE HOUSE

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.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," so as to change the provisions relating to the composition, appointment, and terms of members of the State Water Well Standards Advisory Council; to change the provisions relating to meetings of the council; to repeal certain provisions relating to licenses for water well contractor trainees; to require water well contractors to provide certain information to owners of water wells; to provide that nothing in this Act shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence; 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 change certain provisions concerning licensing; to provide penalties for violations of licensing requirements; 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 change the provisions relating to violations under said part and evidence necessary for convictions under said part; to provide for civil penalties and procedures for imposing penalties; to provide for judicial review; to provide that the Board of Natural Resources is authorized and directed to establish rules and regulations to provide for the certification of persons who install pumps on water wells regulated under the provisions of said Act; to authorize the assessment of fees for such certification; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 19, 2001

2957

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," is amended by striking paragraphs (6), (13), and (32) of Code Section 12-5-122, relating to definitions, and inserting in lieu thereof new paragraphs (6), (13), and (32) to read as follows:
"(6) 'Construction' means all acts necessary to construct a well or borehole for any intended purpose or use, including locating and drilling, but excluding and the installation of pumps and pumping equipment." "(13) 'Driller' means any person who engages in drilling or drilling operations and the installation of pumps and pumping equipment. Driller shall not include a person who only installs pumps and pumping equipment." "(32) 'Water well contractor' means any person engaging in the business of constructing water wells and installing pumps and pumping equipment. Water well contractor shall not include a person who only installs pumps and pumping equipment."
SECTION 2. Said part is further amended by striking subsections (a), (b), and (d) of Code Section 125-123, relating to creation of the State Water Well Standards Advisory Council, and inserting in lieu thereof new subsections (a), (b), and (d) to read as follows:
"(a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following:
(1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry. The member representing the public on July 1, 1985 2001, shall continue to serve in this position from July 1, 1985 2001, to July 1, 1986 June 30, 2002; (2) A member appointed by the commissioner of natural resources. The member appointed by the commissioner of natural resources serving on July 1, 2001, shall continue to serve in this position until June 30, 2002; (3) A member appointed by the Governor representing the farming industry. The member representing the farming industry on July 1, 2001, shall continue to serve in this position until June 30, 2003; (4) Four members representing the water well drilling industry appointed by the Governor who shall be licensed and practicing drillers. The members who are water well drillers serving on July 1, 1985 2001, shall continue to serve in these positions from July 1, 1985, to July 1, 1986 until June 30, 2002, at which time the Governor shall appoint two members to terms ending June 30, 2003; one member to a term ending June 30, 2004; and one member to a term of office ending June 30, 2005. The members serving on such date shall be eligible for reappointment; and (5) A member appointed by the Governor who is a registered professional geologist or registered professional engineer. The member who is a registered professional geologist or registered professional engineer serving on July 1, 2001, shall continue to

2958

JOURNAL OF THE HOUSE

serve in such position until June 30, 2004. (b) Each The successor to each member appointed pursuant to the provisions of subsection (a) of this Code section shall be appointed for a term of three years, and the Governor shall fill any vacancy in the council, except for the member appointed by the commissioner of natural resources, with each successor appointed in the same manner as his predecessor." "(d) The council shall meet at such times and at such designated places as it may determine but shall hold at least two three regular meetings each year. An affirmative vote of a majority of the members present shall be necessary to transact business. Four members shall constitute a quorum."
SECTION 3. Said part is further amended by striking paragraph (5) of Code Section 12-5-124, relating to powers and duties of the State Water Well Standards Advisory Council, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To license water well contractors and water well contractor trainees;"
SECTION 4. Said part is further amended by striking Code Section 12-5-127, relating to licensing of water well contractors generally and application for trainee licenses, and inserting in lieu thereof a new Code Section 12-5-127 to read as follows:
"12-5-127. (a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council. (b) An applicant for a license as a water well contractor shall be required to have two years experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicants knowledge of basic ground water, basic well construction, and the general contents of this part. (c) Satisfactory proof of two years experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years experience constructing water wells. The council may require the applicant and the water well contractors who swear to such affidavits to appear before the council to discuss the applicants qualifications. (d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or full-time employee to fulfill the

MONDAY, MARCH 19, 2001

2959

above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires. (e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state. (f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own. (g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part. (h) Any person desiring to engage in the business of water well construction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicants knowledge of basic ground water and basic well construction. Upon satisfactory completion of at least two years experience under the direct supervision of a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council.
(i)(h)(1) Beginning July 1, 1995, the council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by the division, institutions of higher learning, technical colleges, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or

2960

JOURNAL OF THE HOUSE

standards provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational backgrounds. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) All provisions of this subsection relating to continuing professional education shall be administered by the council. (3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate. (4) This Code section shall apply to each licensing and renewal cycle which begins after the 1993-1994 renewal. (i) No license shall be granted unless the council specifically authorizes the granting of such license. Staff members of the council may not issue licenses without the specific authorization of the council. (j) Any person who violates the provisions of this Code section with regard to licensing shall not be eligible to apply for or receive a license under this Code section for a period of two years after being convicted of such violation."
SECTION 5. Said part is further amended by striking subsection (a) of Code Section 12-5-129, relating to suspension and revocation of licenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well contractor; (5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; and (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135; and (7) Allowing an unlicensed driller to use or to work under such licensees license in any way. However, this paragraph shall not apply to any employee of a licensed driller who receives only a salary or hourly wage or a bona fide business partner."

MONDAY, MARCH 19, 2001

2961

SECTION 6. Said part is further amended by striking Code Section 12-5-130, relating to expiration and renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-5130 to read as follows:
"12-5-130. All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee prescribed by the council division. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council."
SECTION 7. Said part is further amended by adding between Code Sections 12-5-131 and 12-5-132 a new Code Section 12-5-131.1 to read as follows:
"12-5-131.1. (a) Nothing in this part shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence. 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. (b) Notwithstanding any other provisions of law, a person licensed as a water well contractor pursuant to Code Section 12-5-127 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; provided, however, that any such electrical and plumbing work meets or exceeds all applicable local, state, or federal codes, whichever is most stringent."
SECTION 8. Said part is further amended by striking in its entirety Code Section 12-5-133, relating to penalties for violation of said part and confiscation of equipment, and inserting in lieu thereof a new Code Section 12-5-133 to read as follows:
"12-5-133. (a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his or her drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137. (b) On and after January 1, 2003, any person who installs a pump on a water well

2962

JOURNAL OF THE HOUSE

regulated under the provisions of this part without having first secured the required certification issued by the director as provided in Code Section 12-5-138 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. (c) In order to prove a violation of this part, it shall not be necessary for a state or local enforcement official to actually observe a well being drilled by a person who does not possess a valid license as required by this part. Other evidence of a violation of this part, including, but not limited to, bills, invoices, photographs, proposals, or any form of advertising, may be sufficient for a conviction.
SECTION 9. Said part is further amended by adding between Code Section 12-5-133 and 12-5-134 a new Code Section 12-5-133.1 to read as follows:
"12-5-133.1. (a) In addition to the provisions of Code Section 12-5-133, any person violating any provision of this part or the rules or regulations effective under this part shall be liable for a civil penalty not to exceed $5,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part, he or she may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this part or any rule or regulation effective under this part, the hearing officer shall issue his or her decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (2) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with this part or to correct the violation or failure; (4) Any prior violations of or failures by such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the director or the council; (5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and (6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure."

MONDAY, MARCH 19, 2001

2963

SECTION 10. Said part is further amended by striking subparagraph (1)(L) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting in lieu thereof a new subparagraph (1)(L) to read as follows:
"(L) The drilling contractor shall maintain in his office and shall furnish the owner a copy of the well construction data within 30 days of the well completion. The data shall include: name of the owner of the well, location of the well, size of pump installed if pump is installed by the drilling contractor, total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for disinfection, dates of well construction, name and address and state certificate number of pump installer if the contractor does not install the pump, name and address of contractor, and water well contractors license number. Any estimate of gallons per minute of water that the well is expected to produce shall not be considered under any circumstances to be a guarantee of the quantity of the water produced by the well. The failure of any water well contractor to provide any of such written information shall not subject such contractor to any penalty by the council;"
SECTION 11. Said part is further amended by striking subsections (b) and (f) of Code Section 12-5-135, relating to the requirement of a bond or letter of credit, in their entirety and inserting in lieu thereof new subsections (b) and (f) to read as follows:
"(b) The bond or letter of credit required in subsection (a) of this Code section shall be: (1) Conditioned upon faithful compliance with the conditions and terms of this part; and (2) In such amount as determined by the director to ensure compliance with the procedures and standards contained in this part, but in any event not to exceed $50,000.00 $75,000.00."
"(f) If a business has more than one water well contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors within that business. The blanket bond or blanket irrevocable letter of credit shall be payable to the director in an amount not to exceed $50,000.00 $75,000.00."
SECTION 12. Said part is further amended by adding, following Code Section 12-5-137, a new Code Section 12-5-138 to read as follows:
"12-5-138. The Board of Natural Resources is authorized and directed to establish rules and regulations to provide for the certification of persons who install pumps on or in water wells regulated under the provisions of subsection (b) of Code Section 12-5-133. The Board of Natural Resources is authorized to establish fees and the director is authorized

2964

JOURNAL OF THE HOUSE

to charge such fees for such certification and the annual renewal thereof; provided, however, that the fee for the pump installer shall not exceed the fee for the licensed water well contractor. The director may require any person to meet certain qualifications in order to be eligible for certification as a pump installer. The director may provide that persons who can document that they have been in the business of installing pumps and pumping equipment prior to July 1, 2001, may be granted a certification by paying the appropriate fees but without any requirement to pass any type of test."
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives McCall of the 90th, Hudson of the 156th and Royal of the 164th move to amend the Committee substitute to SB 139 as follows:
On page 7 delete section (b) lines 27 through 31.

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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Dix Y Dodson 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
Joyce E Kaye Y Keen Y Knox
Lane Y Lanier

Y Mueller Y Orrock E Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall
Ray Y Reece Y Reed
Reese

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley Y 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 Y Collins Y Connell Y Cooper

MONDAY, MARCH 19, 2001

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 Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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
Sinkfield Y Skipper Y Smith, B

2965
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 Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representatives DeLoach of the 119th 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.

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.

The following Committee substitute was read and withdrawn:

A BILL

2966

JOURNAL OF THE HOUSE

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Any Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony punishable by imprisonment for 20 or more years or life imprisonment and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a misdemeanor shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Stokes of the 92nd, was read and adopted:

A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Any Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony and involving another person shall be guilty of a felony and, upon conviction thereof, shall

MONDAY, MARCH 19, 2001

2967

be punished by imprisonment for not less than one nor more than three years; provided, however, that any person who violates subsection (a) of this Code section involving the prosecution or defense of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a misdemeanor shall be guilty of a misdemeanor."
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 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 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 Cox Y Crawford
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 E Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston

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 E 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 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
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 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

2968
Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Howard Y Hudgens
Hudson, N

E Mobley Y Morris Y Mosley

Sinkfield Y Skipper Y Smith, B

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.

Representatives Birdsong of the 123rd and Cummings of the 27th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 160. By Senators Johnson of the 1st, Bowen of the 13th, Dean of the 31st, Gillis of the 20th and Hooks of the 14th:
A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, so as to change the provisions relating to the use of force in the defense of habitations or residences; 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.

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
Barnard Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown

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 Y Floyd Y Forster Y Franklin

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 E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis

Y Mueller Y Orrock E Parham Y Parrish Y Parsons
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 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 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

MONDAY, MARCH 19, 2001

Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin E 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 Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

2969
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 Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

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

Representative Borders of the 177th 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 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.

The following Committee substitute was read and adopted:

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 duties of clerks of the superior courts; to provide for electronic collection and transmission of certain data and the use of and access to such data; to provide for the transmission of certain data to the Superior Court Clerks Cooperative Authority and the

2970

JOURNAL OF THE HOUSE

retransmission of such data to the Georgia Crime Information Center; to authorize the maintenance of records in digital format; to define certain terms; to provide that a clerk of a superior court electing to store records in digital format shall maintain back-up records or shall send copies of such digitally formatted records to the Georgia Department of Archives and History; to provide procedures for such transmittal; to provide for microfilming of certain records; to provide for furnishing of microfilm records and the costs and purchase thereof; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended in Code Section 15-6-61, relating to duties of clerks generally, by designating the language of paragraph (17) of subsection (a) as subparagraph (A) and adding a new subparagraph (B) to read as follows:
"(B) To electronically collect and transmit to the Georgia Superior Court Clerks Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks Cooperative Authority and the Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1, 2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerks duties under subsection (g) of Code Section 35-3-36. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority;"
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-6-62, relating to additional duties of clerks of the superior courts, and inserting in lieu thereof the following:
"(a) The clerk of the superior court is required to record in well-bound books or on microfilm, within six months after the final determination of any civil action or criminal case, all the proceedings relating thereto. In the event that any clerk elects to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters. The clerk of the superior court is required to record all the proceedings relating to any civil action or criminal case within six months after the final determination of the case. Such recording may be in well-bound books, on microfilm, or in digital format. If a clerk elects to record proceedings on microfilm or in digital format, he or she shall make available to the public a machine for reading and reproducing such microfilmed or digitally formatted records. If a clerk elects to record proceedings in digital format, the provisions of Code Section 15-6-62.1 shall apply."

MONDAY, MARCH 19, 2001

2971

SECTION 3. Said article is further amended by inserting immediately following Code Section 15-6-62 a new Code section to read as follows:
"15-6-62.1. (a) As used in this Code section, the term:
(1) 'Back-up record' means a paper or microfilm copy of any record of the proceedings relating to any civil action or criminal case which a clerk of superior court is required to make pursuant to Code Section 15-6-62. (2) 'Council' means the Council of Superior Court Clerks created by Code Section 15-6-50.2. (3) 'Department' means the Georgia Department of Archives and History. (b) Except as provided in subsection (d) of this Code section, a clerk of a superior court electing to record proceedings in digital format as provided in subsection (a) of Code Section 15-6-62 shall maintain back-up records and must do so in at least one of two ways: either by the clerk permanently retaining the back-up records himself or herself or by submitting the digitally formatted records to and having them permanently archived by the department as set forth in subsection (c) of this Code section. (c) If a clerk of a superior court elects to submit the digitally formatted records to and have them permanently archived by the department pursuant to subsection (b) of this Code section, the clerk shall submit such records at least once every six months and in a format acceptable to the department and the council. Upon receipt, the department shall convert the digitally formatted records to microfilm and shall permanently maintain them in that format. If requested by the clerk of a superior court, the department shall make a copy of these microfilm records available for purchase by the clerk at a fee not to exceed the cost of producing the copies. (d) If at any time the department certifies to the council that the department is not capable of creating the microfilm records from the digitally formatted records and permanently maintaining them as set forth in this Code section, then a clerk of superior court shall permanently maintain the back-up records himself or herself and shall continue to do so until the department certifies that it is capable of creating and permanently maintaining them."
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 Cox Y Crawford Y Cummings

Y Hudson, S Hugley
Y Irvin

Y Mueller Y Orrock E Parham

Y Smith, C Y Smith, C.W Y Smith, L

2972
Y Ashe Y Bannister Y Barnard
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 N Callaway Y 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 Davis Y Day
Dean Y Deloach, B Y Deloach, G
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
Hanner Y Harbin E 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 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
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 E 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 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 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 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.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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

MONDAY, MARCH 19, 2001

2973

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 Senate substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to 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 identification of students at risk of not reaching or maintaining academic grade level at the beginning of each school year and during the school year; to provide for assignment of such students to early intervention as soon as practicable; to provide for 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 change the method of accounting for funds earned for counselors and technology specialists; to provide for certain funding for specialists qualified to teach foreign language; 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 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 and use certain prototypical designs which incorporate elements creating a quality learning environment; 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

2974

JOURNAL OF THE HOUSE

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 low-wealth 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, accelerated, differentiated, or additional instruction, and procedures for students receiving special education services; to provide for additional policies by local boards of education relative to accelerated, differentiated, or additional 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 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 schedules and remedial education 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 change a provision relating to PROMISE II teachers scholarships; 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. (a) The State Board of Education shall create and each local board of education shall provide an early intervention a special instructional assistance program to serve students in kindergarten through grade five. 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 upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve to assist students who with identified developmental deficiencies which are likely to at risk of not reaching or result in

MONDAY, MARCH 19, 2001

2975

problems in maintaining a academic grade level of performance consistent with expectations for their respective ages., including but not limited to students who are identified through the first grade readiness assessment required by Code Section 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 202-181 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment or the criterionreferenced assessment are known. 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. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. 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. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall 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. 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

2976

JOURNAL OF THE HOUSE

schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the 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 20-2-160."
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

MONDAY, MARCH 19, 2001

2977

(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 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

2978

JOURNAL OF THE HOUSE

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 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

MONDAY, MARCH 19, 2001

2979

weight and 1 to 17 ratio

(4) Primary grades early intervention program (1-3) . . . . . . . . . . . . . . . . 1.7556 1.7617 weight and 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- 1.1196 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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:

2980

JOURNAL OF THE HOUSE

Category I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3272 2.3409 weight and 1 to 8 ratio

(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

MONDAY, MARCH 19, 2001

2981

ratio

(17)(18) Alternative education program. . . . . . . . . . . . . . . . . . . . . . . . . .

1.5613 1.5683 weight and 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 paragraph (1) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, budget and accounting system, and submission of local budget to the state board, and inserting in lieu thereof the following:
"(a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state-earned state earned benefits or comparable state-earned state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or

2982

JOURNAL OF THE HOUSE

rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2161 which are not expended for direct instructional costs must be returned to the state treasury."
SECTION 7. 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 8. 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

MONDAY, MARCH 19, 2001

2983

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 pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (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.

2984

JOURNAL OF THE HOUSE

(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. (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

MONDAY, MARCH 19, 2001

2985

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 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 9. 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 10. 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

2986

JOURNAL OF THE HOUSE

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; (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 11. 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 12. 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.

MONDAY, MARCH 19, 2001

2987

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:
(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 13. 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

2988

JOURNAL OF THE HOUSE

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. (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.

MONDAY, MARCH 19, 2001

2989

(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state 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

2990

JOURNAL OF THE HOUSE

provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; 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

MONDAY, MARCH 19, 2001

2991

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; (3) To provide construction projects for new additions to existing educational

2992

JOURNAL OF THE HOUSE

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; (8) To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions; and (9) To provide construction projects that use prototypical designs approved by the Georgia State Financing and Investment Commission, including designs which incorporate elements that create a quality learning environment.

MONDAY, MARCH 19, 2001

2993

(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 which shall be requested under subsection (j) of this Code section, which has been

2994

JOURNAL OF THE HOUSE

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. (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

MONDAY, MARCH 19, 2001

2995

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 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

2996

JOURNAL OF THE HOUSE

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 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

MONDAY, MARCH 19, 2001

2997

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 14. 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 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

2998

JOURNAL OF THE HOUSE

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; 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 15. Said chapter is further amended by inserting in Part 12 of Article 6, relating to

MONDAY, MARCH 19, 2001

2999

effectiveness of educational programs, new Code Sections to be designated Code Sections 20-2-282, 20-2-283, 20-2-284, 20-2-285, and 20-2-286 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 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

3000

JOURNAL OF THE HOUSE

occur: (A) The parent or guardian of the student shall be notified in writing by regular 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, differentiated, 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; (B) 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; and (C) The student shall be given an opportunity for accelerated, differentiated, or additional instruction in the applicable subject; 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 regular 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 regular 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 that if promoted and given accelerated, differentiated, 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, differentiated, 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

MONDAY, MARCH 19, 2001

3001

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 shall serve as the promotion/retention committee; 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, differentiated, or additional 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.
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.
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

3002

JOURNAL OF THE HOUSE

(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 data 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 a--risk student achievement; (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

MONDAY, MARCH 19, 2001

3003

(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."
SECTION 16. 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; provided that, in making such a determination the team shall

3004

JOURNAL OF THE HOUSE

consider the students performance on the criterion-referenced assessments authorized in Code Section 20-2-181;. 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 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 17. 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 18. 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:

MONDAY, MARCH 19, 2001

3005

"(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 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. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 19. 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 subject to appropriation by the General Assembly."
SECTION 20. Subsections (h) and (j) of Code Section 20-2-260, as set out in or amended by Section 13 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 20.1. Said chapter is further amended by striking paragraph (3) of Code Section 20-2-2062, relating to definitions applicable to charter schools, and inserting the following:
"(3) 'Charter school' means a public school that is operating under the terms of a charter granted by the state board."
SECTION 21. 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

3006

JOURNAL OF THE HOUSE

becoming law without such approval and shall be automatically repealed on June 30, 2009."
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House disagree to the Senate substitute to HB 656.
The motion prevailed.

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 Senate amendment was read:

Amend HB 87 by deleting line 21 and 22 and inserting:
"This act shall become effective ten days after its approval by the Governor or upon its becoming law without such approval."

The following amendment was read and adopted:

Representatives Irvin of the 45th and Watson of the 70th move to amend the Senate amendment to HB 87 by striking lines 1 through 7 of page 1 and inserting in its place the following:
"by adding immediately following the first semicolon on line 3 of page 1 the following: 'to provide for an exception;'.
By adding immediately preceding the period on line 19 of page 1 the following:
'; provided, however, that the authority provided under this Code section shall not affect or in any way apply to any contract under Code Section 48-13-51 regarding the

MONDAY, MARCH 19, 2001

3007

expenditure of proceeds collected under Article 3 of Chapter 13 of Title 48 unless that contract is executed by the governing body of a county in which is imposed, prior to January 1, 2001, the homestead option sales and use tax authorized under Code Section 48-8-102'".

Representative Irvin of the 45th moved that the House agree to the Senate amendment, as amended by the House, to HB 87.

On the motion, 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 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 E Harrell Y Heard Y Heckstall
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 E 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 E Mobley Y Morris Y Mosley

Y Mueller Y Orrock E 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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil Y 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
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 162, nays 0. The motion prevailed.

3008

JOURNAL OF THE HOUSE

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 following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding deductions for payments to minority subcontractors; to provide for certain tax credits with respect to certain qualified business expansion; to provide an income tax credit for certain employers who provide certain transportation benefits to employees; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by striking Code Section 48-7-38, relating to deductions for payments to minority subcontractors, and inserting in its place a new Code Section 48-7-38 to read as follows:
"48-7-38. (a) As used in this Code section, the term:
(1) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state.:
(A) Black; (B) Hispanic; (C) Asian-Pacific American; (D) Native American; or (E) Asian-Indian American. (2) 'Minority subcontractor' means any business which is owned by: (A) An individual who is a member of a minority who reports as his or her personal income for Georgia income tax purposes the income of such business;

MONDAY, MARCH 19, 2001

3009

(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (3) 'State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing. (b) In computing Georgia taxable net income of a corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if: (1) The payment is for goods, personal property, or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer; (2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and (3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section. (c) The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year. (d) The commissioner of administrative services shall certify individuals, partnerships, and corporations which are within the definition of the term 'minority subcontractor' specified in subsection (a) of this Code section. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcontractors and shall make such list available to the department and to the general public. (e) Any individual, partnership, or corporation certified pursuant to subsection (d) of this Code section and any small business concern which is at least 51 percent owned by one or more minorities, or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock of which is owned by one or more minorities, whose management and daily business operations are controlled by one or more minorities, and which is authorized to do and is doing business under the laws of this state paying all taxes duly assessed and domiciled within this state shall be eligible for certification as a minority business enterprise under Code Section 50-5-132; and, for purposes of such certification pursuant to this subsection, 'minority' shall be defined as a member of

3010

JOURNAL OF THE HOUSE

a minority. Such certification shall be subject to the provisions of Code Section 50-5133."
SECTION 2. Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.20, to be designated Code Section 48-7-40.21, to read as follows:
"48-7-40.21. (a) As used in this Code section, the term:
(1) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year. (b) An existing business enterprise undergoing a qualified business expansion shall be eligible to make application to the commissioner to take tax credits established by Code Section 48-7-40 against such taxpayers quarterly or monthly payment under Code Section 48-7-103 subject to the following limitations: (1) Such application may be made only where the amount of such credit exceeds 50 percent of an existing business enterprises liability for taxes imposed under this article in a taxable year. In such cases where the existing business enterprise has claimed and not used credits established by Code Section 48-7-40 prior to the effective date of this Code section and such credits have been carried forward pursuant to subsection (h) of Code Section 48-7-40, the taxpayer may also include in the application a request to take such credits against such taxpayers quarterly or monthly payment under Code Section 48-7-103; (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the expansion will have a beneficial economic effect on the region for which it is planned; (3) The credit shall apply to not more than five taxable years; (4) Credit shall not be allowed during a year if the net employment increase falls below the 500 new full-time jobs required; and (5) No credit in excess of $5 million may be claimed pursuant to the terms of this Code section. (c) Notwithstanding any other provision of law to the contrary, any credit claimed pursuant to this Code section shall be subject to recapture if the minimum job requirement is not met. (d) Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of

MONDAY, MARCH 19, 2001

3011

the credit provided for in this Code section. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this Code section shall not constitute income to the taxpayer."

SECTION 3.

Said article is further amended by adding a new Code section immediately following new

Code Section 48-7-40.21, to be designated Code Section 48-7-40.22, to read as follows:

"48-7-40.22.

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

(1) 'Business enterprise' means any business or the headquarters of any such business

which is engaged in manufacturing, warehousing and distribution, processing,

telecommunications, tourism, research and development industries, child care

businesses, or retail businesses.

(2) 'Headquarters' means the principal central administration office of a taxpayer.

(3) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended.

(b) A business enterprise which is located in a tier 1 or tier 2 county which purchases

or leases a new motor vehicle which is used for the exclusive purpose of providing

transportation for its employees shall be allowed a credit for taxes imposed under this

article as follows:

Tier

Credit amount per vehicle

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000.00

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,000.00

(c) In order to qualify for the tax credit under this Code section, a business enterprise must certify that each vehicle for which a credit is claimed carries an average daily ridership of not less than four employees. (d) In no event shall the aggregate amount of the tax credit provided by this Code section exceed the income tax liability of the business enterprise. Any unused tax credit shall be allowed to be carried forward to apply to the succeeding years tax liability of such business enterprise. No such credit shall be allowed the business enterprise against prior years tax liability. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years ending on or after January 1, 2001. (b) Section 3 of this Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after January 1, 2002.
SECTION 5.

3012

JOURNAL OF THE HOUSE

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

The following amendment was read:

Representatives Joyce of the 1st, Ehrhart of the 36th and Westmoreland of the 104th move to amend the Senate substitute to HB 607 as follows:
Page 1, insert after line 23,
"Provided that any group listed above comprises less than 50 percent of the total population of the state."

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

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G
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 E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E 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 E Mobley

Y Mueller N Orrock E Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag
Porter Y 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 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 Y Teague N Teper N 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

N Connell Y Cooper

MONDAY, MARCH 19, 2001

Y Hudgens N Hudson, N

N Morris N Mosley

N Skipper Y Smith, B

3013
Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 74, nays 93. The amendment was lost.

Representative Smyre of the 136th moved that the House agree to the Senate substitute to HB 607.

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
Birdsong Y Black Y Boggs N 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 N 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 N Day Y Dean Y Deloach, B N Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd N Forster N Franklin Y Golick N Graves Y Greene Y Hammontree Y Hanner N Harbin E 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 N Joyce E Kaye N 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 Y McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

N Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan
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 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 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 N Yates
Murphy, Speaker

On the motion, the ayes were 137, nays 29.

3014

JOURNAL OF THE HOUSE

The motion prevailed.

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 following Senate substitute was read:

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.
WHEREAS, on July 27, 2000, the State of Georgia lost one of its finest and most distinguished citizens with the untimely passing of J. Donald Kilgore; and
WHEREAS, he was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the welfare and safety of the citizens of this state; and
WHEREAS, this beloved individual exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties throughout his career of public service as coroner of Muscogee County for over 23 years; and
WHEREAS, he was a member of Wynnbrook Baptist Church; a member of Masonic Lodge No. 706; past president of Columbus Sertoma Club; life member of Sertoma International; vice president of Mental Health Board; campaign director of March of Dimes; chairman and campaign director of Heart Fund; secretary of Medical Center Board of Commissioners; member of Columbus Chamber of Commerce; winner of the Jaycee Key Man Award; vice president of the Columbus Jaycees; member of the City Tax Board from 1968-1970; chairman of Tax Appeals Board in 1971; head linesman for the Columbus Football Officials Association; and founder and charter member of the Columbus Civic Club; and
WHEREAS, his unparalleled organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his acute sensitivity to the needs of

MONDAY, MARCH 19, 2001

3015

the citizens of his community and state earned him the respect and admiration of his colleagues and associates; and
WHEREAS, the untimely passing of this generous, kind, and devoted family man leaves an unfillable void in the hearts and lives of his family and friends.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body express their deepest regret at the passing of J. Donald Kilgore and extend to his family their sincere appreciation for his outstanding public service.
BE IT FURTHER RESOLVED that the Georgia Bureau of Investigation is authorized and directed to designate the state crime lab of the Division of Forensic Sciences of the Georgia Bureau of Investigation as the J. Donald Kilgore State Crime Lab and to erect and maintain an appropriate marker at the building for such purpose.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of J. Donald Kilgore.

Representative Buck of the 135th moved that the House agree to the Senate substitute to HR 9.

On the motion, 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
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 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 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 Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote
Pinholster Y 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

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

3016
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

JOURNAL OF THE HOUSE

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

E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills E 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

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 motion, the ayes were 159, nays 0. The motion prevailed.

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 "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 Senate substitute was read:

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

MONDAY, MARCH 19, 2001

3017

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 that nothing contained in this Act shall be construed to require the state survey agency to act in violation of applicable federal law, regulations, and guidelines; 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 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. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3018

JOURNAL OF THE HOUSE

Representative Randall of the 127th moved that the House agree to the Senate substitute to HB 264.

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 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
Hanner Y Harbin E 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 Y Joyce E 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 E Mobley Y Morris Y Mosley

Y Mueller Y Orrock E 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
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 motion, the ayes were 169, nays 0. The motion prevailed.

HB 263. By Representatives Randall of the 127th, McClinton of the 68th, Jenkins of the 110th and Childers of the 13th:

MONDAY, MARCH 19, 2001

3019

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 following Senate substitute was read:

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; to provide that a nursing home shall not employ a person with an unsatisfactory determination; to provide that a nursing home that hires an applicant for employment with a criminal record shall be subject to civil penalties; to provide for the amount of civil penalties and conditions for the assessment of such penalties; to amend Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue order not to resuscitate, so as to provide that certain persons may issue such orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, is amended by striking in its entirety Code Section 31-7-350, relating to definitions applicable under said article, and inserting in lieu thereof a new Code Section 31-7-350 to read as follows:
"31-7-350. As used in this article, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of an offense which constitutes a felony with respect to the following:
(A) A a violation of Code Section 16-5-21, relating to aggravated assault; (B) A a violation of Code Section 16-5-24, relating to aggravated battery; (C) A a violation of Code Section 16-6-1, relating to rape; (D) A a felony violation of Code Section 16-8-2, relating to theft by taking;

3020

JOURNAL OF THE HOUSE

(E) A a felony violation of Code Section 16-8-3, relating to theft by deception; (F) A a felony violation of Code Section 16-8-4, relating to theft by conversion; (G) A a violation of Code Section 16-5-1, relating to murder and felony murder; (H) A a violation of Code Section 16-4-1, involving attempted murder, relating to criminal attempt as it concerns attempted murder; (I) A a violation of Code Section 16-8-40, relating to robbery; (J) A a violation of Code Section 16-8-41, relating to armed robbery; (K) A violation of Code Section 16-9-1, relating to forgery in the first degree; a violation of Code Section 16-9-2, relating to forgery in the second degree; (L) A a felony violation of Chapter 13 of Title 16, relating to controlled substances; or (M) Any any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (3) 'Criminal record' means any of the following which have reached final disposition within ten years of the date the criminal record check is conducted: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Employment applicant' means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to July 1, 1995. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'Nursing home' or 'home' means a home required to be licensed or permitted as a nursing home under the provisions of this chapter. (7) 'Satisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record. (8) 'Unsatisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record."
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 31-7-351, relating to request for criminal record check with respect to an applicant for employment in a nursing home, and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, MARCH 19, 2001

3021

"(a) Prior to hiring an employment applicant, each nursing home shall request a criminal record check from GCIC to determine whether the applicant has a criminal record. A nursing home shall make a written determination for each applicant for whom a criminal record check is performed. No nursing home will be precluded from employing any person with a criminal record. A nursing home shall not employ a person with an unsatisfactory determination."
SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 31-7-353 to read as follows:
"31-7-353. A nursing home that hires an applicant for employment with a criminal record shall be liable for a civil monetary penalty in the amount of the lesser of $2500.00 or $500.00 for each day that a violation of subsection (a) of Code Section 31-7-351 occurs. The daily civil monetary penalty shall be imposed only from the time the nursing home administrator knew or should have known that the nursing home has in its employ an individual with a criminal record and until the date such individual is terminated."
SECTION 3A. Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue order not to resuscitate, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patients chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, staff member of an assisted living facility or a personal care home, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 127th moved that the House disagree to the Senate substitute to HB 263.
The motion prevailed.

3022

JOURNAL OF THE HOUSE

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 Senate substitute was read:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by striking Code Section 31-7-75.2, relating to an exemption from open records and open meetings requirements, and inserting in its place a new Code section to read as follows:
"31-7-75.2. Notwithstanding any other provision of law to the contrary, no Georgia nonprofit corporation in its operation of a hospital or other medical facility for the benefit of a governmental entity in this state and no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the corporation or authority or its medical facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the governing board of such corporation or hospital authority governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50."
SECTION 2. No hospital shall release for public use any autopsy photographs or images without the written permission of the family.

MONDAY, MARCH 19, 2001

3023

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.

Representative Connell of the 115th moved that the House disagree to the Senate substitute to HB 158.

Representative Westmoreland of the 104th moved that the House agree to the Senate substitute to HB 158.

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

N Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Bell Y Birdsong Y Black Y Boggs Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y Buck N 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 N Connell Y Cooper

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

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

Y Mueller N Orrock E Parham
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 N Reichert Y Rice Y Richardson Y Roberts, D Y 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
Smyre Y Snelling N Snow N Squires N Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor Y Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L
Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

3024

JOURNAL OF THE HOUSE

On the motion, the ayes were 111, nays 50.
The motion prevailed.
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.
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 Senate substitute was read:
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 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

MONDAY, MARCH 19, 2001

3025

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 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

3026

JOURNAL OF THE HOUSE

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. (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.

MONDAY, MARCH 19, 2001

3027

(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 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

3028

JOURNAL OF THE HOUSE

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, 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

MONDAY, MARCH 19, 2001

3029

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 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;

3030

JOURNAL OF THE HOUSE

(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 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

MONDAY, MARCH 19, 2001

3031

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 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:

3032

JOURNAL OF THE HOUSE

(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 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

MONDAY, MARCH 19, 2001

3033

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 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

3034

JOURNAL OF THE HOUSE

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 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

MONDAY, MARCH 19, 2001

3035

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 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

3036

JOURNAL OF THE HOUSE

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
(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

MONDAY, MARCH 19, 2001

3037

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 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.

3038

JOURNAL OF THE HOUSE

(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 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

MONDAY, MARCH 19, 2001

3039

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; (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

3040

JOURNAL OF THE HOUSE

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 $50,000.00, 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 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 32-

MONDAY, MARCH 19, 2001

3041

4-71, 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 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

3042

JOURNAL OF THE HOUSE

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 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."

MONDAY, MARCH 19, 2001

3043

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 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

3044

JOURNAL OF THE HOUSE

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.
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

MONDAY, MARCH 19, 2001

3045

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. (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;

3046

JOURNAL OF THE HOUSE

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, 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.

MONDAY, MARCH 19, 2001

3047

If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action. (f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor. (g) No public works construction contract with a governing authority shall be valid for any purpose unless the contractor shall comply with all bonding requirements of this chapter. No such contract shall be valid if any governmental entity lets out any public works construction contract subject to the requirements of this chapter without complying with the requirements of this chapter.
36-91-22. (a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter. (b) Any governmental entity having a correctional institution shall have the power and authority to purchase material for and use inmate labor in performing public works construction projects; and in such cases, this chapter shall not apply. Any governmental entity may contract with a governmental entity having a correctional institution for the use of inmate labor from such institution and use the inmates in the performance of any public works construction project; and in such cases, this chapter shall not apply. (c) In the event that the labor used or to be used in a public works construction project is furnished at no expense by the state or federal government or any agency thereof, the governing authority shall have the power and authority to purchase material for such public works construction project and use the labor furnished free to the governmental entity; and in such case, this chapter shall not apply. (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

3048

JOURNAL OF THE HOUSE

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:
(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,

MONDAY, MARCH 19, 2001

3049

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; 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

3050

JOURNAL OF THE HOUSE

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. (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;

MONDAY, MARCH 19, 2001

3051

(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 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

3052

JOURNAL OF THE HOUSE

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
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;

MONDAY, MARCH 19, 2001

3053

(2) The name and location of the public work being constructed or a general description of the improvement; (3) The name and address of the governmental entity that is contracting for the public works construction; (4) The name and address of the surety for the performance and payment bonds, if any; and (5) The name and address of the holder of the security deposit provided, if any. (b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) of subsection (a) of Code Section 36-91-73 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

3054

JOURNAL OF THE HOUSE

which the sheriffs of this state are authorized by law to serve summons or process; and (2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-72 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

MONDAY, MARCH 19, 2001

3055

from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto."
SECTION 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.

Representative Shanahan of the 10th moved that the House agree to the Senate substitute to HB 513.

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 Cox 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 Hudson, S Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce E Kaye
Keen Y Knox Y Lane

Y Mueller Y Orrock E 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 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

3056
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

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin E 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 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 E Mobley Y Morris Y Mosley

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 Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
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 motion, the ayes were 160, nays 0. The motion prevailed.

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 Senate 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 display requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 19, 2001

3057

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 vehicle owned and or leased by a county, municipality, or public housing authority expressly excepted from the provisions of this Code section by ordinance or resolution adopted by the authority governing authority of a county, municipality, or public housing authority following a public hearing on the subject held no more than 14 days prior to the adoption of the resolution or ordinance. 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."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Shanahan of the 10th moved that the House agree to the Senate substitute to HB 400.

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

Y Allen N Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford N Cummings N Davis N Day

Y Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L

N Mueller Y Orrock E Parham
Parrish Y Parsons

Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T

3058
Y Barnard Y Barnes Y Bell
Birdsong Y Black N Boggs N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash
Channell Y Childers N Coan Y Coleman, B
Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

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

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

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 Y Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

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 Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L N Walker, R.L
Watson Y West Y Westmoreland N Wiles Y Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 111, nays 47. The motion prevailed.

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 following Senate substitute was read:

A BILL

MONDAY, MARCH 19, 2001

3059

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; to provide for compliance; to provide for the confidentiality of certain information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by designating the existing material in that Code section as subsection (a) and adding immediately thereafter new subsections (b) and (c) to read as follows:
"(b)(1) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash said subpoena. (2) The court shall order a hearing on the motion to quash within 5 days of the filing of the motion to quash, which hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety or any person or persons; or disclosure of the existence of confidential surveillance, investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order: (1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3060

JOURNAL OF THE HOUSE

Representative Sinkfield of the 57th moved that the House agree to the Senate substitute to HB 686.

On the motion, 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
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
Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G
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
Hammontree Hanner Y Harbin E 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 Y Irvin N Jackson, B Y Jackson, L
James Y Jamieson E Jenkins Y Jennings Y Johnson Y Jordan N Joyce E 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 N Massey Y McBee Y McCall
McClinton Y McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

N Mueller Y Orrock E 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 Y Rogers Y Royal Y Sailor N Sanders
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 N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N 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 Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson Y Willard
Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 125, nays 36. The motion prevailed.

Representative Walker of the 141st assumed the chair.

MONDAY, MARCH 19, 2001

3061

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.

The following Senate amendment was read:

Amend HB 565 by adding at the end of line 13 on page 1 the following:
"Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45.".

Representative Burkhalter of the 41st moved that the House agree to the Senate amendment to HB 565.

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 Y Burkhalter Y Burmeister Y Byrd Y Callaway

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 Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E 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 Mueller Y Orrock E 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

3062
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 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
McClinton Y McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

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 167, nays 1. The motion prevailed.

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 Senate substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b) (1) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code

MONDAY, MARCH 19, 2001

3063

Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger restraining system is installed and being used in accordance with the manufacturers directions for such system. However, if the child is three or four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply when immediate or emergency attention is required for the childs personal needs when the childs parent or guardian obtains a physicians written statement that a physical or medical condition of the child prevents placing or restraining him or her in any such child passenger restraining system."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 248.

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 Y Burkhalter Y Burmeister Y Byrd N 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 N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall

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

N Mueller Y Orrock E 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 Y Sailor N 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 Y Turnquest Y Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson

3064
Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins
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 Y McCall
McClinton Y McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

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

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

On the motion, the ayes were 153, nays 13. The motion prevailed.

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 following Senate amendment was read:

Amend HB 723 by adding after the period on line 14 the following:
The commission is prohibited from paying or compensating any member of the General Assembly, directly or indirectly, any amount in excess of expenses.

Representative Stallings of the 100th moved that the House agree to the Senate amendment to HB 723.

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 Cox Y Crawford Y Cummings Y Davis Y 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 E 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

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

MONDAY, MARCH 19, 2001

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 E 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 E 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
McClinton McKinney Y Millar Y Mills E 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
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3065
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
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 165, nays 0. The motion prevailed.

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 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 following Senate amendments were read:

3066

JOURNAL OF THE HOUSE

Senate Amendment #1
Amend HB 470 by adding after the semicolon on line 8 of page 1 the following:
"to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide for the inclusion in such plan of employees and dependents of critical access hospitals and the conditions relating thereto;".
By adding after line 33 of page 3 the following:
"SECTION 6.1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by adding after Code Section 4518-7.6 a new Code section to read as follows:
'45-18-7.7. The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan.'"

Senate Amendment #2 Amend HB 470 by striking "33-24-57.1" and inserting "33-24-59.5" on line 2 of page 5.

Representative Channell of the 111th moved that the House agree to the Senate amendments to HB 470.

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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James

Y Mueller Y Orrock E 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
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
Connell Y Cooper

MONDAY, MARCH 19, 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 Y Hanner
Harbin E 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 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 Y Lucas
Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

3067
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 Y Yates
Murphy, Speaker

On the motion, the ayes were 164, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

3068

JOURNAL OF THE HOUSE

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 make the State Financing and Investment Commission responsible for the proper application of an appropriation for capital outlay and for the proper disbursement of an appropriation to it for public school capital outlay; to make the commission and the State Board of Education concurrently responsible for the proper application of an appropriation to the commission for public school capital outlay; to provide for grant administration services for state agencies and instrumentalities by the construction division of the commission; to provide for construction related and grant administration services for local governments, their instrumentalities, and other political subdivisions by the construction division of the commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, is amended in Code Section 50-17-22, relating to the State Financing and Investment Commission, by striking subsection (a) and paragraph (2) of subsection (b) and inserting in lieu thereof the following:
"(a) Responsibilities. Subject to the limitations contained in this article, the commission shall be responsible for the issuance of all public debt incurred hereunder, for the proper application of the proceeds of such debt to the purposes for which it is incurred, for the proper application of an appropriation to the commission for capital outlay to the purpose for which it is appropriated, and for the application and administration of this article; provided, however, that the proceeds of guaranteed revenue obligations shall be paid to the issuer thereof, and such proceeds and the application thereof shall be the responsibility of the issuer. The commission shall also be responsible for the proper disbursement of an appropriation to it for public school capital outlay, and the commission and the State Board of Education will be concurrently responsible for its proper application. The commission shall be responsible for the issuance of guaranteed revenue debt, except that bonds themselves evidencing such debt shall be in the name of the instrumentality of this state issuing the same and shall be issued and executed in accordance with the laws relative to such instrumentality and the applicable provisions of this article."
"(2) There shall be a construction division of the commission administered by a director who shall not be a member of the commission and who shall also serve as the executive secretary for the commission. The director and the staff of the construction division shall be appointed by and serve at the pleasure of the commission, shall provide administrative support for all personnel of the commission, and shall account for and keep all records pertaining to the operation and administration of the commission and its staff. The director, as executive secretary, shall prepare agenda and keep minutes of all meetings of the commission. In construction and construction

MONDAY, MARCH 19, 2001

3069

related matters, the construction division shall act in accordance with the policies, resolutions, and directives of the Georgia Education Authority (Schools) and the Georgia Education Authority (University) until such time as such policies, resolutions, or directives are changed or modified by the commission. In carrying out its responsibilities in connection with the application of any funds under its control, including the proceeds of any debt or any appropriation made directly to it for construction purposes, the commission is specifically authorized to acquire and construct projects for the benefit of any department or agency of the state or to contract with any such department or agency for the acquisition or construction of projects under policies, standards, and operating procedures to be established by the commission; provided, however, that the commission shall contract with the Department of Transportation or the Georgia Highway Authority or the State Tollway Authority or any combination of the foregoing for the supervision of and contracting for design, planning, building, rebuilding, constructing, reconstructing, surfacing, resurfacing, laying out, grading, repairing, improving, widening, straightening, operating, owning, maintaining, leasing, and managing any public roads and bridges for which general obligation debt has been authorized. The construction division also shall perform such construction related services and grant administration services for state agencies and instrumentalities and for local governments, instrumentalities of local governments, and other political subdivisions as may be assigned to the commission or to the construction division by executive order of the Governor."
SECTION 2. Said chapter is further amended in Code Section 50-17-27, relating to the application and investment of public debt proceeds, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment

3070

JOURNAL OF THE HOUSE

trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission. However, in order to provide for contingencies, efficiency, and flexibility, the commission may agree by contract or grant agreement with county and independent school systems that income earned during grant administration on a direct appropriation of state funds to the commission for public school capital outlay will be applied to the capital outlay purposes of the appropriation. Otherwise, the interest on direct appropriations to the commission shall be deposited into the treasury."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House agree to the Senate substitute to HB 695.

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
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 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 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 E 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 Mueller Y Orrock E 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 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
Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L

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

MONDAY, MARCH 19, 2001

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
McCall McClinton Y McKinney Y Millar Y Mills E 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

3071
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 164, nays 0. The motion prevailed.

By unanimous consent, the following Resolution of the Senate was recommitted to the Committee on Rules:

SR 134. By Senators Walker of the 22nd, Dean of the 31st, Gillis of the 20th, Hooks of the 14th, Harbison of the 15th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 Senate substitute was read:

3072

JOURNAL OF THE HOUSE

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 and use of the revenue shortfall reserve; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to not less than 3 nor more than 4 5 percent, as directed by the director of the budget, of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This reserve shall be entitled the revenue shortfall reserve and shall be in lieu of the working reserve for high-income and lowincome periods; provided, however, that the director of the budget may, with regard to all or any part of the fourth and fifth percentile so reserved, direct the return of the same to the general fund of the state treasury for appropriation according to law."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House agree to the Senate substitute to HB 601.

On the motion, 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 Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson

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

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote N 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
Smyre N Snelling Y Snow Y Squires

Y Boggs Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch 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
Connell Y Cooper

MONDAY, MARCH 19, 2001

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

Y Jordan N Joyce E 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
Massey Y McBee Y McCall
McClinton Y McKinney N Millar Y Mills E Mobley Y Morris Y Mosley

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

3073
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 Y Unterman
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 motion, the ayes were 135, nays 23. The motion prevailed.

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 "aye" thereon.

Representative Cooper of the 31st stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" 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 for additional smoke detector requirements in nursing homes; and for other purposes.

3074

JOURNAL OF THE HOUSE

The following Senate amendment was read:

Amend HB 673 by striking "guilty of a misdemeanor." and inserting in its place "sanctioned in accordance with Code Section 31-2-6." on lines 36 and 37 of page 2.

Representative Jamieson of the 22nd moved that the House agree to the Senate amendment to HB 673.

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 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 Y Greene Y Hammontree Y Hanner Y Harbin E 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
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 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 E Mobley Y Morris Y Mosley

Y Mueller Y Orrock E 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
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 motion, the ayes were 165, nays 0.

MONDAY, MARCH 19, 2001 The motion prevailed.

3075

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 Senate amendment was read:

Amend HB 460 by striking "2002" and inserting in its place "2001" on line 28 of page 3.

Representative Buck of the 135th moved that the House agree to the Senate amendment to HB 460.

On the motion, 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
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 Hammontree Hanner

Y Hudson, S Hugley
Y 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 Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham

Y Mueller Y Orrock E 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 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
Twiggs

3076
Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y 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 Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills E 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
Skipper Y Smith, B

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 motion, the ayes were 152, nays 0. The motion prevailed.

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 following Senate amendment was read:

Amend HB 579 by striking all matter on page 1, line 1, and inserting in lieu thereof the following:
"To amend Chapter 4 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Police Academy, so as to change the status of the director under the state merit system from a classified employee to an unclassified employee; to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the".
By renumbering Sections 1, 2, and 3 as Sections 2, 3, and 4 and inserting a new Section 1 to read as follows:
"SECTION 1. Chapter 4 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Police Academy, is amended by striking subsection (d) of Code Section 35-4-6, relating to the selection, powers, and duties of superintendent of the Georgia Police Academy, which reads as follows:

MONDAY, MARCH 19, 2001

3077

'(d) The superintendent of the academy shall be a classified employee under the State Merit System of Personnel Administration.'"

Representative Royal of the 164th moved that the House agree to the Senate amendment to HB 579.

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 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

N Cox Y Crawford Y Cummings Y Davis N 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 E 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
Jackson, B Y Jackson, L Y James Y Jamieson E 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 N Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell
Ragas Y Randall Y Ray Y Reece Y Reed Y Reese Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay
Shanahan Y Shaw
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
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 156, nays 4. The motion prevailed.

3078

JOURNAL OF THE HOUSE

The Speaker assumed the Chair.

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 following Senate amendments were read:

Senate Amendment #1
Amend HB 610 by adding on page 2, line 21 the following:
SECTION 1A.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is amended by inserting immediately following paragraph (16) a new paragraph (16.1) to read as follows:
"(16.1) Sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any religious institution which has completed the Form 1023 process of the Internal Revenue Service and has been officially declared tax exempt under Section 501 (c)(3) of the Internal Revenue Code through receipt of an official letter from the United States Department of Treasury."

Senate Amendment #2
Amend HB 610 by inserting "to provide for an exemption with respect to the sale of certain clothing for a limited period of time;" between "equipment;" and "to" on line 4 of page 1.
By inserting between lines 31 and 32 of page 3 the following:
"SECTION 2A. Said Code section is further amended by adding a new paragraph immediately following paragraph (74), to be designated paragraph (75), to read as follows:

MONDAY, MARCH 19, 2001

3079

'(75)(A) The sale of any clothing every year only during the period commencing at 12:01 A.M. on the first Friday in August, and concluding at midnight on the third Sunday in August. (B) The exemption provided by subparagraph (A) of this paragraph shall not apply to:
(i) Sales of jewelry, cosmetics, eyewear, wallets, watches; (ii) The sale of an item placed on layaway or similar deferred payment and delivery plan however described; (iii) Rental of clothing or footwear; or (iv) The sale or lease of an item for use in a trade or business. (C) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph.'"

Representative Jamieson of the 22nd moved that the House disagree to the Senate amendments to HB 610.

Representative Richardson of the 26th moved to waive the fiscal note requirement for HB 610.

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

N Allen Y Amerson N Anderson N Ashe N Bannister
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 N Burkhalter Y Burmeister N Byrd Y Callaway
Campbell

N 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 N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin E Harrell N Heard N 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 E Kaye N Keen N Knox
Lane N Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox Y Mangham E Mann N Manning N Martin
Massey

N Mueller N Orrock E 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
Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal N Sailor N Sanders N Scheid

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

3080
Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell N Cooper

JOURNAL OF THE HOUSE

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

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

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

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

On the motion, the ayes were 41, nays 121. The motion was lost. The motion to disagree prevailed.

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

SB 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.

The following amendment was read:

Representatives Rogers of the 20th, Barnes of the 97th and Walker of the 141st move to amend SB 48 as follows:
By adding a new Section 3 to read as follows:
"Except as otherwise provided by general law, the power and duty to promulgate rules and regulations relating to this chapter shall rest solely with the Board of Natural Resources and no political subdivision of the state may regulate this chapter by local ordinance"
and by renumbering Section 2A.

MONDAY, MARCH 19, 2001

3081

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

N Allen N Amerson
Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black N Boggs N Bohannon N 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 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 Deloach, B N Deloach, G N Dix N Dodson Y Drenner Dukes N Ehrhart N Epps N Everett Y Floyd N Forster N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell N Heard Y Heckstall N Hembree N Henson N Hines N Holland N Holmes Y Houston Howard N Hudgens Y Hudson, N

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

N Mueller Y Orrock E Parham
Parrish N Parsons N Pelote N Pinholster N Poag Y Porter Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reece N 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 N 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
Smith, T N Smith, V Y Smyre N Snelling N Snow
Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens
Stokes Y Stuckey Y Taylor
Teague Y Teper N Tillman
Turnquest Twiggs N Unterman Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 60, nays 96. The amendment was lost.

The following amendment was read and withdrawn:

Representative Day of the 153rd moves to amend SB 48 as follows:

3082

JOURNAL OF THE HOUSE

Pg. 2, line 2, change "$1,500" to "$300". Pg. 2, line 2, change "$5,000" to "$500".

The following amendment was read and adopted:

Representatives Barnes of the 97th et al. move to amend SB 48 by striking lines 1 through 4 of page 2 and inserting in lieu thereof the following:
"a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction."

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

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

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 E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y Orrock E 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 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
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

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

MONDAY, MARCH 19, 2001

Y Hammontree Y Hanner Y Harbin E Harrell
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
McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

3083
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, as amended, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Skipper of the 137th assumed the chair.

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.

The following substitute, offered by Representatives Stokes of the 92nd and Barnard of the 154th, was read and adopted:

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; 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

3084

JOURNAL OF THE HOUSE

provide for probation for persons convicted of ordinance violations in county and municipal courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, the "Statewide Probation Act," is amended by striking Code Section 42-8-30.1, relating to the inapplicability of that article when probation services are provided through contractual agreements, and inserting in its place the following:
"42-8-30.1. In any county where the judge of the chief judge of the superior court, state court, municipal court, probate court, or chief magistrate of the magistrate court has provided for probation services for either or both of such courts court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for either or both of such courts court pursuant to Code Section 42-8100, the provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court."
SECTION 2. Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by striking Code Section 42-8-100, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, and inserting in lieu thereof the following:
"42-8-100. (a) Any county or municipal court which has original jurisdiction of ordinance violations and in which the defendant in such a case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation supervisor for the duration of such probation, subject to the provisions of this Code section. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (c) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (d) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any

MONDAY, MARCH 19, 2001

3085

or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (e) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
(a)(f)(1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2001, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. (b)(g)(1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the

3086

JOURNAL OF THE HOUSE

conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway

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 E Harrell Y Heard

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 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 Mueller Y Orrock E 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 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 Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
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, MARCH 19, 2001

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 E Mobley Y Morris Y Mosley

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

3087
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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee amendment was read and adopted:

The Committee on Special Judiciary moves to amend SB 60 by striking line 32 on page 4 and inserting in lieu thereof the following:
"(e) The protocol committee shall, by July 1, 1988 2001, adopt a written child abuse".
By striking line 17 on page 5 and inserting in lieu thereof the following:
"than December July 1, 1993 2001, to specify the circumstances under which law enforcement".
By striking line 31 on page 5 and inserting in lieu thereof the following:

3088

JOURNAL OF THE HOUSE

"than the first day of July in 1994 2001 and no later than the first day of July each year".
By striking line 3 on page 6 and inserting in lieu thereof the following:
"(i)(j) By July 1, 1994 2001, members of each protocol committee shall receive appropriate".
By striking line 26 on page 11 and inserting in lieu thereof the following:
"report no later than the first day of July in 1994 2001 and in each year thereafter. The".
By striking line 36 on page 11 and inserting in lieu thereof the following:
"(4) No Be transmitted, no later than the fifteenth day of July in 1994 2001 and in each".

The following amendments were read and adopted:

Representatives Burmeister of the 114th, Callaway of the 81st, Westmoreland of the 104th and Harbin of the 113th move to amend SB 60 by striking on page 3, line 20, the number "five" and inserting the number "three".

Representative Randall of the 127th moves to amend SB 60 by striking line 32 on page 4 and inserting in lieu thereof the following:
"(e) The protocol committee shall, by July 1, 1988 2001, adopt a written child abuse".
By striking line 18 on page 5 and inserting in lieu thereof the following:
"than December July 1, 1993 2001, to specify the circumstances under which law enforcement".
By striking line 32 on page 5 and inserting in lieu thereof the following:
"than the first day of July in 1994 2001 and no later than the first day of July each year".
By striking line 4 on page 6 and inserting in lieu thereof the following:

MONDAY, MARCH 19, 2001

3089

"(i)(j) By July 1, 1994 2001, members of each protocol committee shall receive appropriate".
By striking line 33 on page 11 and inserting in lieu thereof the following:
"report no later than the first day of July in 1994 2001 and in each year thereafter. The".
By striking line 9 on page 12 and inserting in lieu thereof the following:
"(4) No Be transmitted, no later than the fifteenth day of July in 1994 2001 and in each".

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 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 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 E 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 N Joyce E Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin E Massey Y McBee Y McCall Y McClinton
McKinney

Y Mueller Y Orrock E 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
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
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 Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson

3090
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 E Mobley
Morris Y Mosley

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

Y Willard Y Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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:
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.

The following Senate substitute was read:

A BILL
To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 30, 2000 (Ga. L. 2000, p. 3578), so as to change the salaries of the tax commissioner, chief clerk to the tax commissioner, executive secretary to the tax commissioner, and administrative specialist in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 19, 2001

3091

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 30, 2000 (Ga. L. 2000, p. 3578), is amended by striking Section 3 and inserting in lieu thereof the following:
"SECTION 3. (a) The tax commissioner shall receive an annual salary of $63,331.32, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $70,751.24. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioners direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $43,832.23 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioners direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $34,140.71 per annum, to be paid in equal monthly installments from the funds of Cobb County."
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.

3092

JOURNAL OF THE HOUSE

Representative Ehrhart of the 36th moved that the House agree to the Senate substitute to HB 823.
On the motion the ayes were 120, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 213. By Senator Hill of the 4th:
A bill to be entitled an Act to amend Code Section 15-7-21 of the O.C.G.A., relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the O.C.G.A., relating to nonpartisan primaries and elections for members of boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the O.C.G.A., relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for certain county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for certain nonpartisan elections; to provide that offices for which local Acts provide for nonpartisan primaries

MONDAY, MARCH 19, 2001

3093

and elections shall not be required to have a nonpartisan primary; to specify the circumstances under which election superintendents may open absentee ballots; to change the method of removing deceased voters from the electors list; to authorize the Secretary of State to obtain the names of Georgians who die in other states if possible; to provide for the transmission of names of persons who have been convicted of felonies to the registrars for removal from the electors list; to provide for the form of the nonpartisan election ballot; to authorize the Constitutional Amendments Publication Board to determine short titles or headings for proposed constitutional amendments; to authorize the Secretary of State to place such short titles or headings on the ballots; to require the Secretary of State to print the proposed constitutional amendments in the order specified by the Constitutional Amendments Publication Board; to provide for uniform election equipment throughout the state; to provide for the education of voters, election officials, and poll officers in the operation of election equipment; to authorize the Secretary of State to conduct a pilot project to test electronic recording voting systems during the 2001 municipal elections; to create the Twenty-first Century Voting Commission; to provide for the composition, duties, and compensation of such commission; to provide times for certification of election results; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions, so as to authorize the Constitutional Amendments Publication Board to assign short titles or headings to proposed constitutional amendments which the Secretary of State shall place on the ballots; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) If, at the expiration of the qualifying period for the general nonpartisan primary election or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of 15 days, and any person may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge."
SECTION 2. Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-56 to read as follows:

3094

JOURNAL OF THE HOUSE

"20-2-56. (a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of boards of education and, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Chapter 2 of Title 21, the 'Georgia Election Code.' (b) Pursuant to the authority of this subsection, members of any local board of education who are required to be elected to such offices in nonpartisan primaries and elections, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to be elected in such nonpartisan primaries and elections, unless thereafter changed by local law."
SECTION 3. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Code Section 21-2-130, relating to the procedures for qualification of candidates generally, in its entirety and inserting in lieu thereof a new Code Section 21-2-130 to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of:
(1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairperson and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (d) (e) of Code Section 21-2-132; or (7) Being an incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) (e) of Code Section 21-2-132; or (8) Nomination in a nonpartisan primary."

MONDAY, MARCH 19, 2001

3095

SECTION 4. Said chapter is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualifying fees, and inserting in lieu thereof new paragraphs (1) and (2) to read 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 election, 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 election and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;"
SECTION 5. Said chapter is further amended by striking Code Section 21-2-132, relating to filing notice of candidacy, and inserting in lieu thereof a new Code Section 21-2-132 to read as follows:
"21-2-132. (a) The names of nominees of political parties nominated in a primary, and the names of nominees of political parties for the office of presidential elector, and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking nomination in a nonpartisan primary shall comply with the requirements of subsections (b.1) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. Candidates seeking election in a nonpartisan election for an office that the General

3096

JOURNAL OF THE HOUSE

Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) (f) of this Code section, as modified by subsection (f) (g) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary election ballots. (b.1)(c) All candidates seeking nomination in a nonpartisan primary election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidates agent, desiring to have his or her name placed on the nonpartisan primary election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidates agent, desiring to have his or her name placed on the nonpartisan primary election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. (c)(d) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, including those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her

MONDAY, MARCH 19, 2001

3097

candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidates municipality during the municipalitys qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (d)(e) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;

3098

JOURNAL OF THE HOUSE

(4) A candidate seeking nomination or election in a nonpartisan primary or election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. (e)(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never 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 or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that 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; and (8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy. (f)(g) A paupers affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Sections 21-2-131 and 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (g) (h) of this Code section. A candidate filing a paupers affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be.

MONDAY, MARCH 19, 2001

3099

(g)(h) No candidate shall be authorized to file a paupers affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any;

3100

JOURNAL OF THE HOUSE

(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiants knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulators affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election, no earlier than January 1 and no later than the Tuesday after the first Monday in June in the case of a nonpartisan election for state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary, or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."

MONDAY, MARCH 19, 2001

3101

SECTION 7. Said chapter is further amended by striking subsections (a), (d), and (e) of Code Section 21-2-134, relating to the withdrawal, death, or disqualification of a candidate for office, and inserting in lieu thereof new subsections (a), (d), and (e) 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. 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, or special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, or special, or nonpartisan primary 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. 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. 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." "(d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540.

3102

JOURNAL OF THE HOUSE

(e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. Reserved."
SECTION 8. Said chapter is further amended by striking Code Section 21-2-135, relating to designation of specific office sought where office has multiple officeholders with same title, and inserting in lieu thereof a new Code Section 21-2-135 to read as follows:
"21-2-135. (a)(1) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall designate the specific office he or she is seeking, name the person such candidate is seeking to succeed, and give such other appropriate designation as may be required by the Secretary of State or election superintendent each time such candidate qualifies with his or her party in the case of a primary, files a notice of candidacy in the case of an election or a nonpartisan primary, or files a notice of candidacy as a write-in candidate. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having multiple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name.

MONDAY, MARCH 19, 2001

3103

(2) In the case of a candidate, including a write-in candidate, seeking one of two or more municipal public offices, each having the same title and each being filled at the same election by the vote of the same electors, the applicable municipal charter or ordinance provisions shall govern whether such candidate shall designate the specific office he or she is seeking. If required to designate the specific office, the candidate shall name his or her incumbent or give other appropriate designation as specified in the charter or ordinance. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing municipal primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. (b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections."
SECTION 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan primaries and elections for judicial offices, and inserting in lieu thereof a new Code Section 21-2-138 to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary election to be held and conducted jointly with the general primary in each even-numbered year; provided that nonpartisan elections for the office of judge of the state court which was covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be held and conducted jointly with the general election in even-numbered years. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates Candidates for any such office, except offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall

3104

JOURNAL OF THE HOUSE

be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-139, relating to nonpartisan elections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide by local Act for the election of such officers at nonpartisan elections without a prior nonpartisan primary. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan primaries, if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nomination, if applicable, and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries, if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries, if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly as of July 1, 2001, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in accordance with this chapter without a prior nonpartisan primary. For those offices for which the General Assembly as of July 1, 2001, provided by local Act for election in a nonpartisan election without a prior nonpartisan primary, such offices shall be elected in nonpartisan elections held and conducted in conjunction with the November general election without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

MONDAY, MARCH 19, 2001

3105

SECTION 11. Said chapter is further amended by striking Code Section 21-2-150, relating to date of general primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year or, in the case of municipalities, on the third Tuesday in July in each odd-numbered year, except as provided in subsection (c) (b) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c)(b) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted."
SECTION 12. Said chapter is further amended by striking Code Section 21-2-151, relating to authorization for political party primaries and for nonpartisan primaries for judicial offices, and inserting in lieu thereof a new Code Section 21-2-151 to read as follows:
"21-2-151. (a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 212-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates names will be listed on the ballot. (b) Candidates for the office of judge of the state courts, judge of the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates names will be listed on the ballot. (c)(b) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties and all nonpartisan primaries elections for nonpartisan offices other than those offices which were covered on July 1, 2001, by a local Act of the General Assembly which

3106

JOURNAL OF THE HOUSE

provided for election in a nonpartisan election without a prior nonpartisan primary shall be conducted jointly."
SECTION 13. Said chapter is further amended by striking Code Section 21-2-155, relating to the reopening of qualifications in the event of a candidates death, and inserting in lieu thereof a new Code Section 21-2-155 to read as follows:
"21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days. (b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State shall reopen qualifications for the state office, the county superintendent shall reopen qualifications for the county office sought by the deceased candidate, and the municipal superintendent or governing authority shall reopen qualifications for the municipal office sought by the deceased candidate for a period of not less than one nor more than three days."
SECTION 14. Said chapter is further amended by striking Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State, and inserting in lieu thereof a new Code Section 21-2-231 to read as follows:
"21-2-231. (a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a) and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a

MONDAY, MARCH 19, 2001

3107

notice of such action and the reason therefor to the last known address of such persons by first-class mail. (c)(d) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons, other than those persons who are deceased, by first-class mail. (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (e)(f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 15. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-270, relating to run-off primaries, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) No run-off primary election is to be held for nomination election of any candidate who is nominated elected at a nonpartisan primary election;"
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 21-2-284.1, relating to form of nonpartisan primary ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The names of all candidates seeking nomination election in a nonpartisan primary election conducted in conjunction with a partisan primary shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary election shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary election to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY ELECTION BALLOT.'

3108

JOURNAL OF THE HOUSE

Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (T) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. The incumbency of a nonpartisan candidate seeking nomination for the public office he or she then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary election. In the event that a candidate in such nonpartisan primary election does not receive a majority plurality of the total votes cast for such office, there shall be a nonpartisan primary election runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary election runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries elections. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary election runoff shall be the only candidate for such office to have his or her name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office declared duly elected to such office."
SECTION 17. Said chapter is further amended by striking subsection (f) of Code Section 21-2-285, relating to the form of the official ballot, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as

MONDAY, MARCH 19, 2001

3109

directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (T) mark unless otherwise directed by the General Assembly."
SECTION 18. Said chapter is further amended by striking Code Section 21-2-285.1, relating to the form of nonpartisan election ballots, and inserting in lieu thereof a new Code Section 21-2285.1 to read as follows:
"21-2-285.1. The names of all candidates for offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (T) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each such nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

3110

JOURNAL OF THE HOUSE

SECTION 19. Said chapter is further amended by adding new Article 8.1 to read as follows:
"ARTICLE 8.1
21-2-300. (a) Provided that the General Assembly specifically appropriates funding to the Secretary of State to implement this subsection, the equipment used for casting and counting votes in county, state, and federal elections shall, by the July, 2004, primary election and afterwards, be the same in each county in this state and shall be provided to each county by the state, as determined by the Secretary of State. (b) Each county shall, prior to being provided with voting equipment by the state, provide polling places that are adequate for the operation of such equipment including, if necessary, the placement within the polling places of a sufficient number of electrical outlets and telephone lines. (c) Each county shall, prior to being provided with voting equipment by the state, provide or contract for adequate technical support for the installation, set up, and operation of such voting equipment for each primary, election, and special primary and special election as the Secretary of State shall determine by rule or regulation. (d) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters, election officials, and poll workers in the proper use of such voting equipment. Each county shall bear the costs, including transportation, subsistence, and lodging, incurred by its election and registration officials in attending courses taught by or arranged by the Secretary of State for instruction in the use of the voting equipment.
21-2-301. (a) The Secretary of State is authorized to conduct a pilot project to test and evaluate the use of electronic recording voting systems during the 2001 municipal elections. The Secretary of State in his or her discretion may select a number of municipalities to participate in such pilot program. (b) Electronic recording voting systems used in the pilot program shall meet the requirements contained in Part 5 of Article 9 of this chapter and shall have been certified by the Secretary of State as provided in Code Section 21-2-379.2. Such voting systems shall be required to have an independent audit trail for each vote cast. (c) The Secretary of State shall furnish the electronic recording voting systems to the selected municipalities for use in the pilot project, provided that the municipalities provide polling places with adequate electrical outlets, telephone lines, and other facilities necessary to operate such electronic recording voting systems. (d) The Secretary of State is authorized to use different types of electronic recording voting systems in the pilot project. However, the same type system must be used in all precincts within a municipality and there shall not be any other voting systems used in that municipality for voting at the polling places on election day unless there is an emergency declared by the Secretary of State due to the failure of the system or due to

MONDAY, MARCH 19, 2001

3111

the inability for any reason of the electors to be able to cast their ballots on the system. In the event of such declared emergency situation, the Secretary of State may direct the use of any method of voting authorized by this chapter in the municipal election.
(e)(1) There is created the Twenty-first Century Voting Commission. The commission shall be composed of two members appointed by the Speaker of the House of Representatives, two members appointed by the Lieutenant Governor, two members appointed by the Governor, the chief information officer for the State of Georgia or his or her designee, six county or municipal election officials appointed by the Secretary of State, the director of the Elections Division of the office of the Secretary of State, one member designated by each political body that qualified candidates for the office of President of the United States in the 2000 November general election, and the Secretary of State, who shall be the chairperson of the commission. In appointing members to such commission, the Speaker of the House of Representatives, the President of the Senate, and the Governor shall ensure equal representation on the commission by each political party. The commission shall coordinate and oversee the pilot project authorized by this Code section. (2) The commission may work with the Board of Regents of the University System of Georgia and the Department of Education in seeking avenues and incentives to encourage student participation as poll workers and in other areas of the election process. (3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, on the results of the pilot project and shall further advise the Secretary of State on the choice of voting equipment to be used state wide in all counties pursuant to Code Section 21-2-300. (4) Any members of the General Assembly serving on the commission shall receive the allowances authorized for legislative members of interim legislative committees. The public members of the commission who are not public employees shall receive a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee serving on the commission shall receive no compensation but may be reimbursed for expenses. (5) The commission shall continue its work through December 31, 2002, after which time it shall stand abolished unless reauthorized and continued by the General Assembly."
SECTION 20. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels generally, and inserting in lieu thereof new subsections (g), (h), and (i) to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies

3112

JOURNAL OF THE HOUSE

shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in the a nonpartisan election held in conjunction with a general election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2285. If a nonpartisan primary election is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary election also. In nonpartisan primaries elections, the ballot labels shall include a separate portion for the names of candidates seeking nomination election in a nonpartisan primary election and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY ELECTION BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination election in a nonpartisan primary election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination election in a nonpartisan primary election shall appear on all machines."
SECTION 21. Said chapter is further amended by striking subsections (a) and (c) of Code Section 21-2386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof new subsections (a) and (c) 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 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

MONDAY, MARCH 19, 2001

3113

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 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. (2) After 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.,' except as otherwise provided in this Code section. At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing. (3) If the election superintendent desires to open the inner envelopes containing the absentee ballots after 3:00 P.M., but before 7:00 P.M., on the day of the election, the election superintendent shall petition in writing the chief judge of the superior court of the county or, if such judge is a candidate in such election, such petition shall be submitted to the administrative judge of the judicial administrative district in which such county is located who shall assign such petition to a judge of the district who is not a candidate in such election at least seven days prior to the election for permission to open the inner envelopes in accordance with the procedures prescribed in this subsection. Such petition shall contain the names of persons designated to act as monitors of the process of opening the inner envelopes by the election superintendent or his or her designee. The county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such

3114

JOURNAL OF THE HOUSE

county shall have the right to designate one person to act as monitors. Such executive committees and candidates shall be given notice by the election superintendent of the superintendents intent to request permission to open the inner envelopes early and their right to designate monitors. The executive committees and candidates shall be given at least seven days after the notice by the election superintendent to designate monitors for inclusion in the petition. (4) The chief judge, after considering the petition, shall authorize the opening of the inner envelope of the absentee ballots provided that the names of the persons to serve as monitors on behalf of the political parties, political bodies, independent candidates, and nonpartisan candidates are submitted in the petition by the election superintendent. The judge shall:
(A) Designate the location where the inner envelopes shall be opened within the county; (B) Designate additional monitors for the process to be present during the opening of the inner envelopes, if the judge deems such persons necessary; (C) Administer an oath to each person who shall serve as a monitor and to each election official who shall participate in any manner in the process of opening the inner envelopes to which such persons shall swear or affirm that no inner envelopes shall be opened unless all monitors are present in the location designated by the judge, unless such monitor shall specifically give his or her permission for such process to continue in his or her absence; that no attempt shall be made to ascertain how any ballot was voted or to view the contents of any ballot; that no monitor shall handle, touch, or possess any ballot; and that no discussion of the procedure or of anything viewed during the opening of the envelopes will be held with any person who is not a part of the opening process before 7:00 P.M. on the day of the election; (D) Designate no less than two persons to take possession of and keep secure all such opened envelopes and ballots at all times prior to such envelopes and ballots being released to the manager of the absentee ballot precinct for counting; and (E) Provide such additional conditions and requirements as he or she deems necessary to preserve the integrity and confidentiality of such process, including instructions to monitors and election officials for the reporting of any unauthorized activity. Intentional and willful violation of such oath shall be a felony punishable pursuant to Code Section 21-2-600. (5) The process for opening the inner envelopes of absentee ballots after 12:00 Noon and before 7:00 P.M. on the day of an election as provided in this subsection shall be a confidential process to maintain the secrecy of all ballots and to protect the disclosure of any balloting information before 7:00 P.M. on election day. No ballots shall be counted before 7:00 P.M. on election day." "(c) Except as otherwise provided in this Code section, after After the close of the polls on the day of the primary or election, a manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. Such manager with two assistant managers, appointed by the superintendent, with such

MONDAY, MARCH 19, 2001

3115

clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality."
SECTION 22. Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsections (a), (b), and (c) to read as follows:
"(a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. In addition, candidates running in a nonpartisan primary shall be entitled to designate one poll watcher in each precinct. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, or by the nonpartisan candidate, if designated by the nonpartisan candidate, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve.
(b)(1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or runoff election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each

3116

JOURNAL OF THE HOUSE

independent candidate shall also be entitled to designate five official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a statewide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve. (c) In counties or municipalities using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan primary or nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 23. Said chapter is further amended by striking subsection (h) of Code Section 21-2-480, relating to the caption of the ballot for optical scanning voting equipment, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked."

MONDAY, MARCH 19, 2001

3117

SECTION 24. Said chapter is further amended by striking subsection (c) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a runoff primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."
SECTION 25. Said chapter is further amended by striking subsection (k) of Code Section 21-2-493, relating to the computation, canvassing, and tabulation of returns, in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:
"(k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. Such returns shall be certified by the superintendent not later than 5:00 P.M. on the seventh day following the date on which such election was held."
SECTION 26. Said chapter is further amended by striking subsection (a) of Code Section 21-2-499, relating to the duty of the Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

3118

JOURNAL OF THE HOUSE

"(a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted."
SECTION 27. Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions, is amended by adding a new subsection (c) to read as follows:
"(c) The board shall also assign to each proposed constitutional amendment a short title or heading of no more than 15 words that shall describe in summary form the substance of the proposal. The Secretary of State shall cause such short title or heading to be printed in bold face at the beginning of each proposed constitutional amendment that appears on the ballot."
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Willard of the 44th, Millar of the 59th, Harbin of the 113th and Golick of the 30th move to amend the Committee substitute to SB 213 as follows:
Page 19, line 8, change word "plurality" to "majority".

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 Y 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
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 N Collins Y Connell Y Cooper

MONDAY, MARCH 19, 2001

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

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

3119
N Smith, C N Smith, C.W N 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
Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman
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 51, nays 106. The amendment was lost.

The following amendment was read:

Representative Mangham of the 75th et al. move to amend the Committee substitute to SB 213 by inserting "to change the qualifications for absentee voting; to provide for an early voting period in which any elector may vote without having to specify a reason; to change provisions concerning the challenge of electors right to vote; to provide for locations and times for voting during early voting periods;" after "nonpartisan primary;" on line 11 on page 1.

3120

JOURNAL OF THE HOUSE

By inserting "to provide penalties for improper absentee voting;" after "ballots;" on line 2 on page 2.
By inserting after line 34 on page 16 the following:
"SECTION 13A. Said chapter is further amended by striking subsection (c) of Code Section 21-2-215, relating to the location, hours, and duties of boards of registrars, and inserting in lieu thereof a new subsection to read as follows:
'(c) Except as otherwise provided in Code Section 21-2-382.1, the The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public.'
SECTION 13B. Said chapter is further amended by striking Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, and inserting in lieu thereof a new Code Section 21-2-230 to read as follows:
'21-2-230. (a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electors polling place or during the early voting period or, if such elector cast an absentee ballot, prior to 12:00 Noon on the day of the election. (b) Upon the filing of such challenge, the board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the challenged electors precinct and the locations being used for voting during the early voting period or, if the challenged elector voted by absentee ballot, notify the poll officers at the absentee ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer. (c) If the challenged elector appears at the polling place or at the locations being used for voting during the early voting period to vote, such elector shall be given the opportunity to appear before the registrars and answer the grounds of the challenge. (d) If the challenged elector does not cast an absentee ballot and does not appear at the polling place or at the locations being used for voting during the early voting period to vote and if the challenge is based on grounds other than the qualifications of the elector to remain on the list of electors, no further action by the registrars shall be required.

MONDAY, MARCH 19, 2001

3121

(e) If the challenged elector cast an absentee ballot and it is not practical to conduct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors, the absentee ballot shall be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-2386. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee ballot and does not appear at the polling place or at the locations being used for voting during the early voting period to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of electors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (h) If the challenged elector appears at the polls on the day of the primary, election, or runoff to vote and it is practical to conduct a hearing on the challenge prior to the close of the polls, the registrars shall conduct such hearing and determine the merits of the challenge. If the registrars deny the challenge, the elector shall be permitted to vote in the election notwithstanding the fact that the polls may have closed prior to the time the registrars render their decision and the elector can actually vote, provided that the elector proceeds to vote immediately after the decision of the registrars. If the registrars uphold the challenge, the challenged elector shall not be permitted to vote and, if the challenge is based upon the grounds that the elector is not qualified to remain on the list of electors, the challenged electors name shall be removed from the list of electors. (i) If the challenged elector appears at the polls to vote on the day of the primary, election, or runoff and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by having the word "Challenged" and the electors name written across the back of the electors ballot notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the

3122

JOURNAL OF THE HOUSE

election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229.'".
By inserting after line 3 on page 24 the following:
"SECTION 20A. Said chapter is further amended by striking Code Section 21-2-380, relating to the definition of an absentee elector, and inserting in lieu thereof a new Code section to read as follows:
'21-2-380. (a) As used in this article, the term "absentee elector" means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older; or (7) Votes an early ballot during the early voting period. (b) As used in this article, the term "early voting period" means the period of time prior to a primary or election when early voting is permitted pursuant to Code Section 21-2385. (c) As used in this article, the term "qualified absentee elector" means any absentee elector who fits one of the qualifications listed in paragraphs (1) through (6) of subsection (a) of this Code section.'

MONDAY, MARCH 19, 2001

3123

SECTION 20B. Said chapter is further amended by striking Code Section 21-2-381, relating to application and eligibility for an absentee ballot, and inserting in lieu thereof a new Code section to read as follows:
'21-2-381. (a)(1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any qualified absentee elector may make, either by mail, by facsimile transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. (2) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. (3) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (4) If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. (5) One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria the criterion of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate

3124

JOURNAL OF THE HOUSE

and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2)(6) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3)(7) Any application for an official absentee ballot that is distributed by a person, entity, or organization shall require a voter to identify thereon which one of the legally acceptable categories of qualified absentee electors listed in paragraphs (1) through (6) of subsection (a) of Code Section 21-2-380 authorizes the voter to vote by absentee ballot. (b)(1) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. (2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrars or absentee ballot clerks office or deliver the ballot in person to the elector if such elector is confined to a hospital. (3) If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. (4) If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. (5) In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties or municipalities in which the absentee ballot clerk or board of registrars provides application forms for absentee ballots, the clerk or board shall provide such quantity of the application form to the dean of each college or university

MONDAY, MARCH 19, 2001

3125

located in that county as said dean determines necessary for the students of such college or university.
(d)(1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress:
(A) If such citizen was last domiciled in Georgia immediately before his or her departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individuals intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates.'
SECTION 20C. Said chapter is further amended by striking Code Section 21-2-382, relating to additional sites as additional registrars office or place of registration for absentee ballots, and inserting in lieu thereof two new Code sections to read as follows:
'21-2-382. (a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars or municipal governing authority, as appropriate, may establish by unanimous vote additional sites as additional registrars offices, absentee ballot clerks offices, or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, a government service center providing general government services, an authorized

3126

JOURNAL OF THE HOUSE

polling place, or another government building generally accessible to the public. (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrars office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385.
21-2-382.1. During the early voting period and for the purpose of early voting, the main office of the board of registrars, the absentee ballot clerks office, and other such locations within the city or county as may be designated by the board of registrars or the governing authority of the municipality for the purpose of early voting shall be open on each weekday evening until at least 7:00 P.M. and for a reasonable period of time on the last Saturday of the early voting period. Such period of time shall not be for less than eight hours on such Saturday.'

SECTION 20D. Said chapter is further amended by striking Code Section 21-2-385, relating to the procedure for voting by absentee ballot, and inserting in lieu thereof a new Code section to read as follows:
'21-2-385. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed "Official Absentee Ballot." This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector,; the name, relationship, and oath of the person assisting, if any,; and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such electors mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. (b) A physically disabled or illiterate elector may receive assistance in preparing his or her ballot from one of the following: any elector who is qualified to vote in the same

MONDAY, MARCH 19, 2001

3127

county or municipality as the disabled or illiterate elector or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his or her own county or municipality, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be issued to the elector at the time of the application therefor within the confines of the registrars or absentee ballot clerks office; and the elector shall then and there vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot. (d) Early voting is permitted in county, state, and federal elections during the early voting period which shall begin on the Thursday prior to a primary or election and shall end at 5:00 P.M. on the Saturday prior to the primary or election. Municipalities may, by a duly passed ordinance, authorize early voting and identify the location where such ballots shall be cast for municipal elections in compliance with this chapter; provided, however, that, when a municipal election is held by the county election superintendent in conjunction with a county, state, or federal election, early voting shall be authorized for both the municipal and the county, state, or federal election. During the early voting period, an elector may vote an early ballot without meeting any of the qualifications listed in paragraphs (1) through (6) of subsection (a) of Code Section 21-2-380 by appearing in person at the main office of the board of registrars or absentee ballot clerk or at any such other location within the city or county as may be designated pursuant to Code Section 21-2-382 and presenting proper identification as defined in Code Section 21-2-417.'".
By inserting after line 25 on page 30 the following:
"SECTION 26A. Said chapter is further amended by striking Code Section 21-2-573, relating to absentee voting by an unqualified elector, and inserting in lieu thereof a new Code section to read as follows:
'21-2-573. (a) Except as provided in subsection (b) of this Code section, any Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who is not a qualified to vote absentee elector as defined in subsection (c) of Code Section 21-2-380 shall be guilty of a misdemeanor.

3128

JOURNAL OF THE HOUSE

(b) The provisions of subsection (a) of this Code section shall not apply to a person who votes an early ballot during the early voting period.'".

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

Allen N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs N Bohannon N Bordeaux N Borders N Bridges Y 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 N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins Y 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 Y Epps N Everett N Floyd N Forster N Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin E Harrell Y Heard N Heckstall
Hembree Y Henson N Hines N Holland Y Holmes N Houston
Howard N Hudgens N Hudson, N

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

N Mueller Y Orrock E 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 N Reed N Reese N Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal
Sailor N Sanders N Scheid N Scott Y Seay N Shanahan N 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
Smyre N Snelling N Snow Y Squires N Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y Teague N Teper Y Tillman Y Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L Y 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 36, nays 129. The amendment was lost.

The following amendment was read:

MONDAY, MARCH 19, 2001

3129

Representative Reichert of the 126th moves to amend the Committee substitute to SB 213 as follows:
P. 30, line 3 before the word "such" insert the following:
"In the absence of an order to the contrary from a court of competent jurisdiction,".

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 N Bell Y Birdsong
Black Y Boggs N Bohannon N Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown N 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 N Coleman, B
Coleman, T N Collins Y Connell N Cooper

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

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

N Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Porter N Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece N Reed N Reese Y Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan N 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 N Smith, T N Smith, V
Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil N Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey
Taylor Teague Y Teper N Tillman N Turnquest Y Twiggs N Unterman Walker, L N Walker, R.L N Watson Y West N Westmoreland N Wiles N Wilkinson Y Willard N Williams N Wix N Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 69, nays 94.

3130

JOURNAL OF THE HOUSE

The amendment was lost.

Representative Reichert of the 126th moved that the House reconsider its action in failing to adopt the Reichert amendment.

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

Y Allen N Amerson Y Anderson Y Ashe Y 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 Y Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B
Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford Y Cummings
Davis Y Day N Dean N 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 Y Golick N Graves N Greene N Hammontree Y Hanner N Harbin E Harrell N Heard N Heckstall N Hembree Y Henson N Hines Y Holland N Holmes N Houston N Howard N Hudgens Y Hudson, N

N Hudson, S N Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings N Johnson
Jordan N Joyce E 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 Y McBee Y McCall Y McClinton
McKinney N Millar N Mills E Mobley N Morris N Mosley

N Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Porter Y Powell N 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 N Royal
Sailor N Sanders N Scheid N Scott Y Seay N Shanahan Y Shaw Y Sholar N Sims Y Sinkfield Y Skipper N Smith, B

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

On the motion, the ayes were 71, nays 96. The motion was lost.

The following amendment was read:

MONDAY, MARCH 19, 2001

3131

Representatives Twiggs of the 8th, Borders of the 177th and Holmes of the 53rd move to amend the Committee substitute to SB 213 as follows:
Delete from page 22, line 16, the word "One"; Delete page 22, lines 17 and 18 and insert in their place, the following:
"One member designated by each political body who's candidate for the office of President of the United States recieved 5,000 or more votes from Georgia Electors in the November, 2000 General Election, and the Secretary".

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

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

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

N Mueller N Orrock E Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas Y 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
Sailor Y Sanders N Scheid N Scott N Seay N Shanahan Y 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 Y Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

3132

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 35, nays 128.
The amendment was lost.
The following amendment was read and adopted:
Representative Stancil of the 16th moves to amend the Committee substitute to SB 213 as follows:
Page 23, after line 2, add
(6) The Commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia and one meeting in South Georgia.
The following amendment was read:
Representative Joyce of the 1st moves to amend the Committee substitute to SB 213 by inserting on line 13 on page 1 immediately after the word and symbol "list;" the following:
"to change the provisions relating to nomination of candidates by petition; to change the provisions relating to nomination of presidential electors and candidates of political bodies by convention;".
By redesignating Sections 14 through 28 as Sections 16 through 30, respectively, and inserting new Sections 14 and 15 to read as follows:
"SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 20-2-170, relating to nomination of candidates by petition, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) A nomination petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking or 10,000 signatures, whichever is less, and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 3 percent of the total number of registered

MONDAY, MARCH 19, 2001

3133

voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected.'
SECTION 15. Said chapter is further amended by striking Code Section 21-2-180, relating to qualification of a political body to nominate candidates for state-wide public office, and inserting in lieu thereof the following:
'21-2-180. Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if:
(1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election or 10,000, whichever is less; or (2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election.'"

The following amendment was read and adopted:

Representatives Ehrhart of the 36th and Westmoreland of the 104th move to amend the Joyce amendment to the Committee substitute to SB 213 as follows:
On line 19 change 3 to 5.

On the adoption of the Joyce amendment, as amended, 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 Cox N Crawford N Cummings
Davis Y Day N Dean N Deloach, B Y Deloach, G

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

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

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

3134
N Birdsong N Black N Boggs Y Bohannon N Bordeaux Y Borders N Bridges Y Brooks N Broome Y Brown N Buck Y Buckner Y Bulloch N 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

JOURNAL OF THE HOUSE

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

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

N Porter N Powell N Purcell Y 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 Snow N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens Y Stokes Y Stuckey N Taylor N Teague Y Teper N Tillman N Turnquest Y 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

On the adoption of the amendment, as amended, the ayes were 75, nays 90. The amendment was lost.

The following amendment was read and adopted:

Representative Shanahan of the 10th moves to amend the committee substitute to SB 213 by striking "primary or election," and inserting in its place "primary election," on line 2 of page 4; by inserting "or his or her designated agent" following "State" on line 2 of page 18; by striking lines 15 through 18 of page 22 and inserting in their place the following:
"or her designee, eight members appointed by the Secretary of State of which six shall be county or municipal election officials, the director of the Elections Division of the office of the Secretary of State, one member designated by each political body that qualified candidates in the 2000 November general election, and the Secretary".
By striking lines 21 and 22 of page 22 and inserting in their place the following:

MONDAY, MARCH 19, 2001

3135

"the Governor, and the Secretary of State shall ensure equal representation on the commission by each political party in their respective appointments; provided, however, that nothing contained herein shall prohibit the Secretary of State from appointing election officials to the commission who have no political party affiliation or who are nonpartisan. The commission shall coordinate and oversee the pilot project authorized by this".

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 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 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 E 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 Y Joyce E 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 Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E Mobley

Y Mueller Y Orrock E 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
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 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

3136
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Y Skipper Y Smith, B

Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

Representative Skipper of the 137th moved that debate on SB 130 be limited to 10 minutes with the exception of the Presenter and the Committee Chairman.

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

Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell
Birdsong Y Black Y Boggs N Bohannon N Bordeaux Y Borders N Bridges Y Brooks Y Broome

N Cox Y Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson N Drenner Y Dukes N Ehrhart Y Epps
Everett Y Floyd N Forster

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 E Kaye N Keen N Knox Y Lane N Lanier

N Mueller Y Orrock E Parham Y Parrish N Parsons
Pelote Pinholster Y Poag Y Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reece Y Reed N Reese

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

N Brown Y Buck
Buckner N Bulloch N Bunn
Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash
Channell Y Childers N Coan Y Coleman, B
Coleman, T N Collins Y Connell N Cooper

MONDAY, MARCH 19, 2001

N Franklin N Golick N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard Y Heckstall N Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, N

N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin N Massey Y McBee
McCall Y McClinton
McKinney N Millar N Mills E Mobley Y Morris Y Mosley

Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay
Shanahan N Shaw
Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

3137
Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L
Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 82, nays 70. The motion was lost.

Representative Skipper of the 137th moved the previous question.

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

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

N Cox Y Crawford Y Cummings N Davis Y Day N Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner 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 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 E Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann

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

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 Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor N Teague N Teper Y Tillman Y Turnquest Y Twiggs N Unterman

3138
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

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

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

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

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 motion, the ayes were 104, nays 65. The motion prevailed.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources 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 stormwater 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 provide for meetings; to provide for a budget and funding; to provide for oversight; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources with respect to requirements and standards for plans and for water resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources of the state, is amended by adding at its end a new Article 10 to read as follows:

MONDAY, MARCH 19, 2001

3139

"ARTICLE 10
12-5-570. This article shall be known and may be cited as the 'Metropolitan North Georgia Water Planning District Act.'
12-5-571. (a) The General Assembly recognizes the value of the metropolitan North Georgia area watersheds for water supply, recreation, habitat for fish and wildlife, economic prosperity, and quality of life. The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the metropolitan North Georgia area and are, therefore, essential to the health, welfare, and economic progress of the area. The purpose of this article is to create a planning entity dedicated to developing comprehensive regional and watershed-specific plans to be implemented by local governments in the district. These plans will protect water quality and public water supplies in and downstream of the region, protect recreational values of the waters in and downstream of the region, and minimize potential adverse impacts of development on waters in and downstream of the region. (b) The General Assembly finds that the waters and watersheds of the district are natural resources, environments, and vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia.
12-5-572. (a) There is created the Metropolitan North Georgia Water Planning District. (b) The general purposes of the district shall be to establish policy, create plans, and promote intergovernmental coordination for all water issues in the district; to facilitate multijurisdictional water related projects; and to enhance access to funding for water related projects among local governments in the district area. (c) It is the primary purpose of the district to develop regional and watershed-specific plans for storm-water management, waste-water treatment, water supply, water conservation, and the general protection of water quality, which plans will be implemented by local governments in the district.
12-5-573. As used in this article, the term:
(1) 'Board' means the Metropolitan North Georgia Water Planning District Governing Board created under Code Section 12-5-575. (2) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) 'District' means the entity established by this article that shall have planning responsibility for watershed and storm-water management, waste-water management, and water supply and conservation management within the district area. (4) 'District area' means any county which has a population of 500,000 or more according to the 2000 United States decennial census or any future such census and

3140

JOURNAL OF THE HOUSE

all counties geographically contiguous to any such county; provided, however, that any such contiguous county having population of 100,000 or less according to the 2000 United States decennial census or any future such census may, by majority vote of the governing authority thereof and with the written approval of the director, remove itself from the district area. The district area may be expanded from time to time as provided in this article. (5) 'Local government' means any county or municipality of this state lying in whole or in part within the district area.
12-5-574. (a) The district shall promote regional coordination and cooperation through the exercise of the following powers:
(1) Development of regional and watershed-specific plans for storm-water management taking into account recommendations developed by the basin advisors councils; (2) Development of regional and watershed-specific plans for waste-water management taking into account recommendations developed by the basin advisors councils; (3) Development of regional and watershed-specific plans for water supply and water conservation taking into account recommendations developed by the basin advisors councils; (4) Development of regionally consistent policies, model ordinances, and minimum standards of performance for local governments relating to the creation and implementation of the plans developed by the district; (5) Development and coordination of an effective regional and watershed-specific water quality monitoring program and development and maintenance of a corresponding data base reflecting available monitoring data; (6) Establishment of education programs on water quality issues and promotion of water conservation; (7) Identification of funding sources, including without limitation federal funding sources for the creation and implementation of plans provided for under this article; (8) Entry into contracts with both public and private parties in connection with the exercise of the powers and duties of the district; (9) Development of measurable short-term and long-term goals for water quality and conservation improvement; (10) Development of a program to identify and implement structural controls and nonstructural controls needed to achieve the goals for water quality and conservation improvement; and (11) Reviewing and reporting on the progress of implementation of the water plans and achievement of the water goals developed pursuant to this article. (b) Approval by the district of any storm-water management plan, waste-water management plan, water supply and conservation plan, or other plan pursuant to this article shall not obligate any governing authority comprising a part of the district to provide funding for facilities planned or constructed pursuant to such plans which do

MONDAY, MARCH 19, 2001

3141

not provide services to all or a portion of the population of such governing authority proportionate to any cost allocation. (c) No extension of time by the board for preparation of a plan provided for under this article shall exceed six months, nor shall more than one extension be granted for any such plan.
12-5-575. (a) There is established for the management of the business and affairs of the district a Metropolitan North Georgia Water Planning District Governing Board to consist of:
(1) The chairperson of the county commission or the chief executive officer of each county in the district area having a population of 200,000 or more according to the 2000 United States decennial census or any future such census; (2) The mayor of each municipality in the district area having a population of 200,000 or more according to the 2000 United States decennial census or any future such census; (3) A member appointed from each county in the district area not represented pursuant to paragraph (1) of this subsection by a caucus of the county commissioners together with the mayors of municipalities within such county which have water withdrawal permits or waste-water discharge permits, which caucus shall select either one of such mayors or the chairperson of the county commission or chief executive officer of the county; provided, however, that if one or more mayors participate in such selection and said initial appointee is a mayor, the successor must be the chairperson of the county commission or chief executive officer of the county, and if said initial appointment is the chairperson of the county commission or chief executive officer of the county, the successor must be one of such mayors, and the succession shall accordingly alternate in the future; and provided, further, that if any such county has a joint county and municipal water authority and does not contain all or part of a city having a population of 200,000 or more according to the 2000 United States decennial census or any future such census, the initial representative shall be a mayor serving on such authority or the chairperson of the county commission of such county as selected by a caucus of the members of such water authority and the county commissioners, and the successor to the initial representative shall alternate between the chairperson of the county commission and a mayor serving on such authority. (4) Six members to be appointed by the Governor; (5) Two members to be appointed by the Lieutenant Governor; and (6) Two members to be appointed by the Speaker of the House of Representatives. (b) Of the initial appointments of the Governor, two shall be for a term of one year, two for a term of two years, and two for a term of three years, and their successors shall serve for terms of three years. Of the initial appointments of the Lieutenant Governor and the Speaker, one shall be for a term of one year and one for a term of three years, and their successors shall serve for terms of three years. The terms of members serving pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be concurrent with their terms of office in their respective counties and municipalities. Of the members initially appointed pursuant to paragraph (3) of subsection (a) of this Code

3142

JOURNAL OF THE HOUSE

section, one-half, or one more than one-half in the event of an odd number of appointments, shall be selected by lot to serve a two-year term, and the remainder shall serve a three-year term. Their successors shall serve terms of three years. All members of the board shall serve until their successors are appointed and qualified. At no time shall more than one member of the governing authority or executive branch of any county or municipality serve on the board. (c) Any vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment to the vacated position. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (d) The executive committee of the district shall consist of a chairperson, a vice chairperson, a secretary-treasurer, the members serving pursuant to paragraphs (1) and (2) of subsection (a) of this Code section, and such other members as the board may determine are appropriate from time to time.
(e)(1) The initial chairperson and vice chairperson of the board shall be appointed by the Governor from among the membership of the board for a term of three years, and thereafter the chairperson and vice chairperson shall be appointed by majority vote of the board for a term of three years. (2) As a qualification for office of chairperson, except for the initial chairperson, he or she shall have served at least one year as a member of the board. No chairperson shall serve in that capacity in excess of two consecutive terms. (3) The chairperson shall preside at all meetings of the district. He or she shall be the chief executive officer of the district. (4) The vice chairperson shall serve in the absence of the chairperson and, in addition, shall assist the chairperson and shall perform such other duties as may be assigned by the board. (5) The secretary-treasurer shall be the custodian of the books and records of the district, shall keep the minutes of all meetings, shall be the chief fiscal officer of the district, and shall perform such other duties as may be assigned by the board.
12-5-576. (a) The board shall meet at least six times per year at a time and place set forth in the minutes of the district and at such other times as the chairperson may direct. All such meetings shall be open to the public. (b) A majority of the members to which the board is entitled shall constitute a quorum. (c) Once a quorum has been established, a majority of those present and voting shall be required to adopt any matter before the district. (d) Each member of the board shall have one vote to be cast in person, and there shall be no voting by proxy; provided, however, that each member serving on the board pursuant to the provisions of paragraphs (1), (2), and (3) of subsection (a) of Code Section 12-5-575 shall be entitled to designate in writing to the chairperson of the board an alternate who may exercise any of the powers and discharge any of the duties of such member provided for in this article, including voting, in the absence of such member, other than serving as chairperson, vice chairperson, or secretary-treasurer of

MONDAY, MARCH 19, 2001

3143

the board. (e) The district, by a majority vote of those members of the board present, may go into executive session for the purposes of discussing personnel matters, meeting with attorneys representing the district in adversarial or potentially adversarial situations, and for any other purpose authorized by and consistent with Chapter 14 of Title 50.
12-5-577. (a) Prior to July 1 each year, the officers of the board shall submit to the district for adoption a preliminary budget required for the operation of the district during the ensuing calendar year, which shall also be the fiscal year. (b) Funding for the district operations shall be derived from the following sources:
(1) Dues paid by cities and counties within the district such that the aggregate total of all such dues from all such cities and counties shall be no less than $1 million annually. Such fees shall be raised on a per capita assessment or water-usage fee basis or based on a formula adopted and approved by the local government members of the district; and (2) Appropriated or contracted state funds. (c) The district is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts, or services from any federal, state, or local government or its agencies or instrumentalities and from private and civic sources and to expend funds received therefrom under provisions as may be required and agreed upon by the district in connection with any program or purpose for which the district exists. (d) All funds of the district not otherwise employed shall be deposited from time to time to the credit of the district in such banks, trust companies, or other depositories as the district may select.
12-5-578. Any county or municipality adjoining a member county or municipality shall be added to the district area upon the application of such entity to be included in the district by resolution of its governing authority and upon approval of the director.
12-5-579. (a) The district staff shall consist initially of the existing staff of the Environmental Planning Division of the Atlanta Regional Commission. Additional staff may be added or the staffing modified as necessary to fulfill the responsibilities of the district. The district may contract for such additional staff and consulting services as the board in its discretion may determine to be necessary from time to time. (b) The Atlanta Regional Commission, the Georgia Mountains Regional Development Center, the Coosa Valley Regional Development Center, the Chattahoochee-Flint Regional Development Center, and the Northeast Georgia Regional Development Center shall cooperate with the district and shall assist it in its efforts.
12-5-580. (a) The board shall create one or more technical coordinating committees comprised

3144

JOURNAL OF THE HOUSE

primarily of water and waste-water officials from counties, cities, and authorities in the district. Such committees shall provide additional support to the board and staff for specific areas and issues such as water treatment, waste-water treatment, and stormwater management. (b) The board shall create a finance committee which shall meet with the boards and staffs of the Georgia Environmental Facilities Authority, the Department of Community Affairs, and the Department of Natural Resources for the purpose of developing recommendations for a funding structure for the district and for projects included in the district plans developed pursuant to this article, and that authority and those departments, their boards, and staffs are directed to cooperate with the district in developing such recommendations. The board shall consider the recommendations of the finance committee and forward them as adopted or amended to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Natural Resources Committee and the House Natural Resources and Environment Committee not later than December 1, 2001. Such recommendations may be updated and revised from time to time thereafter.
12-5-581. (a) The board shall create separate advisory councils for the Chattahoochee, Etowah, Flint, Oconee, and Ocmulgee river basins and the Lake Lanier Basin. The Etowah River Basin Advisory Council shall include the Lake Allatoona Preservation Authority as a member. The Lake Lanier Basin Advisory Council shall include at least one member appointed by the Lake Lanier Association, Inc. Each basin advisory council shall be comprised of a minimum of 20 individuals. These individuals shall be from within the district area as well as from outside the district area, upstream and downstream of the district; provided, however, that such persons shall reside within the river basin. Each river basin shall be defined as those lands lying between the ridgelines dividing each river drainage from another. These representatives shall be selected and shall serve based upon procedures and rules established by the board. (b) The director shall create two additional basin advisory councils each comprised of a minimum of 20 individuals. One council shall consist of individuals representing the watersheds upstream of the district and one council shall consist of individuals representing the watersheds downstream of the district. The director shall solicit the recommendation of the House Committee on Natural Resources and the Environment and the Senate Natural Resources Committee as to the membership of such councils. (c) Each basin advisory council shall have a chairperson and such other officers as necessary and convenient. Each chairperson shall be entitled to attend and comment at any meeting of the board. (d) The basin advisory councils shall advise the district in the development and implementation of policy, provide input to the director concerning the development of minimum elements and standards for plans provided for under this article, and provide input on the content of plans provided for under this article as such plans are developed. (e) The board chairperson shall appoint one or more board members to convene meetings of the advisory basin councils on a regular schedule established by the board;

MONDAY, MARCH 19, 2001

3145

provided, however, that there shall be a minimum of four scheduled meetings per year. The district shall provide advance drafts of such plans or recommendations as it may make pursuant to this article to basin advisory councils for review and input, and the basin advisory councils shall prepare reports and recommendations for consideration by the district in formulating any plan or taking any other action provided for under this article. Each basin advisory council shall further provide input to the district concerning the development of minimum elements and standards for plans provided for under this article relating to its specific river basin.
12-5-582. (a) Within one year after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare for public comment one or more model ordinances for local governments designed to provide for effective storm-water management. Such model ordinances shall also include minimum design and development standards for local development as it may affect storm-water run-off quality and storm-water conveyance and infrastructure standards applicable to local governments. Upon receipt of public comment, the district shall finalize the model ordinances and publish the same. (b) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare for public comment a district-wide watershed management plan containing elements common to all watersheds within the district and containing within it watershed-specific components for watershed management. The plan shall build upon and be coordinated with existing watershed planning efforts undertaken by local governments and other entities in the district area and plans otherwise developed under this title. After receipt of public comment, the district shall approve the plan which shall meet all standards established by the director and shall include the following elements:
(1) Appropriate standards and methodologies for monitoring water quality and maintaining and organizing an inventory of collected water quality data; (2) Descriptions of current pollutant loads by source categories, subsource categories, and specific sources where identifiable; (3) Forecasts of potential future pollutant load increases by virtue of new development, growth, or other changes in watershed activities; (4) Identification of streams or bodies of water within the applicable watershed having or requiring total maximum daily loads under applicable federal regulations; provisions for incorporating into the watershed-specific plan any implementation plan for total maximum daily loads as established by the director; and provisions to ensure that the watershed-specific plan conforms to requirements for implementation plans for streams requiring total maximum daily loads, such that said watershed-specific plan could be readily utilized by the director to meet applicable federal requirements for implementation plans for total maximum daily loads; (5) Establishment of priorities for protecting watershed resources and for obtaining pollutant load reductions or preventing future pollutant load increases, or both, and an explanation of the rationale for such priorities;

3146

JOURNAL OF THE HOUSE

(6) Identification of specific effective control programs and strategies including specific regulatory or voluntary actions to attain and maintain applicable water quality standards, including any pollutant load reductions mandated by implementation plans for total maximum daily loads; identification of specific public or private organizational responsibility for carrying out such control programs or voluntary actions, including without limitation instances where control programs require coordination among multiple jurisdictions, such that there are reasonable assurances that applicable water quality standards will be attained or maintained, or both; (7) The model ordinances established under subsection (a) of this Code section and any recommended additions or modifications to such model ordinances, if appropriate, to provide additional measures to improve storm-water run-off quality, including without limitation, requirements to retrofit or modify existing developments in order to improve storm-water run-off quality; (8) Recommended changes to state or local laws, regulations, or ordinances necessary to implement the plans; (9) A timetable for implementation of necessary elements of the plans for each jurisdiction including description of annual, measurable milestones for determining whether identified measures are being implemented; (10) Estimates of costs and identification of potential sources of funding necessary for implementation of the plans; (11) Education and public awareness measures regarding watershed protection; and (12) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (c) The district shall review the watershed management plan and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated watershed management plan no less frequently than every five years after finalization of the initial plan. (d) The district shall hold public meetings concerning any plan or updated plan developed by the district under subsection (a), (b), or (c) of this Code section and shall publish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (e)(1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director shall exercise his or her powers pursuant to this chapter. (2) Upon the districts approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5179 and any NPDES Phase I or Phase II General Stormwater permits to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 or any NPDES Phase I or Phase II General Stormwater permit the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 12-

MONDAY, MARCH 19, 2001

3147

5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the permitted water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, or any NPDES Phase I or Phase II General Stormwater permit, unless such local government is in compliance with the applicable provisions of the plan or the director certifies to the board that such local government is making good faith efforts to come into such compliance. (4) Any local government that fails to adopt substantially the applicable model stormwater ordinance developed by the district under subsection (a) of this Code section, or something at least as effective as said model ordinance, and any local government that fails to adopt and implement the applicable plans developed by the district under this Code section shall be ineligible for state grants or loans for storm-water related projects determined by the director to be inconsistent with the terms of such model ordinance or such plans. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (f) The watershed management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with standards established by the director for such plan.
12-5-583. (a) Within one year after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall develop a short-term plan to ease immediate waste-water capacity constraints and to reduce the need for sewer tap moratoria. (b) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall develop a long-term wastewater management plan for the district covering a period of time of no less than 20 years. The plan shall be coordinated with and address any existing waste-water planning efforts undertaken by local governments in the district area and plans otherwise developed under this title. After receipt of public comments, the district shall approve the plan which shall meet all standards established by the director, and the plan shall consist of the following minimum elements:
(1) Identification of anticipated waste-water treatment capacity requirements over the life of the plan; (2) Recommended future upgrades and expansions of existing waste-water treatment facilities; (3) Measures to maximize efficiency through multijurisdictional approaches to avoid duplication of efforts and unnecessary costs; (4) A timetable for phasing out existing plants if appropriate; upgrading or expanding existing plants; and construction of new plants; (5) An inspection and maintenance program for sewer collection systems with timetables for any necessary upgrades or replacement of substandard segments of such systems; (6) An inspection and maintenance program for septic tanks in critical areas and recommendations for effective management of decentralized wastewater system;

3148

JOURNAL OF THE HOUSE

(7) Identification of appropriate opportunities for gray-water reuse or the implementation of other technologies to increase waste-water treatment capacity or efficiency; (8) Education and public awareness measures regarding waste-water management; and (9) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (c) The district shall review the waste-water management plan developed under subsection (b) of this Code section and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated waste-water management plan no less frequently than every five years after the directors approval of the initial plan. (d) The district shall hold public meetings concerning any plan or updated plan developed by the district under this Code section and shall publish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (e)(1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director may exercise his or her powers pursuant to this chapter. (2) Upon the districts approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5179 to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 125-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, unless such local government is in compliance with the applicable provisions of the plan or the director certifies that such local government is making good faith efforts to come into compliance. (4) Any local government that fails to adopt and implement the applicable plans developed by the district under this Code section shall be ineligible for state grants or loans for waste-water related projects determined by the director to be inconsistent with the terms of such plan. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (f) The waste-water management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with the standards established by the director for such plan.
12-5-584. (a) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare a water supply and

MONDAY, MARCH 19, 2001

3149

water conservation management plan. The plan shall build upon and be coordinated with existing watershed planning efforts undertaken by local governments in the district area and plans otherwise developed by the state. After receipt of public comments, the district shall approve the plan which shall meet all standards established by the director, and the plan shall include the following minimum elements:
(1) A description of current water supply resources within the district and potential limitations on such supply resources; (2) Projected water supply requirements over a 20 year period for the district, including projections given differing population, consumption, and conservation scenarios; (3) Identification of opportunities to expand water supply resources which are found within the district as it was defined at the time of the effective date of this Act; (4) An accounting of existing transfers of surface waters in excess of 100,000 gallons per day on an annualized basis across natural basins within the district; (5) A water conservation program including voluntary measures, best management practices, and measures enforceable through local ordinances; (6) Education and public awareness measures regarding water conservation; and (7) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (b) The district shall review the water supply and water conservation management plan developed under this Code section and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated water supply and water conservation management plan no less frequently than every five years after approval of the initial plan. (c) The district shall hold public meetings concerning any plan developed by the district under subsection (a) of this Code section and shall publish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (d)(1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director may exercise his or her powers pursuant to this chapter. (2) Upon the districts approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5179 to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 125-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, unless such local government is in compliance with the applicable provisions of the plan or the director certifies that such local government is making good faith efforts to come into compliance.

3150

JOURNAL OF THE HOUSE

(4) Any local government that fails to adopt and implement the applicable plans developed by the district under this Code section shall be ineligible for state grants or loans for water supply and conservation projects determined by the director to be inconsistent with such plans. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (e) The water supply and water conservation management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with the standards established by the director for such plan.
12-5-585. Any district plan required to include an element of education and public awareness shall describe those measures to be taken by the district and recommendations for measures to be taken by other state agencies or local governments, by public education institutions, or by any other public or semi-public entity. The district shall make these recommendations known to the affected entities and strive to coordinate educational and public awareness efforts. The districts efforts shall be designed to reach 75 to 90 percent of the population in the district within five years.
12-5-586. The district shall submit a written report not later than December 31 of each year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Natural Resources and Environment, and the chairperson of the Senate Natural Resources Committee, which report shall contain a detailed account of the activities and progress of the district throughout the previous year and an accurate accounting of all funds received and expended by the district and of the implementation of plans and attainment of goals."
SECTION 2. Code Section 12-5-23, relating to powers and duties to control water pollution and surface-water use, is amended by striking the word "and" at the end of subparagraph (a)(1)(Q); by adding the word "and" at the end of subparagraph (a)(1)(R); and by adding a new subparagraph (a)(1)(S) to read as follows:
"(S) Establishing requirements for units of local government which have wastewater discharge permits that allow a discharge of at least one million gallons per day to submit to the director for approval watershed assessments and watershed protection plans for areas within their political boundaries and for implementation of such plans;".
SECTION 3. Said Code Section 12-5-23 is further amended by striking the word "and" at the end of paragraph (14) of subsection (c); by replacing the period at the end of paragraph (15) of subsection (c) with the symbol and word "; and"; and by adding a new paragraph (16) of subsection (c) to read as follows:
"(16) Establish the standards for water plans prepared by the Metropolitan North

MONDAY, MARCH 19, 2001

3151

Georgia Planning District and certify such plans as consistent or inconsistent with such standards. Such standards shall include but shall not be limited to the following objectives: maintaining water quality in all streams and public lakes that meet state water quality standards; improving water quality in all streams and public lakes that do not meet state water quality standards; and maintaining appropriate levels of stream flow downstream of new or expanding surface-water withdrawal facilities."
SECTION 4. This Act shall become effective on May 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to SB 130 as follows:
P. 7, line 24, strike "director", add "majority vote of the Metropolitan N. Georgia Water Planning District Board".

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

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

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 E Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox

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

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 Y Stancil N Stanley N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman N Turnquest

3152
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

JOURNAL OF THE HOUSE

N Hanner N Harbin E 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 Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton
McKinney N Millar Y Mills E Mobley N Morris N Mosley

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

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

On the adoption of the amendment, the ayes were 47, nays 122. The amendment was lost.

Representative Sims of the 167th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representatives Hanner of the 159th, Powell of the 23rd, McCall of the 90th and Channell of the 111th move to amend the Committee substitute to SB 130 by striking line 31 of page 4 and inserting in lieu thereof the following:
"commissioners together with the mayors of municipalities, the majority of the population of which reside within such county and".
By striking lines 4 through 12 of page 5 and inserting in lieu thereof the following:
"future."
By inserting immediately following line 16 on page 12 the following:
"(g) Upon publication of the model ordinance of subsection (a) of this Code section, the district will coordinate a program to be administered by the Environmental Protection Division of the Department of Natural Resources to train local elected officials and other local personnel in uniform standards for the reduction or elimination of nonpoint source pollution. To the extent authorized by law, the Environmental

MONDAY, MARCH 19, 2001

3153

Protection Division of the Department of Natural Resources shall ensure local government compliance with the model ordinance or equally effective ordinances."
By inserting following line 3 on page 16 the following:
"(f) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area."

The following amendment was read:

Representative Mills of the 21st et al. move to amend the Committee substitute to SB 130 as follows:
On page 2, line 24, after the word "specific" insert the word "uniform".

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 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 N Campbell Y Cash N Channell N Childers

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

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 E Kaye Y Keen N 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

Y Mueller N Orrock E Parham N Parrish N Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas
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 N Scott N Seay N Shanahan

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 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 N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Wiles

3154
Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

McKinney N Millar Y Mills E Mobley N Morris N Mosley

N Shaw N Sholar N Sims N Sinkfield N Skipper
Smith, B

N Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 47, nays 119. The amendment was lost.

The following amendment was read:

Representatives Brown of the 130th and Westmoreland of the 104th move to amend the Committee substitute to SB 130 by striking line 3 of page 16 and inserting in lieu thereof the following:
"consistent with the standards established by the director for such plan; provided, however, that such standard shall require initial implementation of all plans for storm water management as set forth in Code Section 12-5-582, and plans for waste water management as set forth in Code Section 12-5-583 and initial implementation of all practicable plans for water conservation management to take precedence over any new water supply management plans."

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 Y Bell N Birdsong N Black N Boggs Y Bohannon Y Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck

Y Cox N Crawford N Cummings Y Davis Y Day
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 Y Franklin Y Golick

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

Y Mueller Y Orrock E Parham N Parrish N Parsons N Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell N Ragas
Randall Y Ray N Reece N Reed Y Reese N Reichert N Rice

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 Y Stuckey N Taylor N Teague

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

MONDAY, MARCH 19, 2001

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

N Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton
McKinney Millar Y Mills E Mobley Y Morris N Mosley

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

3155
Y 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 N Willard N Williams N Wix
Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 58, nays 109. The amendment was lost.

The following amendment was read:

Representatives Lewis of the 14th and Stancil of the 16th move to amend the Committee substitute to SB 130 as follows:
Page 8, line 23, after the word "include" insert, "all the members of the Lake Allatoona Preservation Authority as members."
Renumber accordingly.

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 Y Bannister Y Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon

Y Cox N Crawford Y Cummings Y Davis N Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner N Dukes

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 Mueller N Orrock E Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas

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

3156
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 Y Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

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 Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard N 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:

Representative Walker of the 87th moves to amend the Committee substitute to SB 130 as follows:
Page 3, lines 8 and 9, strike "and with the written approval of the director".

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

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

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

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

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

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

MONDAY, MARCH 19, 2001

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

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

N Porter N Powell N Purcell N Ragas
Randall N Ray Y Reece N Reed Y Reese N Reichert N 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

3157
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 N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 45, nays 123. The amendment was lost.

The following amendment was read:

Representatives Callaway of the 81st and Westmoreland of the 104th move to amend the Committee substitute to SB 130 as follows:
By adding on page 6, line 4, after the word "years", the phrase "as long as the chairperson is not the chair of any boards, commissions, centers or authority listed in code section 125-579 paragraph (b)".

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

N Allen Y Amerson N Anderson

Y Cox N Crawford N Cummings

N Hudson, S N Hugley N Irvin

Y Mueller N Orrock E Parham

N Smith, C N Smith, C.W N Smith, L

3158
N Ashe N Bannister N Barnard N Barnes Y Bell
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 N Campbell
Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd N Forster Y Franklin N Golick Y Graves N Greene N Hammontree N Hanner N Harbin E 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 Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills E Mobley N Morris N Mosley

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

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

On the adoption of the amendment, the ayes were 39, nays 124. The amendment was lost.

The following amendment was read:

Representative Holmes of the 53rd et al. move to amend the Committee substitute to SB 130 as follows:
On page 14, line 14, add a new subsection (g) to read as follows:
"The plan shall conform with environmental justice principles which require that all people and communities are entitled to equal protection of their environment and fair treatment and meaningful involvement of all people, regardless of race, color, national

MONDAY, MARCH 19, 2001

3159

origin or income in the development, implementation and enforcement of environmental laws, regulations and policies".

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

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

Y Mueller Y Orrock E Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas
Randall Ray N Reece Y Reed N Reese N Reichert N Rice Y Richardson N Roberts, D Y Roberts, L N Rogers N Royal Sailor N Sanders N Scheid N Scott Y Seay N Shanahan N Shaw N Sholar N 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 N Smyre N Snelling N Snow N Squires N 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 N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 48, nays 122. The amendment was lost.

The following amendment was read:

3160

JOURNAL OF THE HOUSE

Representative Stancil of the 16th et al. move to amend the Committee substitute to SB 130 by striking lines 22 and 23 of page 6 and inserting in lieu thereof the following:
"(c) Once a quorum has been established, a majority of the members to which the board is entitled shall be required to adopt any matter before the district."

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 Y 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 Y Channell Y Childers Y Coan Y Coleman, B N 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 Y Dix N Dodson N Drenner N Dukes N Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard N Heckstall N 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 Y Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E 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 N Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills E Mobley Y Morris N Mosley

Y Mueller N Orrock E Parham N Parrish N Parsons N Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell N Ragas
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
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 Y 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 81, nays 89. The amendment was lost.

MONDAY, MARCH 19, 2001

3161

Representative Stancil of the 16th moved that the House reconsider its action in failing to adopt the Stancil amendment.

On the motion, 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 Y Bell Y 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 Y Channell Y Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

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

Y Mueller N Orrock E Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell N Ragas
Randall Y Ray Y 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 Y Shanahan Y Shaw N Sholar Y Sims Y 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
Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague Y Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 103, nays 64. The motion prevailed.

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

3162

JOURNAL OF THE HOUSE

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes Y 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 Y Channell
Childers Y Coan Y Coleman, B N 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 Y Dix N Dodson N Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard N Heckstall N Hembree Y Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N Hudson, S Hugley
Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E 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 Y McCall N McClinton
McKinney Y Millar Y Mills E Mobley Y Morris N Mosley

Y Mueller N Orrock E Parham N Parrish Y Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell N Ragas
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
Sailor Y Sanders
Scheid Y Scott N Seay Y 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 N Squires N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens Y Stokes N Stuckey
Taylor N Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L 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 88, nays 79. The amendment was adopted.

The following amendment was read:

Representatives Smith of the 91st, Massey of the 86th, Hudgens of the 24th and Bell of the 25th move to amend the Committee substitute to SB 130 by inserting immediately following line 3 of page 16 the following:

MONDAY, MARCH 19, 2001

3163

"(f) No new water supply management plan may include any provision mandating the transfer of surface water from a water supply reservoir, the construction of which began prior to January 1, 2001, constructed pursuant to a multicounty agreement and managed by such counties for their benefit."

The following amendment was read and adopted:

Representatives Unterman of the 84th and Walker of the 87th move to amend the Smith amendment to the Committee substitute to SB 130 as follows:
Line 5, after the word construction add:
"or permitting process".

The Smith amendment as amended was ruled out of order.

The following amendment was read:

Representative Mueller of the 152nd et al. move to amend the Committee substitute to SB 130 as follows:
On Page 9, after Line 22, add the following:
(f) Each river basin in the state not affected by this article may form basin advisory councils to be selected by a legislative caucus of all members of the General Assembly whose districts lie, in whole or in part, in each river basin. Such basin advisory councils shall have at least one member for each legislative district represented in the river basin caucus forming the council, and the terms of council members shall run concurrently with those of the legislative caucuses selecting them. Each basin advisory council shall provide input to the director concerning the development of minimum elements and standards for any regional and watershed specific plans for storm-water management, waste-water management and plans for water conservation and evaluations of water supply which the council may develop. Each basin advisory council shall elect its own chairperson and such other officers as it finds necessary and convenient and the chairperson or the designee of the chairperson shall convene basin advisory council meetings no less frequently than quarterly.

3164

JOURNAL OF THE HOUSE

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 Y Bell N Birdsong N Black N Boggs Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck
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

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

N Hudson, S N Hugley Y Irvin N Jackson, B
Jackson, L N James
Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E 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
McBee N McCall N McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Mueller N Orrock E Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag Y Porter N Powell N Purcell N Ragas
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 N 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 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 N Teague Y Teper N Tillman
Turnquest N Twiggs N 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 72, nays 92. The amendment was lost.

Representative Mueller of the 152nd moved that the House reconsider its action in failing to adopt the Mueller amendment.

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

N Allen Y Amerson

Y Cox N Crawford

N Hudson, S Hugley

Y Mueller N Orrock

N Smith, C Y Smith, C.W

N Anderson N Ashe Y Bannister Y Barnard N Barnes Y Bell N Birdsong N Black N Boggs Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck
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

MONDAY, MARCH 19, 2001

Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G N Dix N Dodson
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 E Harrell N Heard N Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes Y Houston N Howard Y Hudgens N Hudson, N

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

E Parham Y Parrish Y Parsons Y Pelote Y Pinholster N Poag Y Porter N Powell Y Purcell N Ragas
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
Sailor Y Sanders Y Scheid N Scott N Seay Y Shanahan Y Shaw N Sholar Y Sims Y Sinkfield N Skipper Y Smith, B

3165
N Smith, L N Smith, P N 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 Y Taylor Y Teague Y Teper N Tillman
Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 92, nays 72. The motion prevailed.

On the adoption of the Mueller 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 Y Bell N Birdsong N Black

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

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

Y Mueller N Orrock E Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell

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

3166
N Boggs Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck
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

JOURNAL OF THE HOUSE

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

N Jordan Y Joyce E 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
Massey Y McBee N McCall N McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

N Purcell N Ragas
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
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Stallings Y Stancil N Stanley N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson
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 82, nays 86. The amendment was lost.

The following amendment was read:

Representative Childers of the 13th et al. move to amend the Committee substitute to SB 130 by striking the words "with the written approval of the director" on lines 8 and 9 of page 3.
By adding after the period on line 9 of page 3 the following:
"However, written approval by the director shall also be required for a county to remove itself if such county was previously added to the district under Code Section 12-5-578."
By striking the words "and upon approval by the director" on line 24 of page 7 and by adding between lines 24 and 25 of page 7 the following:

MONDAY, MARCH 19, 2001

3167

"However, any county which has previously removed itself from the district area under paragraph (4) of Code Section 12-5-573 shall be added to the district area only upon resolution of its governing authority and written approval by the director."

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

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

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

N Mueller N Orrock E Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas
Randall N Ray Y Reece N Reed Y Reese N Reichert N 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 Y Sinkfield N Skipper Y Smith, B

N Smith, C Y Smith, C.W N Smith, L Y 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 Y Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson
West Y Westmoreland N Wiles N Wilkinson N Willard N Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 64, nays 102. The amendment was lost.

The following amendment was read:

3168

JOURNAL OF THE HOUSE

Representative Snelling of the 99th moves to amend the Committee substitute to SB 130 by striking lines 5 through 11 of page 7 and inserting in lieu thereof the following:
"(b) Funding for the district operations shall be derived from appropriated or contracted state funds."

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 Y Bannister N Barnard N Barnes N Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders
Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y 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
Connell Y Cooper

Y Cox N Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G
Dix N Dodson N Drenner N Dukes N Ehrhart N Epps Y Everett N Floyd N Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall Y Hembree N Henson N Hines
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 E 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 N Massey N McBee N McCall N McClinton
McKinney Millar Y Mills E Mobley N Morris N Mosley

Y Mueller Y Orrock E Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas
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 N Scott N Seay N Shanahan N Shaw N Sholar N Sims Y 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 Y Teper N Tillman N Turnquest N Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson
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 104.

MONDAY, MARCH 19, 2001 The amendment was lost.

3169

The following amendment was read:

Representatives Smith of the 19th and Stancil of the 16th move to amend the Committee substitute to SB 130 by striking on line 26 of page 8 the number "20" and inserting in lieu thereof the number "25".
By inserting at the end of line 32 of page 8 the following:
"The District recognizes that Lake Lanier is the primary source of drinking water for metropolitan Atlanta and provides other benefits that contribute to the quality of life for the citizens of Georgia. Accordingly, the chairperson of the county commission of each county in the Lake Lanier watershed will be a member of the Lake Lanier Basin Advisory council."
By striking lines 31 through 36 on page 8 and lines 1 through 3 on page 9 and inserting in lieu thereof the following:
"There will be created two additional basin advisory councils. Each council will be comprised of 25 individuals. One council shall consist of individuals representing the watersheds upstream of the district and one council shall consist of individuals representing the watersheds downstream of the district. All members of the basin advisory councils shall be selected by members of the General Assembly in caucus who represent the appropriate basins based upon procedures and rules established by the board."
By adding on line 5 of page 9 between the word "convenient" and the symbol "." the words "who shall be selected by the basin council members".
By redesignating subsection "(c)" on line 4 of page 9 as subsection "(b)".
By adding on page 9 after line 6 the following:
"(c) Each advisory council shall be responsible for producing a watershed-specific management plan. Each advisory councils watershed-specific plan shall be approved, disapproved, or altered by the district and incorporated into the district-wide watershed management plan required in subsection (b) of Code Section 15-5-582. Each advisory council shall review the watershed-specific plan annually to determine whether there is a need to update such plan, and in any case the council shall prepare an updated watershed management plan every five years in concert with and incorporated in the

3170

JOURNAL OF THE HOUSE

plan update required of the district, or sooner if the district decides to update the district watershed management plan sooner."
By striking lines 12 through 14 on page 9 and inserting in lieu thereof the following:
"(e) The Basin advisory council chairperson shall call all meetings. There shall be a minimum of four scheduled meetings".
By inserting at the end of line 22 of page 9 the following:
"The basin advisory councils will provide opportunities for the citizens who reside in the basins to contribute comments and suggestions about issues relative to the councils. The advisory councils will attempt to educate the public on methods to eliminate nonpoint source pollution."

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 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 Coleman, B

Y Cox N 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 N Floyd Y Forster Y Franklin N Golick Y Graves N Greene Y Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hembree N Henson Y Hines
Holland N Holmes

N Hudson, S N Hugley Y Irvin N Jackson, B
Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce E 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 N Massey N McBee N McCall N McClinton
McKinney Y Millar

Y Mueller N Orrock E Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas
Randall N Ray N Reece N Reed Y Reese N Reichert Y Rice N 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 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 N Unterman N Walker, L Y Walker, R.L N Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard

N Coleman, T Y Collins N Connell Y Cooper

MONDAY, MARCH 19, 2001

N Houston N Howard Y Hudgens N Hudson, N

Y Mills E Mobley N Morris N Mosley

N Sims Sinkfield
N Skipper Y Smith, B

3171
Y Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 51, nays 114. The amendment was lost.

Representative Teague of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The 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 N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell

N Cox Y Crawford N 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 N Harbin E Harrell Y Heard Y Heckstall

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 E Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey

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

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 N 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

3172
Y Cash Y Channell N Childers N Coan Y 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 Y McCall Y McClinton
McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

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

Y 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, as amended, the ayes were 145, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 175
The Committee of Conference on HB 175 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 175 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

MONDAY, MARCH 19, 2001

3173

/s/ Terrell Starr Senator, 44th District

/s/ Thomas B. Buck, III Representative, 135th District

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 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 and Fees - Staff

$

35,789,123

$

18,637,818

$

5,580,966

$

2,640,384

$

135,000

$

3,500

$

0

$

0

$

1,330,000

$

390,200

$

5,000

$

693,000

$

94,767

3174

JOURNAL OF THE HOUSE

Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account

$

90,000

$

3,686,488

$

745,000

$

105,000

$

1,652,000

Total Funds Budgeted

$

35,789,123

State Funds Budgeted

$

35,789,123

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office
Total

Total Funds

State Funds

$

6,203,586 $

6,203,586

$

1,116,097 $

1,116,097

$

1,381,454 $

1,381,454

$

8,701,137 $

8,701,137

House Functional Budgets

House of Representatives and Research Office $

Speaker of the House's Office

$

Clerk of the House's Office

$

Total

$

Total Funds 13,556,950 $ 473,527 $ 1,546,655 $
15,577,132 $

State Funds 13,556,950 473,527 1,546,655
15,577,132

Joint Functional Budgets

Legislative Counsel's Office

$

Legislative Fiscal Office

$

Legislative Budget Office

$

Ancillary Activities

$

Budgetary Responsibility Oversight Committee $

Total

$

Total Funds 3,655,653 $ 2,564,415 $ 1,188,886 $ 3,686,063 $ 415,837 $
11,510,854 $

State Funds 3,655,653 2,564,415 1,188,886 3,686,063 415,837
11,510,854

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

MONDAY, MARCH 19, 2001

3175

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 Contracts

$

30,832,595

$

25,699,095

$

817,300

$

550,000

$

115,000

$

180,000

$

1,034,200

$

245,000

$

0

3176

JOURNAL OF THE HOUSE

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

$

Total Funds 8,602,935 $
11,239,760 $ 49,167,146 $ 45,130,042 $ 1,424,347 $ 1,133,843 $ 12,760,967 $
271,476 $ 6,659,946 $ 2,500,030 $
341,982 $
139,232,474 $

1,872,000 320,000
30,832,595
30,832,595
136,226,539 17,074,391 115,253,479
3,534,930 1,911,046
40,000 800,000 618,628
139,232,474
136,226,539
State Funds 7,382,486
11,143,760 49,167,146 43,586,137 1,424,347 1,133,843 12,615,386
271,476 6,659,946 2,500,030
341,982
136,226,539

MONDAY, MARCH 19, 2001

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

Administration

$

Support Services

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 11,574,275 $ 29,571,317 $

3177
48,668,185 69,823,012 14,590,887
554,141 90,504 3,403,424 2,403,912 6,644,930 435,966 45,970,626 911,092 25,110,400
0 0 2,350,000
539,022
83,579,757 683,484
26,939,840 496,375 35,000 48,500 75,000 500,000 0
3,650,000 100,000
288,935,872
48,668,185
State Funds 6,866,913 874,721

3178

JOURNAL OF THE HOUSE

Statewide Business Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Customer Service
Total

$

3,808,101 $

$

222,615,417 $

$

4,056,180 $

$

775,048 $

$

2,056,157 $

$

4,913,438 $

$

4,094,101 $

$

5,471,838 $

$

288,935,872 $

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

Executive Division

$

Facilities Operations

$

Property Resources

$

Internal Operations

$

Transportation

$

External Operations

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 1,335,963 $
25,665,368 $ 6,296,300 $ 2,893,033 $ 3,252,852 $ 4,406,310 $

3,778,731 27,950,763
530,453 775,048 566,386 4,609,514 2,692,238 23,418
48,668,185
0 21,203,323 7,830,905
13,000 200,000
90,000 322,000 15,071 261,916 682,389 85,000 5,508,583 7,637,639
0 0
43,849,826
0
State Funds 0 0 0 0 0 0

MONDAY, MARCH 19, 2001

3179

Total

$

Section 5. Department of Agriculture.
State Funds
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 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

43,849,826 $

0

$

43,666,753

$

35,535,875

$

4,343,606

$

1,027,928

$

287,963

$

512,082

$

667,341

$

1,132,197

$

398,176

$

33,500

$

1,923,644

$

1,143,240

$

3,612,106

$

3,228,689

$

250,000

$

30,000

$

525,000

$

703,000

$

100,000

$

40,000

$

0

$

55,494,347

$

43,666,753

3180

JOURNAL OF THE HOUSE

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

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 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

Total Funds 9,516,194 $ 17,658,678 $ 7,548,397 $ 7,530,937 $ 3,994,780 $ 8,566,822 $ 678,539 $
55,494,347 $

State Funds 8,735,194 14,526,543 3,873,397 7,343,937 3,865,080 5,322,602 0
43,666,753

$

11,547,248

$

9,535,292

$

472,000

$

475,103

$

125,833

$

34,347

$

309,790

$

487,056

$

94,392

$

13,435

$

0

$

11,547,248

$

11,547,248

$

60,097,040

$

21,767,998

$

2,586,380

$

697,747

$

0

$

388,544

$

1,490,253

MONDAY, MARCH 19, 2001

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
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 GHFA 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 Georgia Leadership Unfrastructure Investment Fund Quality Growth Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Environmental Management $

Division

$ $ $ $ $ $
$ $
$ $
$ $ $ $ $ $
$ $ $ $ $ $ $ $ $
$
$
$
Total Funds 34,292,986 $ 4,767,448 $

3181
1,099,415 565,166 539,939 515,424 0
2,204,851
27,755,322 133,355
30,000,000 315,000
5,000,000 3,165,581
0 617,500 3,281,250 946,081
3,000,000 0 0
1,128,125 1,250,000 50,000,000 4,678,619
0 550,000
250,000
163,926,550
60,097,040
State Funds 34,121,242 4,539,372

3182

JOURNAL OF THE HOUSE

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

$

37,189,881 $ 8,338,332 $ 3,538,933 $ 2,266,520 $ 1,863,955 $ 66,268,441 $ 5,400,054 $
163,926,550 $

5,583,740 3,165,941 1,854,446
784,602 949,629 3,698,014 5,400,054
60,097,040

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

$ 1,329,366,187

$

16,046,291

$

32,371,240

$

6,930,000

$

410,924

$

0

$

80,136

$

49,269,665

$

1,393,130

$

758,249

$

1,669,771

$ 402,376,345

$ 3,916,451,129

$

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, MARCH 19, 2001

3183

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

$

$

18,790,098

$

7,394,890

$

474,625

$

474,240

$

120,000

$ 5,461,668,147

$

16,046,291

$ 1,329,366,187

Total Funds 3,398,711 $
3,916,451,129 $

State Funds 2,929,775
1,225,873,911

38,558,809 $ 57,124,554 $ 1,297,322 $
517,761 $ 396,116 $ 78,039,473 $ 681,660 $ 487,663 $ 1,314,117,295 $ 1,929,690 $ 38,135,458 $ 2,569,729 $ 1,462,134 $ 6,500,643 $

15,014,326 12,157,122
735,582 258,881 243,611 3,194,694 533,337 451,088 34,000,000 1,749,184 38,135,458 2,569,729 1,462,134 6,103,646

5,461,668,147 $ 1,345,412,478

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem and Fees Contracts Benefits

$ 148,828,880

$

0

$

8,200,000

$ 360,067,504

3184

JOURNAL OF THE HOUSE

Total Funds Budgeted
State Funds Budgeted
B. Budget Unit: State Funds - PeachCare for Kids
Tobacco Funds Personal Services 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

$ 368,267,504 $ 148,828,880

$

29,519,637

$

4,575,922

$

384,792

$

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

$ 944,733,483

$ 603,139,970

$

69,486,909

$

2,406,420

$

1,108,304

$

4,033,899

$

6,144,439

$

6,943,052

$

8,015,690

MONDAY, MARCH 19, 2001

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 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 32,470,869 $ 25,415,335 $ 135,463,818 $ 72,760,301 $ 700,907,964 $
967,018,287 $

Section 10. Department of Defense.

3185
56,000 80,819,604
0 24,966,267
1,300,000 31,250,000
5,450,000 0
1,093,624 4,568,025 1,627,150
577,160 1,450,000 111,000,830
449,944 1,131,000
967,018,287 450,000
944,733,483
State Funds 31,663,869 25,415,335 126,999,609 72,760,301 687,894,369
944,733,483

State Funds Personal Services Regular Operating Expenses Travel

$

8,667,157

$

15,251,419

$

15,745,167

$

89,875

3186

JOURNAL OF THE HOUSE

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

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

Total Funds

$

2,492,178 $

$

6,289,299 $

$

24,716,845 $

$

33,498,322 $

0 45,500 123,625 44,010 1,021,973 482,753 694,000
0
33,498,322
8,667,157
State Funds 2,232,436 804,726 5,629,995
8,667,157

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

$ 5,886,772,014

$

30,000,000

$

41,326,664

$

8,129,184

$

1,494,925

$

17,088

$

357,592

$

1,110,653

$

506,965

$

30,639,100

$

11,398,719

$

2,315,865

$

800,451

$

0

$ 1,569,114,251

MONDAY, MARCH 19, 2001
Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction 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

3187

$ 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

$

38,903,518

$ 149,042,453

$ 862,318,791

$ 175,076,220

$ (1,004,314,160)

$

0

$ 194,516,678

$ 253,458,512

$

6,548,910

$

852,291

$

500,000

$

4,340,000

$

51,193,896

$

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

$

0

$

21,084,506

$

1,250,000

3188

JOURNAL OF THE HOUSE

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 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

$

100,000

$

1,608,000

$

1,042,976

$

11,625,943

$

36,293,488

$

0

$

7,236,638

$

3,261,446

$

57,092,685

$

25,793,090

$ 107,826,070

$

1,190,215

$

7,466,425

$

274,395

$

11,576,298

$

64,141,501

$

3,837,298

$

4,046,930

$

0

$

1,087,500

$

6,018,289

$

350,000

$

559,847

$

0

$

5,967,000

$

0

$

0

$

30,000,000

$

34,460,185

$

5,637,550

$

4,135,763

$

11,000,000

$

1,632,839

$

0

$

1,000,000

$

0

$ 6,698,151,587

$

0

$

30,000,000

MONDAY, MARCH 19, 2001

3189

State Funds Budgeted Departmental Functional Budgets

State Administration

$

Student Learning and Achievement

$

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

Technology

$

Local Programs

$

Georgia Academy for the Blind

$

Georgia School for the Deaf

$

Atlanta Area School for the Deaf

$

Total

$

$ 5,886,772,014

Total Funds 15,238,259 $ 27,883,259 $ 1,412,777 $ 10,517,732 $ 9,261,011 $ 15,817,640 $
6,600,404,381 $ 5,919,872 $ 5,338,618 $ 6,358,038 $

State Funds 12,560,416 14,671,922 1,335,188 5,044,265 503,432 10,796,134
5,855,659,386 5,380,473 4,975,181 5,845,617

6,698,151,587 $ 5,916,772,014

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

$

1,326,677

$ 230,349,482

3190

JOURNAL OF THE HOUSE

Pre-Kindergarten - Personal Services Pre-Kindergarten - 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 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

$

2,302,564

$

5,215,957

$

3,717,272

$

180,283

$

203,800

$

0

$

11,528

$

130,500

$

10,000

$

1,076,947

$

300,693

$

30,276

$

0

$

0

$ 129,817,711

$

134,500

$ 373,481,513 $ 237,868,003

$

1,326,677

$

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

MONDAY, MARCH 19, 2001

Section 13. Forestry Commission.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

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

$

2,323,513 $

$

37,922,796 $

$

4,375,867 $

$

44,622,176 $

Section 14. Georgia Bureau of Investigation.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

3191
39,140,332 32,094,751 6,502,190
182,397 1,298,666 2,114,831
357,000 9,120
996,955 11,150 966,616 60,000 28,500
0 0
44,622,176
39,140,332
State Funds 39,713
34,892,907 4,207,712
39,140,332
67,069,372 51,852,656 7,201,136
616,879 1,211,418 1,141,875
633,960 576,289

3192

JOURNAL OF THE HOUSE

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Evidence Purchased

$

Capital Outlay

$

Crime Victims Assistance Program

$

Criminal Justice Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council
Total

Total Funds

$

5,446,086 $

$

29,991,520 $

$

10,814,548 $

$

20,400,419 $

$

31,628,055 $

$

98,280,628 $

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

$

1,075,435 2,480,042 1,783,900
423,667 0
1,500,000 27,783,371
98,280,628
67,069,372
State Funds 5,446,086
29,991,520 10,814,548 20,400,419
416,799
67,069,372
47,238,054 21,092,006 1,672,221
372,135 0
286,067 479,686 1,092,759 576,482 2,323,339 8,020,301 4,793,371 40,000 4,745,000 358,595 4,247,581 274,194

MONDAY, MARCH 19, 2001

3193

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 Criminal Justice Grants Troops to Teachers Flood - Contingency
Total Funds Budgeted
State Funds Budgeted

$

289,100

$

0

$

0

$

0

$

0

$

684,400

$

1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$

52,601,167

$

47,238,054

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 Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability
Total

Total Funds

$

9,936,966 $

$

1,203,532 $

$

11,980,552 $

$

5,807,643 $

$

5,227,354 $

$

392,659 $

$

540,870 $

$

8,186,333 $

$

6,563,913 $

$

2,761,345 $

$

52,601,167 $

State Funds 9,936,966 900,561 11,980,552 5,139,798 5,029,354 392,659 540,870 8,074,403 2,481,546 2,761,345
47,238,054

Section 16. Department of Human Resources.
State Funds
Tobacco Funds
1. General Administration and Support Budget:

$ 1,380,136,352

$

57,584,314

3194

JOURNAL OF THE HOUSE

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

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

Total Funds

$

1,177,970 $

$

4,271,558 $

$

12,744,897 $

$

11,947,057 $

$

71,837,730 $

$

1,425,091 $

$

30,497,781 $

$

75,267,102 $

$

6,436,421 $

$

852,666 $

$

3,546,507 $

$

12,027,528 $

115,474,243 5,161,428 2,410,747 0 474,311 8,685,087 4,968,294 33,171,401 59,878,740 16,675,046 0 0
88,426,333 163,451
2,222,936 36,238,505
0 0
373,950,522 3,982,840 8,292,056
186,187,800
State Funds 1,177,970 4,271,558 6,748,033 10,947,057
15,219,872 1,425,091
30,155,382 35,591,390
4,689,786 782,666
3,519,938 5,980,094

MONDAY, MARCH 19, 2001

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 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

$

6,980,114 $ 10,369,182 $ 2,921,191 $
6,871,119 $ 12,874,684 $
0$ 1,365,966 $ 98,920,713 $ 1,615,245 $
373,950,522 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 13,564,252 $ 1,456,087 $ 2,874,378 $

3195
2,329,588 5,989,549 2,921,191 6,871,119 3,129,910 (15,305,087) 1,365,966 66,631,033
37,750
194,479,856
55,318,142 76,241,472
1,023,066 0
195,367 1,509,862 1,037,404 18,553,694
12,000 1,174,442
674,000 26,663,591 165,792,989
0 190,927 9,621,222
358,008,178 324,160
35,626,826
175,591,379
State Funds 11,437,317 1,242,256 2,549,203

3196

JOURNAL OF THE HOUSE

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

$

Injury Control

$

HIV Waiver

$

Public Health - Division Indirect Cost

$

Total

$

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

2,083,609 $ 7,711,010 $ 7,328,374 $ 3,256,347 $ 11,865,394 $ 84,979,232 $ 75,590,980 $ 13,344,204 $ 4,186,735 $
550,307 $ 2,407,877 $ 1,658,043 $ 5,999,833 $ 1,922,269 $
830,156 $ 2,919,211 $ 1,914,312 $
169,269 $ 17,240,666 $ 2,890,432 $
2,137,292 $ 669,335 $
2,075,969 $ 8,257,863 $
210,945 $ 19,519,371 $ 10,713,458 $ 12,628,604 $
116,218 $ 13,076,308 $ 20,555,264 $
804,574 $ 500,000 $
0$
358,008,178 $
$ $ $ $

970,997 6,944,191 7,328,374 1,040,088 6,110,109
0 74,617,510
6,514,892 2,743,387
446,533 1,913,077
660 4,449,986 1,071,359
615,030 1,243,849 1,914,312
169,269 14,334,416 2,310,960
1,862,604 669,335
1,544,494 7,987,863
210,945 12,700,876
2,640,380 3,029,069
98,721 10,513,842 20,555,264
661,936 500,000 (1,724,899)
211,218,205
14,570,358 2,945,551 1,038,219
0

MONDAY, MARCH 19, 2001

Equipment 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

$

$ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 1,184,298 $ 7,060,773 $ 4,776,418 $ 4,071,628 $ 14,134,288 $ 2,662,555 $ 2,823,809 $ 3,848,689 $ 58,419,890 $
114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $
128,870,610 $ 132,343,608 $
3,190,752 $ 9,349,264 $
77,874,659 $

3197
223,397 276,189 5,780,911 6,963,465
0 686,644 7,592,935 124,425,510 7,325,433 398,593,090 31,080,287 2,401,505 375,852,295
979,755,789 0
3,341,218
414,109,324
State Funds 1,184,298 5,818,430 2,790,589 4,071,628 1,957,805 2,662,555 1,818,018 3,848,689 31,623,331 48,247,444 1,122,012 0 0 62,950,849 51,046,915 0 3,230,110
33,665,199

3198

JOURNAL OF THE HOUSE

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

$

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

27,914,154 $
0$
45,418,684 $ 5,046,322 $ 47,092,650 $ 20,146,240 $ 7,849,656 $ 44,089,254 $ 15,248,598 $ 179,320,622 $ 4,149,923 $ 7,592,935 $
0$
979,755,789 $

11,108,710
0
15,861,742 2,670,531 30,765,647 11,551,842 3,971,061 23,167,317 8,243,862 53,936,937 4,109,923 7,592,935 (11,567,837)
417,450,542

$ 296,868,790

$

58,916,965

$

200,000

$

9,483,000

$

1,991,161

$ 653,506,602

$ 1,020,966,518

$

1,313,100

$

10,324,214

$ 604,247,849

Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

Georgia Regional Hospital at Atlanta

$

Central State Hospital

$

Total Funds 31,112,271 $ 17,522,588 $ 29,186,446 $ 41,533,454 $ 121,794,998 $

State Funds 18,423,337 15,835,894 19,650,534 31,838,809 71,226,519

MONDAY, MARCH 19, 2001

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

18,355,919 $ 54,494,090 $ 20,579,590 $
4,319,129 $ 285,629,447 $ 271,417,809 $ 99,253,579 $ 15,544,207 $ 10,222,991 $
1,020,966,518 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

3199
17,530,231 23,534,756 18,502,148
2,378,439 207,785,104 125,558,030 47,904,411
8,230,957 6,172,894
614,572,063
482,231,533 84,348,451
4,472,032 200,000 893,075
10,471,138 11,786,609 58,688,560 59,890,740 18,536,132 58,916,965 653,506,602
0 7,592,935 124,425,510 7,999,433 398,593,090 146,170,211 165,792,989 2,154,612 9,483,000 4,815,368 36,238,505 375,852,295 9,621,222

Total Funds Budgeted Indirect DOAS Services Funding

$ 2,732,681,007

$

5,620,100

3200

JOURNAL OF THE HOUSE

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
State Funds Budgeted

$

57,584,314

$ 1,380,136,352

$

29,971,660

$

34,131,677

$

12,999,063

$

1,265,191

$

593,806

$

20,000

$

77,597

$

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

$

64,103,337

$

34,131,677

$

29,971,660

Departmental Functional Budgets
Administration Economic Development Trade Tourism

Total Funds

$

50,452,394 $

$

6,313,677 $

$

3,039,002 $

$

4,298,264 $

State Funds 50,452,394 6,313,677 3,039,002 4,298,264

MONDAY, MARCH 19, 2001

3201

Total

$

64,103,337 $

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 Funds

$

5,571,428 $

$

5,890,672 $

$

547,144 $

$

5,500,900 $

$

651,665 $

Total

$

18,161,809 $

Section 19. Department of Juvenile Justice.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

64,103,337
16,377,323 15,701,774
700,784 463,030 118,784
30,400 110,968 560,884 383,143 92,042
0 0
18,161,809
16,377,323
State Funds 5,571,428 5,890,672 547,144 3,716,414 651,665
16,377,323
280,719,650 164,882,547 15,009,664
2,251,610 215,273
1,131,829 3,061,748

3202

JOURNAL OF THE HOUSE

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 Children and Youth Grants Juvenile Justice Grants
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

$

Community Corrections

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Children and Youth Coordinating Council $

Total

$

$ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 67,561,311 $ 69,557,845 $ 43,198,203 $ 33,738,829 $ 612,777 $ 1,247,893 $ 45,642,436 $ 2,498,801 $ 804,033 $ 4,437,681 $ 23,329,482 $ 3,117,873 $ 2,557,915 $
298,305,079 $

Section 20. Department of Labor.

A. Budget Unit: State Funds - Department

of Labor

$

Personal Services

$

Regular Operating Expenses

$

2,880,151 2,104,066 3,161,909 2,882,340 3,142,494
655,000 0
94,989,348 0 0 0
250,000 1,687,100
298,305,079
280,719,650
State Funds 66,057,351 67,615,990 42,106,306 29,234,022 612,777 1,247,893 39,120,124 2,498,801 804,033 4,347,681 23,308,884 3,117,873 647,915
280,719,650
16,233,843 89,987,183 6,980,358

MONDAY, MARCH 19, 2001
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 Utilities Postage
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

3203

$

1,459,923

$

0

$

513,655

$

2,654,085

$

2,704,778

$

2,030,660

$

54,500,000

$

2,863,761

$

1,655,312

$

0

$

1,287,478

$

0

$ 166,637,193

$

16,233,843

$

30,416,142

$

91,371,105

$

13,850,977

$

1,814,584

$

50,582

$

1,024,559

$

5,370,911

$

7,230,026

$

4,489,327

$

2,573,235

$

3,138,419

$

41,304,191

$

935,245

$

12,899,651

$

255,000

$

1,114,789

$

0

$ 187,422,601

$

100,000

$

30,416,142

3204

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services

$

74,193,376 $

Independent Living

$

973,949 $

Employability Services

$

511,903 $

Community Facilities

$

11,121,695 $

Program Direction and Support

$

3,223,989 $

Grants Management

$

1,303,540 $

Disability Adjudication

$

54,867,080 $

Georgia Industries for the Blind

$

11,851,925 $

Roosevelt Warm Springs Institute

$

29,375,144 $

Total

$

187,422,601 $

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

$

State Funds Budgeted

$

Section 22. Merit System of Personnel Administration.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Equipment

$

State Funds 14,839,728 458,969 511,903 3,501,205 1,746,343 1,303,540 0 752,550 7,301,904
30,416,142
16,147,017 15,473,918
757,474 199,322
0 14,375 318,202 837,469 196,787 19,500,000
0 157,000
37,454,547
16,147,017
0 8,426,738 1,030,568
107,263 0

MONDAY, MARCH 19, 2001
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 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

3205

$

602,758

$

394,850

$

844,740

$

1,883,665

$

184,400

$

13,474,982

$

0

$

1,438,553

$

11,330,988

$

705,441

$

0

$ 154,176,011

$

92,018,493

$

14,988,847

$

815,783

$

1,488,238

$

1,784,982

$

3,211,208

$

2,498,782

$

10,494,216

$

1,064,418

$

1,410,650

$

0

$

675,000

$

1,333,056

$

1,225,176

$

2,836,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

3206

JOURNAL OF THE HOUSE

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 Payments to Georgia Agrirama Development Authority for operations 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

$

800,000

$

500,000

$

0

$

0

$

0

$

0

$

170,047

$

315,649

$

300,000

$

0

$

66,000

$

7,595,077

$

6,132,574

$

0

$

2,175,696

$

100,000

$

31,000

$

24,000

$

1,005,837

$

30,000,000

$ 188,511,722

$

840,190

$

0

$

1,331,931

$

1,434,982

$

200,000

$ 154,176,011

MONDAY, MARCH 19, 2001

3207

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

$

36,048,788 $

$

7,164,315 $

$

3,295,207 $

$

41,774,381 $

$

2,573,493 $

$

40,193,597 $

$

56,674,046 $

$

787,895 $

$

188,511,722 $

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

$

State Funds 36,033,788 7,164,315 2,805,207 23,637,941 2,402,631 34,881,626 46,462,608 787,895
154,176,011
0
3,458,977 2,302,817
25,000 0
95,000 15,000
0 80,000 121,000 784,000
0

Total Funds Budgeted
State Funds Budgeted
C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$

6,851,794

$

0

$

0

$

1,252,837

$

201,000

$

12,000

$

0

$

32,000

3208

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted

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 Travel

$

9,500

$

0

$

8,000

$

96,500

$

0

$

125,000

$

120,000

$

1,856,837

$

0

$

52,691,248

$

42,487,887

$

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

$

52,691,248

$

52,691,248

$ 122,518,770

$

74,752,090

$

10,304,201

$

246,939

MONDAY, MARCH 19, 2001

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

Administration

$

Driver Services

$

$ $ $ $ $ $ $ $ $ $
$ $
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 24,701,160 $ 25,102,971 $

3209
5,593,750 921,115
3,159,710 28,962
2,829,632 567,500 511,800 145,100 0 5,000
99,065,799 1,650,000
97,415,799
20,450,510 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
25,102,971 0
25,102,971
State Funds 23,201,160 25,102,971

3210

JOURNAL OF THE HOUSE

Field Operations

$

Total

$

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

74,364,639 $
124,168,770 $
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$

74,214,639
122,518,770
16,099,644
10,405,181 2,667,657
111,389 45,000
146,880 232,841 323,927 322,363
66,850 294,712 2,425,200 3,189,568 150,000
20,381,568

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

$

Section 26. Public School Employees' Retirement System.

$

16,099,644

Total Funds 3,698,404 $ 1,647,930 $ 1,289,122 $ 1,467,354 $ 514,409 $
11,764,349 $
20,381,568 $

State Funds 690,480
1,647,930 1,199,122 1,357,354
514,409
10,690,349
16,099,644

MONDAY, MARCH 19, 2001

3211

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 and Fees Contracts

$

13,499,104

$

625,000

$

12,874,104

$

13,499,104

$

13,499,104

$

10,698,926

$

9,648,926

$

623,956

$

272,938

$

111,888

$

63,760

$

395,086

$

525,388

$

226,108

$

1,301,182

$

300,000

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident Instruction

$

13,469,232

$

10,698,926

Total Funds 3,127,360 $ 4,367,381 $ 5,974,491 $
13,469,232 $

State Funds 3,127,360 1,870,386 5,701,180
10,698,926

$ 1,516,942,733

3212

JOURNAL OF THE HOUSE

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 Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants

$

6,661,821

$ 1,659,481,759 $ 256,440,564

$ 405,776,297

$ 740,373,595

$

34,070,755

$

1,738,576

$

377,689

$

1,053,433

$

33,248,765

$

0

$ 3,132,561,433

$ 116,021,107

$ 996,814,158

$ 493,082,114

$

3,039,500

$

6,661,821

$ 1,516,942,733

$ 230,047,421

$ 136,279,793

$

65,746,167

$

93,151,915

$ 225,355,657

$

3,000,433

$

22,290,195

$

0

$

30,000

$

5,839,421

$

928,525

$

600,000

MONDAY, MARCH 19, 2001

Rental Payments to Georgia Military College 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

$

$
$
$ $
$ $ $ $ $
$
Total Funds 2,635,227 $ 5,272,907 $ 1,922,504 $
112,555,845 $
22,290,195 $ 76,571,892 $ 63,570,444 $ 232,095,924 $
3,893,561 $ 5,456,552 $ 3,625,810 $ 3,356,971 $ 32,848,247 $ 37,154,168 $ 6,581,734 $
609,831,981 $

D. Budget Unit: State Funds - Georgia

Public Telecommunications

$

Commission

3213
1,434,350
21,294,225
33,881,300 0
609,831,981 7,633,100
301,016,038 70,591,922
543,500
230,047,421
State Funds 1,765,480 1,921,787 1,154,871
10,456,021
9,683,195 48,401,665 40,513,709 37,681,648
3,893,561 604,391 0 3,001
32,741,398 34,644,960 6,581,734
230,047,421
0

3214

JOURNAL OF THE HOUSE

Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$

15,517,559

$

14,875,994

$

4,040,278

$

2,784,685

$

37,218,516

$

37,218,516

$

0

$

8,966,000

$

0

$

0

$

1,500,000

$

7,466,000

$

0

$

0

$

0

$

0

$

8,966,000

$

8,966,000

$ 361,500,303

$

70,065,866

$

6,676,377

$

1,166,361

$

151,411

$

414,964

$

11,572,912

$

7,627,808

$

3,272,341

$

259,730

MONDAY, MARCH 19, 2001

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 Funds 27,544,517 $ 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 $

3215
1,604,600 4,272,795
0 2,404,350 3,486,575 4,902,668 249,000,000
366,878,758 3,845,000
361,500,303
State Funds 27,544,517 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

Total

$

Section 30. Secretary of State.
A. Budget Unit: State Funds - Secretary of State
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

366,878,758 $ 361,500,303

$

31,676,095

$

19,458,900

$

2,981,386

$

234,150

$

166,455

$

81,111

$

3,218,735

$

3,744,758

3216

JOURNAL OF THE HOUSE

Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay
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

$

$ $ $ $ $
$
$
Total Funds 4,751,142 $ 5,755,861 $ 375,873 $ 2,336,475 $ 2,225,429 $ 4,804,512 $ 1,503,909 $ 549,478 $
10,098,325 $ 320,091 $
32,721,095 $

E. 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 and Fees

$

Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

863,974 560,721 770,005 640,900
0
32,721,095
31,676,095
State Funds 4,721,142 5,680,861 375,873 1,616,475 2,175,429 4,784,512 1,503,909 549,478 9,948,325 320,091
31,676,095
2,390,311 1,486,966
175,000 37,000 34,000 10,000 262,345 171,000 86,000 0 128,000
2,390,311
2,390,311

MONDAY, MARCH 19, 2001

3217

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 and Fees Contracts County Conservation Grants
Total Funds Budgeted

State Funds Budgeted

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

State Funds 2,390,311 $

Cost of Operations
2,430,311

$

3,456,699

$

1,784,512

$

275,843

$

45,030

$

33,400

$

18,473

$

15,953

$

133,400

$

35,115

$

144,378

$

1,525,000

$

86,000

$

4,097,104

$

3,456,699

$

40,974,110

$

571,088

$

26,815

$

19,000

$

0

$

6,300

$

20,233

$

52,615

$

12,091

$

7,000

3218

JOURNAL OF THE HOUSE

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

$

$ $ $ $ $ $
$ $ $ $ $ $ $ $
$
$
Total Funds 40,219,262 $
754,848 $
40,974,110 $

39,706 0
4,897,607 29,579,150
0 70,300
362,080 41,226 40,000 521,220
0 0 1,013,712 3,693,967
40,974,110
40,974,110
State Funds 40,219,262
754,848
40,974,110

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

$ 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

MONDAY, MARCH 19, 2001
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
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

3219
$ 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

$ 277,257,222

$

6,518,604

$

413,890

$

132,000

$

0

$

57,741

$

550,846

$

162,389

$

229,876

3220

JOURNAL OF THE HOUSE

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 Funds 9,017,654 $
343,986,685 $

836,328 115,980 6,016,543 230,599,694 63,085,545 6,656,215 20,310,023 3,812,141 13,506,524
353,004,339
277,257,222
State Funds 6,957,866
270,299,356

Total

$

353,004,339 $ 277,257,222

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

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 645,088,005

$ 281,447,355

$

65,603,093

MONDAY, MARCH 19, 2001

3221

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

$

2,249,526

$

2,000,000

$

9,023,065

$

12,739,946

$

1,765,434

$

5,888,951

$

87,120,247

$

17,832,611

$ 1,033,486,883

$

3,798,827

$

13,530,481

$

710,855

$

575,391

$ 1,537,772,665

State Funds Budgeted

$ 645,088,005

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration
Total

Total Funds

$ 1,228,033,670 $

$

234,662,969 $

$

19,606,694 $

$

26,876,226 $

$ 1,509,179,559 $

State Funds 367,512,916 217,639,914
18,874,694 25,972,476
630,000,000

General Funds Budget

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities $

Total

$

1,215,114 $ 0$
12,756 $ 5,239,414 $ 21,414,967 $
710,855 $
28,593,106 $

1,215,114 0
12,756 4,594,744 8,554,536
710,855
15,088,005

Section 36. Department of Veterans Service.

3222

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 Operating Expense/Payments to Medical College of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and Insurance

$

23,235,769

$

5,924,038

$

297,803

$

109,000

$

0

$

163,057

$

27,080

$

224,911

$

83,660

$

24,500

$

17,786,000

$

8,073,344

$

0

$

0

$

436,000

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Veterans Assistance Education and Training Veterans Nursing Home-Augusta
Total

Total Funds

$

25,029,720 $

$

0$

$

8,119,673 $

$

33,149,393 $

Section 37. Workers' Compensation Board.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

33,149,393
23,235,769
State Funds 18,001,640 0 5,234,129
23,235,769
12,488,917 10,303,472
437,115 140,600
0 9,288 261,976

MONDAY, MARCH 19, 2001

3223

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted

$

1,299,338

$

187,828

$

109,300

$

0

$

0

$

12,748,917

$

12,488,917

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)

$ 575,708,563

$

0

$ 575,708,563

$

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,

3224

JOURNAL OF THE HOUSE

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 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:

MONDAY, MARCH 19, 2001

3225

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

Description

City of Pelham Purchase mechanical equipment for sanitary sewer

maintenance for the City of Pelham

Mitchell County Establish Smart Moves Program for the Mitchell

County Boys and Girls Club

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

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

Amount $ 25,000 $ 12,000 $ 20,000 $ 30,000 $ 10,000 $ 10,000 $ 21,000
$ 15,000
$ 10,000 $ 9,000 $ 10,000
$ 20,000 $ 10,000 $ 10,000

3226

JOURNAL OF THE HOUSE

Board of

Education

Irwin County Construct a veterans' memorial in Irwin County

$ 10,000

City of Fitzgerald

Install lights at football stadium in the City of Fitzgerald

$ 20,000

Coffee County Repair awnings and sidewalks to mobile units at

Board of

elementary schools in Coffee County

$ 7,000

Education

City of

Repair lighting and fences, construct softball field and

Willacoochee purchase fire equipment for the City of Willacoochee

$

5,000

City of Pearson Downtown beautification and equipment for street department in the City of Pearson

$ 5,000

City of Social Restoration of the interior of Gunter-Hall in the City of

Circle

Social Circle

$

5,000

Clayton County Contract for services with the Calvary Refuge Center shelter for the homeless in Clayton County

$ 20,000

Atkinson County Purchase athletic equipment, band instruments and

Board of

playground equipment for Atkinson County High

$ 7,000

Education

School and Pearson Elementary School

Coffee County Construct a fire station in the Wilsonville Fire District in Coffee County

$

5,000

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

Board of

practice field at Lovejoy High School in Clayton

$ 10,000

Education

County

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

$ 25,000

Clayton County

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

Board of

Laurens County High School

$ 5,000

Education

MONDAY, MARCH 19, 2001

3227

Laurens County Purchase band uniforms and equipment for East

Board of

Laurens County High School

Education

City of Shellman Honor veterans of all wars through flag displays at

graves and monuments in Randolph County

DeKalb County Contract with Project New Directions, Inc. to provide

child abuse awareness program in DeKalb County

DeKalb County Contract for services with Scottdale L.I.F.E. Program

(Leading Individuals To Fitness and Exercise) to

provide awareness campaign in DeKalb County

DeKalb County Contract for services with Scottdale Child

Development and Family Resource Center, Inc. to

provide early childhood development program in

DeKalb County

Houston County Purchase of new furniture for Houston County Library

Library

Trustees

Tift County

Facility for Junior livestock programs in Tift County

Houston County Operation of Collaborative Learning Network in

Board of

Houston County

Education

City of Perry Land acquisition and improvements to property for

Perry Downtown Development Authority

Georgia

Purchase equipment and program enhancements for the

Mountains

Happy Horse Farm in the City of Lula

Regional

Development

Authority

Gainesville City Purchase lights for football practice field and track

Board of

around 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

Board of

Central Gwinnett High School

Education

Augusta/

Contract with Augusta Players to provide Artreach

Richmond

Theater Program in Richmond County

County

DeKalb County Repair and purchase new band uniforms and

$ 5,000 $ 2,000 $ 2,000 $ 5,000
$ 3,000
$ 50,000 $ 15,000 $ 50,000 $ 150,000
$ 10,000
$ 40,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000

3228

JOURNAL OF THE HOUSE

Board of

instruments for Southwest DeKalb High School and

Education

complimenting programs for PTA

City of

Construction of portrait gallery in Georgia's

Milledgeville Antebellum Capitol Museum in the City of

$ 20,000

Milledgeville

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Columbia High School and

$ 5,000

Education

complimenting programs for PTA in DeKalb County

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Towers High School and

$ 5,000

Education

complimenting programs for PTA in DeKalb County

City of Macon Implement an After-School Tennis and Tutorial

Program at Middle Georgia Tennis Academy Inc in the $ 20,000

City of Macon

City of Savannah Contract with Chatham Savannah Youth Services Corps. to support Savannah Impact Program

$ 20,000

City of Savannah Contract with Gamma Sigma Omega of Alpha Kappa

Alpha to provide a life skills community program for

$ 4,000

the City of Savannah

Americus/

Construct two football/soccer fields at current

Sumter

recreational complex in Sumter County

Parks and

$ 61,000

Recreational

Authority

DeKalb County Programs complimenting PTA programs at Atherton,

Board of

Canby Lane and Glen Haven Elementary Schools in

$ 3,000

Education

DeKalb County

DeKalb County Programs complimenting PTA programs at Peachcrest,

Board of

Rainbow, Rowland Elementary Schools in DeKalb

$ 4,000

Education

County

DeKalb County Programs complimenting PTA programs at Snapfinger

Board of

Elementary and Woodridge Elementary Schools in

$ 2,000

Education

DeKalb County

Glynn County Install Tuflex flooring in the Glynn Academy weight

Board of

room in Glynn County

$ 10,000

Education

City of Darien ESGP Homeless Supportive Housing Operations in the City of Darien

$ 20,000

City of Fayetteville

Purchase of a thermal imaging camera for the Fayetteville Fire Department

$ 20,000

Irwin County

Construct little league ballfield, bathroom and concession stand for Irwin County

$ 10,000

DeKalb County Neighborhood improvement and beautification projects $ 5,000

MONDAY, MARCH 19, 2001

3229

for four DeKalb County communities

Chatham County Purchase chemical/biological protective equipment and

self contained breathing apparatus for the Chatham

$ 35,000

County Police Department

City of Screven Furnish fire station and equipment with emergency vehicle in the City of Screven

$ 20,000

City of Marietta Construction of an indoor batting facility at Marietta

Board of

High School

$ 50,000

Education

DeKalb County Neighborhood improvement and beautification projects for five DeKalb County communities

$

10,000

Wilcox County Construct and expand the ballfield, bathroom and

concession stand for the Wilcox County Little League

$ 10,000

program

DeKalb County Neighborhood improvements and beautification projects for five DeKalb County communities

$ 7,000

East Central

Purchase a van for the East Central Georgia Regional

Georgia

Library in Richmond County

Regional

$ 25,000

Library

Trustees

Long County

Purchase firefighting equipment and renovate the Long County Courthouse

$ 25,000

Columbia

Purchase lighting system for the performing auditorium

County Board of

at Evans High School in Columbia County

$ 17,500

Education

Columbia

Purchase technology improvements for the South

County Board of

Columbia Elementary School in Columbia County

$ 5,000

Education

Columbia

Purchase equipment and supplies for special education

County Board of

students in Columbia County

$ 2,500

Education

Columbia County

Construct bleachers for the Martinez Evans Little League in Columbia County

$ 10,000

Stephens County Purchase fire hoses and equipment for the Big Smith Volunteer Fire Department in Stephens County

$ 7,000

City of Atlanta Improve facade and parking lot and purchase

equipment for the Sweet Auburn Curb Market in the

$ 40,000

City of Atlanta

City of East

Contract with East Point Athletic League to provide

$ 25,000

3230

JOURNAL OF THE HOUSE

Point

programs and equipment for at-risk youth

City of Cave Springs

Maintenance for Water Treatment Plant in the City of Cave Springs

$ 30,000

City of Rome Computer Lab for Model High School in the City of

Board of

Rome

$ 30,000

Education

Cartersville

Lights for Adairsville High Baseball field

Board of

$ 20,000

Education

Cobb County Purchase computers, sound, cable and other equipment

Board of

and operation cost at the Nickajack Elementary school $ 12,000

Education

in Cobb County

City of Homeland

Preservation and restoration of historic structures owned by City of Homeland

$ 25,000

Cobb County Purchase 18 classroom framed markers boards(4 x 16)

Board of

at the Teasley Elementary School in Cobb County

$ 12,000

Education

Cobb County Purchase two-way radio communication equipment(30

Board of

units) at the Sedalia Elementary School in Cobb

$ 5,000

Education

County

Cobb County Construct a covered walkway and other purposes at the

Board of

Sedalia Elementary School in Cobb County

$ 15,000

Education

Crisp County

Construction of fire station to house fire truck at Hartley Fire Station in Crisp County

$ 10,000

Athens/Clarke Purchase Library Spanish language materials for the

County Library Athens/Clarke County Library System

$ 10,000

Trustees

Colquitt County Purchase overhead fans in canning area of Colquitt

Board of

County High School

$ 1,000

Education

City of Atlanta Restoration of 10th Street Meadow in Piedmont Park for the City of Atlanta

$ 15,000

Clayton County Purchase a SVI-Scan Projector for the Lillie E. Suder

Board of

Elementary School in Clayton County

$ 4,000

Education

Glascock County Restoration of courthouse in Glascock County

$ 10,000

McDuffie County

Purchase of Life Pak Cardiac Monitor and cell phones for the McDuffie County EMS

$ 10,000

McDuffie County

Restoration of historic Rock House in McDuffie County

$ 5,000

Clayton County Purchase and install fence at the playground and ballfield area at Hawthorne Elementary in Clayton

$ 10,000

MONDAY, MARCH 19, 2001

3231

County

City of Albany Contract for a health clinic for underprivileged citizens through Union Outreach Mission in the City of Albany

$ 20,000

City of Adairsville

Renovation of the City of Adairsville City Hall

$ 20,000

Baldwin County Purchase lightweight air cylinders for county fire stations in Baldwin County

$ 20,000

Baldwin County Technical improvements to the County Land Use Codes and digital mapping capacity in Baldwin County

$

10,000

Baldwin County Continuation of victim assistance programs in Baldwin County

$

20,000

City of Carrollton

Resource and library books for Holocaust Teacher Training and Resource Center in the City of Carrollton

$ 10,000

City of Avondale Create a Summer Youth Recreational Program for the

Estates

City of Avondale Estates

$ 20,000

City of Valdosta Contract with Valdosta Blockclub Fed. for crime prevention and Valdosta neighborhood stabilization

$ 2,000

City of Valdosta Repair to Lowndes County Historical Society and Museum

$ 4,000

City of Hahira Construct playing field and purchase equipment for North Lowndes Recreation Park

$ 20,000

City of Lakeland Enhancement for the W. L. Miller Library in City of

Library

Lakeland

$ 10,000

Trustees

City of

Purchase fire equipment and replace roof of fire station

Crawfordville in the City of Crawfordville

$

5,000

Warren County Purchase EMS and fire equipment for Warren County

$ 12,000

Clayton County Purchase equipment for the physical education

department of Mundy's Mill Middle School in Clayton $ 7,000

County

City of Dublin Renovations and improvements for Shamrock Stadium

Board of

in the City of Dublin

$ 75,000

Education

Augusta/

Contract for services with Good Hope Social Services

Richmond

for summer and after-school tutorial programs in

$ 21,000

County

Richmond County

Gwinnett County Construction of bleachers around the varsity baseball

Board of

field at Berkmar High School in Gwinnett County

$ 20,000

Education

City of Darien Purchase sanitation truck for the City of Darien

$ 20,000

City of Eatonton Restoration of Madison Avenue School project for the City of Eatonton

$ 40,000

City of Pinehurst Renovation of downtown Pinehurst

$ 10,000

3232

JOURNAL OF THE HOUSE

City of Mt. Zion Renovate a former factory building into a Community Center for the City of Mount Zion

$ 20,000

DeKalb County Contract with Thankful Baptist CDC to provide senior service in DeKalb County

$ 10,000

City of

Purchase fire fighting equipment for the City of

Bloomingdale Bloomingdale

$ 25,000

DeKalb County Renovation to the ART Station Facility in DeKalb County

$ 30,000

DeKalb County Contract for services with ART Station, Inc. for after school and summer programs in DeKalb County

$ 15,000

City of

Contract with Urban League of Greater Columbus for

Columbus

the Youth Challenge 2001 Project in the City of

$ 25,000

Columbus

Taliaferro County

Purchase of computer/software and equipment for Taliaferro County Sheriff's Department

$ 5,000

City of Social Construct and implement an open-air farmer's market

Circle

and upgrade facade of surrounding buildings in Social

$ 50,000

Circle

Hancock County Purchase fire equipment for Hancock County Fire Department

$ 10,000

Clayton County Teacher training and purchase computer software and

Board of

hardware for Rivers Edge Elementary in Clayton

$ 6,000

Education

County

Augusta/

Contract with Shiloh Comprehensive Community

Richmond

Center to provide after school programs in Richmond

$ 5,000

County

County

Augusta/

Contract with Bell Terrace Community Center and May

Richmond

Park Community Center to provide summer youth

$ 5,000

County

programs in Richmond County

Cobb County Construction of concrete sidewalks and playscapes and

sodding around the playscapes at Blackwell Elementary $ 15,000

in Cobb County

Gwinnett County Purchase instructional materials for Chattahoochee,

Board of

Berkeley Lake and BB Harris Elementary Schools in

$ 25,000

Education

Gwinnett County

Augusta/

Contract for services with CSRA Transitional Center,

Richmond

Inc. in Augusta to provide counseling and alternative

$ 5,000

County

programs to combat juvenile delinquency

Augusta/

Contract for services with Beulah Grove Community

Richmond

Resources Center, Inc. to provide health care and

$ 15,000

County

counseling services in Richmond County

Augusta/ Richmond

Contract for services with Neighborhood Improvement Project, Inc. to provide health care and counseling in

$ 10,000

MONDAY, MARCH 19, 2001

3233

County

Richmond County

City of Byron

Repairs to Old Byron Elementary School for the City of Byron

$

10,000

Crawford County Upgrade Agriculture Education Lab and classroom

Board of

facilities at Crawford County High School

$ 15,000

Education

City of Graham Purchase fire truck for the City of Graham

$ 20,000

Telfair County Construct running track at football field in Telfair

Board of

County

$ 5,000

Education

City of Baxley Renovate recreation building in the City of Baxley

$ 10,000

Lanier County Landscaping and playground equipment for the M. L. K. Jr Park in Lanier County

$ 10,000

Wayne County Construct fire protection building for Madray Springs

Board of

Community in Wayne County

$ 30,000

Commissioners

Berrien County Construct fire station in New Lois Community and Commission provide firefighting equipment for Berrien County

$ 25,000

City of Valdosta Purchase furniture and equipment for Southside Library

Library

in the City of Valdosta

$ 5,000

Trustees

City of Valdosta Contract with LAMP to provide Transitional Housing

Program for homeless women and children in the City

$ 10,000

of Valdosta

City of Valdosta Service learning project for Valdosta School System

Board of

$ 3,000

Education

City of Arabi

Improvements to Arabi Community Walking Track and to the grounds at Arabi City Hall

$

10,000

City of Sparta Downtown beautification and revitalization for City of Sparta

$

5,000

Clayton County Purchase software for the Media Center at Kemp

Board of

Elementary School in Clayton County

$ 5,000

Education

Columbus/

Contract with Combined Communities of S.E.

Muscogee

Columbus for tutorial program for at-risk youth in

$ 25,000

County

Muscogee County

Columbus/

Contract for services with the Columbus for Kids, Inc.

Muscogee

to provide services to at risk children in Muscogee

$ 50,000

County

County

Columbus/

Purchase defibrillators for public safety vehicles,

Muscogee

schools and CPR training in Middle and high schools in $ 50,000

County

Muscogee County

3234

JOURNAL OF THE HOUSE

Columbus/

Contract for services with the Springer Opera House

Muscogee

for 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

Board of

Gwinnett 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

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

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

Board of

Cedar 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

Crawfordville Center

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

$ 125,000
$ 25,000
$ 20,000 $ 10,000 $ 10,000 $ 21,000 $ 10,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 $ 20,000 $ 10,000 $ 15,000
$ 35,000 $ 30,000 $ 10,000 $ 15,000 $ 30,000

MONDAY, MARCH 19, 2001

3235

Center in the City of Albany

South Georgia Purchase library truck for South Georgia Regional

Regional Library

Library in the City of Valdosta

$ 15,000

Trustees

Augusta/

Contract for services with the Augusta Youth Center

Richmond

for youth inner city youth program

$ 10,000

County

City of Albany After school tutorial program through the Greater Mt. Olive Outreach Center, Inc. in the City of Albany

$ 10,000

City of Valdosta Maintenance and repair of Valdosta/Lowndes County Arts Commission Building

$ 5,000

DeKalb County Contract for services with South DeKalb Improvement

Board of

Initiative to provide personnel, books and materials for $ 25,000

Education

elementary schools in South DeKalb

Clayton County Purchase of amenities for Jesters Creek Trail Jonesboro in Clayton County

$

20,000

Clayton County Purchase of teaching materials for special ed students at

Board of

M.D. Roberts Middle School in Clayton County

$ 5,000

Education

Clayton County Park development in East Clayton County

$ 16,000

Chattahoochee Purchase classroom furniture, equipment and carpet for

County Board Chattahoochee County Education Center

$ 50,000

of Education

DeKalb County Purchase equipment for McNair Middle School in

Board of

DeKalb County

$ 10,000

Education

City of Powder Develop public park space along the Silver Comet Trail

Springs

for the City of Powder Springs

$

30,000

Carroll County Construct veteran park on county land in Carroll County

$ 30,000

City of Appling Purchase equipment for fire fighting for Leah Volunteer Fire Department in City of Appling

$ 5,000

Columbia

Playground equipment and improvements for the North

County Board of

Harlem Elementary School in Columbia County

$ 2,000

Education

Columbia

Security fence around campus of Blue Ridge

County Board of

Elementary in Columbia County

$ 5,000

Education

Columbia County

Outdoor classroom for Greenbriar Elementary School in Columbia County

$ 5,000

3236

JOURNAL OF THE HOUSE

Board of

Education

Columbia

Purchase wireless technology upgrade at Martinez

County Board of

Elementary in Columbia County

$ 5,000

Education

Columbia

Purchase wireless technology upgrade at Stevens Creek

County Board of

Elementary in Columbia County

$ 5,000

Education

Columbia

Outdoor classroom for Westmont Elementary School in

County Board of

Columbia County

$ 2,000

Education

Columbia

Outdoor Classroom for Lakeside Middle School in

County Board of

Columbia County

$ 10,000

Education

City of Leslie

Repair downtown city buildings for downtown renovation and use by City of Leslie

$ 25,000

City of DeSoto Construction of a new fire station building in the City of DeSoto

$ 50,000

Jenkins County Purchase of Millen/Jenkins County Rescue Unit Vehicle

$ 10,000

Wayne County Purchase of storm windows for Wayne County Library

Library

$ 5,000

Trustees

Bryan County Purchase playground equipment for Lanier Elementary

Board of

in Bryan County

$ 10,000

Education

Douglas County Science Lab technology equipment for Alexander High

Board of

School in Douglas County

$ 20,000

Education

Tattnall County Repair roof on the Glenville Middle School gymnasium

Board of

in Tattnall County

$ 5,000

Education

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$ 5,000

Education

Tattnall County Purchase emergency equipment for Tattnall Emergency Management Agency

$ 10,000

City of Claxton Purchase a traffic unit vehicle for Claxton Police Department

$ 5,000

MONDAY, MARCH 19, 2001

3237

City of Claxton Purchase protective gear and breathing apparatus tanks for Claxton Volunteer Fire Department

$

5,000

Clayton County Purchase of television equipment for Mount Zion High

Board of

School in Clayton County

$ 10,000

Education

Clayton County Purchase supplemental teaching materials for Morrow

Board of

High School in Clayton County

$ 15,000

Education

Clayton County Purchase of safety cameras for Jonesboro High School

Board of

in Clayton County

$ 10,000

Education

Clayton County Purchase of teaching supplies for Morrow Middle

Board of

School in Clayton County

$ 15,000

Education

Clayton County Purchase of supplies for health clinic at Adamson

Board of

Middle School in Clayton County

$ 5,000

Education

Chatham County Promote and enhance leisure opportunities in Chatham County and provide capital equipment improvements

$ 45,000

Columbia

Purchase wireless technology upgrade at Riverside

County Board of

Middle School in Columbia County

$ 10,000

Education

Columbia

Athletic improvements for Greenbriar High School in

County Board of

Columbia County

$ 15,000

Education

Columbia

Athletic improvements at Lakeside High School in

County Board of

Columbia County

$ 15,000

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

3238

JOURNAL OF THE HOUSE

Commissioners

Ware County Improvements to the Ware County High School

Board of

Stadium

Education

City of

Contract for services with Play and Learn Together

Columbus

Program in City of Columbus

Effingham

Equipment for Effingham County High School Athletic

County Board Department

of Education

Franklin County Purchase computer equipment for Life Connections

Board of

Program at Franklin City High School

Education

City of Royston Irrigation and sodding of ballfields for Royston Little

League

City of Lavonia Construction at City Park in City of Lavonia

Franklin County Repair and renovation of Livestock Building in

Board of

Franklin County

Education

City of Franklin Purchase fire truck for City of Franklin Springs

Springs

Columbus/

Contract for services with Boys and Girls Club of

Muscogee

Columbus to provide computer services program in

County

Muscogee County

City of Rome Purchase sprinkler system for the Rome History

Museum

City of Rome Restore Chieftain's Museum to its original state for the

City of Rome

City of Rome Funds for Rome Exchange Club Child Abuse

Prevention Program

Clayton County Purchase of reading materials for Mount Zion

Board of

Elementary School in Clayton County

Education

Cobb County Construction of dugouts, scorer's booth/press box, and

Board of

fencing at the girls' fast pitch softball facilities at

Education

Lassiter High School in Cobb County

Cobb County Construct football field, repair sprinkler system and

Board of

construct/renovate storage building for Sprayberry

Education

High School in Cobb County

Cobb County Construction of a storm sewer drainage system at the

Board of

football concession stand facilities for Sprayberry High

Education

School in Cobb County

City of Savannah Build bronze monument commemorating history of

African Americans for the City of Savannah

$ 35,000 $ 15,000 $ 10,000
$ 10,000 $ 10,000 $ 10,000 $ 20,000 $ 25,000 $ 120,000 $ 20,000 $ 20,000 $ 20,000 $ 5,000
$ 15,000
$ 25,000
$ 10,000 $ 10,000

MONDAY, MARCH 19, 2001

Murray County Enhancements for Murray County Senior Citizens

Center programs and provide transportation needs

City of

Historic restoration project for the City of Chatsworth

Chatsworth

Columbia

Construct multi-purpose athletic building at Harlem

County

High School in Columbia County

Board of

Education

Bulloch County Pave bus driver training obstacle course in Bullock

Board of

County

Education

DeKalb County Purchase supplies, materials and contract for services

with South DeKalb Improvement Initiative for senior

citizens recreational therapy in Dekalb County

City of Jefferson Renovation of Jefferson High School health

Board of

occupation labs for the City of Jefferson

Education

Burke County Burke County Library planning phase of new library

Library

Trustees

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

Richmond

Weed and Seed literacy program

County

Randolph

Replace carpeting and repair damage to walls of

County

Randolph/Clay High School

Board of

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 New Savannah Road Social

Richmond

Services for Multiple Purpose Community Center to

County

accommodate expansion of services in Richmond

County

Augusta/

Contract for services with New Hope Community

Richmond

Center in the City of Augusta

County

3239 $ 10,000 $ 20,000 $ 35,000 $ 15,000 $ 10,000 $ 10,000 $ 10,000 $ 22,000 $ 10,000 $ 20,000 $ 25,000 $ 30,000 $ 50,000 $ 10,000

3240

JOURNAL OF THE HOUSE

Muscogee

JROTC equipment enhancements for Kendrick High

County Board School in Muscogee County

$ 10,000

of Education

McDuffie County

Purchase Life Cardiac Monitor and cell phones for EMS staff in McDuffie County

$ 2,000

Chatham County Construct a multi-use neighborhood park in Chatham County

$ 10,000

City of Guyton Purchase a front-end loader/backhoe for City of Guyton $ 10,000

Effingham

Purchase rescue equipment for Clyo Volunteer Fire

County Board Department in Effingham County of

$ 10,000

Commissioners

Bryan County Technology lab for Bryan County Elementary School

Board of

in Bryan County

$ 5,000

Education

Cobb County

Install fencing and netting at Big Shanty Park in Kennesaw, Georgia

$ 15,000

DeKalb County Create an outdoor environmental classroom at Toney

Board of

Elementary School in Dekalb County

$ 7,000

Education

DeKalb County Contract with The Forest at Columbia Resident

Association for after school tutorial and computer

$ 2,000

program in DeKalb County

City of Atlanta Installation of handicapped equipment at public venues

for South East Community Cultural Center, Inc. in the

$ 10,000

City of Atlanta

City of Valdosta Contract with Keep Valdosta/Lowndes Beautiful to provide an anti-litter program

$ 5,000

Screven County Purchase materials update for Screven County Library

Library

$ 30,000

Trustees

DeKalb County Purchase school marquee for Columbia Elementary

Board of

School in DeKalb County

$ 6,000

Education

Jackson County Furnish and equip Jackson County Volunteer Fire Training Facility

$ 10,000

Grady County Remodel and upgrade present building housing fire

truck for the Calvary Volunteer Fire Department in

$ 10,000

Grady County

Grady County Remodel and upgrade livestock pavilion in Grady County

$ 5,000

Randolph County

Furnish outpatient mental health/substance abuse facility in Randolph County

$ 22,000

MONDAY, MARCH 19, 2001

3241

Randolph County

Construct fire station/voting precincts in Springdale, Carnegie and the Fourth District in Randolph County

$ 20,000

Quitman County Replacement of fire pumper truck lost in fire for Quitman County

$ 25,000

Crawford County Furnishings and fixtures for new courthouse in Commission Crawford County

$ 20,000

DeKalb County Contract with Lynwood Park Community Project, Inc.

Board of

for home renovation project and purchase of supplies

$ 25,000

Commissioners and office equipment in DeKalb County

Talbot County Purchase furnishings for New Horizons CSB mental health

$ 30,000

City of Wadley Remodeling of Wadley Community Center

$ 20,000

Cobb County Purchase and install safety lights from main building to

Board of

P.E. building at Kincaid Elementary in Cobb County

$ 5,000

Education

Macon County Purchase computer system for Macon County Sheriff's Department

$ 20,000

City of Dalton Contract for services with the Northwest Georgia Girls' Home in the City of Dalton

$

10,000

Hall County

Recondition the East Hall baseball field in Hall County

Board of

$ 35,000

Education

Macon County Renovation of portion of Oglethorpe Government Office Building

$ 20,000

Chattooga

Purchase and install ceiling fans and door at Chattooga

County Library County Library

$ 10,000

Trustees

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

$ 20,000

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

$ 2,000

seniors in DeKalb County

Cobb County Construct bleachers at Osborne High in Cobb County

Board of

$ 10,000

Education

Cobb County Board of

Replace Security System at Osborne High in Cobb County

$ 10,000

3242

JOURNAL OF THE HOUSE

Education

Clayton County Athletic equipment, fine arts program, and band

Board of

programs 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

Board of

in Greene County

$ 15,000

Commissioners

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for Oliver Elementary School in Clayton

$ 5,000

Education

County

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for North Clayton Middle School in Clayton $ 5,000

Education

County

Augusta/

Contract for services with Augusta/Richmond

Richmond

Opportunities Center, Inc. to provide after school and

$ 5,000

County

enrichment programs

City of Climax Renovation of the Community Senior Citizens Center for the City of Climax

$ 10,000

Chattahoochee Purchase computer, printer and internet service for the

County

Chattahoochee County Sheriff's Department

$

2,000

City of Lavonia Purchase of vehicle and equipment for the Lavonia Police Department

$ 25,000

City of Toccoa Field improvements for City of Toccoa Little League

$ 15,000

Dougherty County

Construct and landscape a memorial to Confederate soldiers in Dougherty County

$ 25,000

City of Talbotton City of Talbotton downtown revitalization project

$ 20,000

Town of Thunderbolt

Assistance with critical water/well restoration project in the City of Thunderbolt

$

35,000

Colquitt County Facilitate improvements in the Autreyville Community

Board of

Volunteer Fire Department in Colquitt County

$ 15,000

Commissioners

DeKalb County Little league teams programs at the Belvedere Athletic Association in DeKalb County

$

5,000

City of Lyons Construction of teeball field and improvements to parking facilities in the City of Lyons

$ 10,000

City of Alamo Expansion of the Alamo Fire/Police Department complex

$ 10,000

Clayton County Athletic equipment, fine arts program and band

Board of

programs for North Clayton High School in Clayton

$ 5,000

MONDAY, MARCH 19, 2001

3243

Education

County

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for West Clayton High School in Clayton

$ 5,000

Education

County

City of Unadilla Re-roof and replace carpet at City Hall and Elizabeth Harris Library in the City of Unadilla

$ 20,000

DeKalb County Repair Zonolite Storm Water Drainage System in DeKalb County

$ 30,000

DeKalb County Construction of sidewalk on Briarwood Road In DeKalb County

$ 30,000

Lincoln County Construction of building and purchase of equipment for

Martins Crossroads Volunteer Fire Department in

$ 10,000

Lincoln County

City of Savannah Capitol improvement project for Greenbriar Children's Center, Inc. in the City of Savannah

$ 50,000

Glynn County Purchase Infrared Fire Helmet for firefighters in Glynn County

$

8,000

Elbert County Start up of communities in schools in Elbert County

$ 1,000

Richmond

Purchase equipment and furnishings for use in the

County Board Technical Education Program at Glenn Hills High

of

School in Richmond County

$ 10,000

Education

City of Cairo L.B. and Eula Powell Memorial Youth Fund, Inc. to

provide after school tutorial program in the City of

$ 8,000

Cairo

City of Glennville

Purchase and install bleacher covers for two fields for Glennville Recreation Department

$ 10,000

Greene County Partial restoration of historic Greene County jail

$ 20,000

Meriwether

Football field enhancements and landscape project for

County Board Greenville High School in Meriwether County

$ 30,000

of Education

Greene County Purchase and install fence around Greene County airport

$ 22,000

Effingham County

Training equipment for Effingham County Sheriff's Department

$ 5,000

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Church Street Elementary School in

$ 5,000

Education

Clayton County

City of Concord Purchase fire truck (Tanker) for the City of Concord

$ 50,000

Montgomery County

Assist with recreational facility improvements in Montgomery County

$ 10,000

Wheeler County Purchase sports equipment and provide improvements to recreation department in Wheeler County

$ 10,000

3244

JOURNAL OF THE HOUSE

City of Fargo Construct basketball courts for the City of Fargo

$ 10,000

Fannin County Repair roof and install air conditioning at Epworth Community Center in Fannin County

$ 20,000

City of Patterson Purchase fire equipment for the City of Patterson

$ 5,000

Elbert County Purchase building for office and concession stand at McWilliams Park in Elbert County

$ 10,000

Oconee Regional Purchase computers, software and equipment for

Library

Oconee Regional Library in the City of Dublin

$ 5,000

Trustees

Lincoln County Complete pavilion in a park in Lincoln County

$ 12,000

City of

Addition to athletic field house at Gordon Lee High

Chickamauga School for the City of Chickamauga Board of

$ 20,000

Education

City of Savannah Building/display project for Steamship Savannah

$ 10,000

Town of Allentown

Construction of a city hall/fire house in Allentown

$ 50,000

Oglethorpe County

Purchase bleachers and construction of football field in Oglethorpe County

$

21,000

Greene County Purchase lights for track field at the high school in

Board of

Greene County

$ 3,000

Education

Oglethorpe

Purchase band uniforms for high school in Oglethorpe

County Board County

$ 10,000

of Education

Putnam County Repair boiler system in Putnam County Hospital

Hospital

$ 25,000

Authority

Fulton County Transportation for low-income, low achieving students

Board of

following an academic after-school program in Fulton

$

5,000

Education

County

City of Lincolnton

Downtown revitalization around Lomar Springs for the City of Lincolnton

$

5,000

City of LaFayette

Water and construction project in the City of LaFayette $ 25,000

Newton County Purchase playground improvements and construction at

Board of

Fiquett Elementary School in Newton County

$ 10,000

Education

DeKalb County Contract with South Dekalb Improvement Initiative,

Inc. to staff and supply Saturday tutorial sessions for

$ 30,000

school year (SLAM 64) in DeKalb County

City of Brunswick

Renovation and Restoration of Historic Ritz Theater for the City of Brunswick

$

20,000

MONDAY, MARCH 19, 2001

3245

DeKalb County Contract with Family Technology Resources for after

Board of

school tutorial program, purchase supplies, books,

$ 3,000

Education

material, equipment and instruction in DeKalb County

City of Ashburn Improvements to park area and walking track at Elderly

Housing

Village in the City of Ashburn

$ 15,000

Authority

Turner County Purchase computer and other equipment for Turner County EMS

$ 5,000

City of Rebecca Recreation improvements for the City of Rebecca

$ 5,000

City of Warwick City park and recreation improvements, to include

watering system and bleachers, for the City of

$ 5,000

Warwick

City of Poulan Purchase computer system for the City of Poulan

$ 5,000

City of Sumner Walking track and recreation improvements in City of Sumner's park and softball complex

$

5,000

City of Ty Ty

Recreation and downtown improvements for the City of Ty Ty

$

5,000

City of Villa Rica

Local recreation programs for the City of Villa Rica

$ 20,000

City of Mt. Zion Purchase of equipment for primary health care center in the City of Mt. Zion

$

5,000

City of Temple Gymnasium for recreational use in the City of Temple $ 15,000

Fulton County Implement greenspace program at the Williams Payne Community Center in Fulton County

$

5,000

Meadows

Purchase furniture for Meadows Regional Medical

Regional

Center student residences in the City of Vidalia

Medical Center

$ 5,000

Hospital

Authority

DeKalb County Contract with Robert Shaw Theme School Interchange

Board of

Program in DeKalb County

$ 5,000

Education

Wilkes County Refurbish county EMS headquarters in Wilkes County $ 5,000

City of

Preservation project for historic downtown City of

Chickamauga Chickamauga

$ 10,000

Elbert County Construct building for Sweet City Fire Department in Elbert County

$ 15,000

Bibb County

Operating expenses for Adopt-Role-Model program in Bibb County

$ 20,000

Bibb County

Operating expenses for Middle Georgia Council on Drugs in Bibb County

$ 15,000

3246

JOURNAL OF THE HOUSE

City of Fort

Road improvements within the City of Fort Oglethorpe

Oglethorpe

Clayton County Purchase computer equipment for Kendrick Middle

Board of

School in Clayton County

Education

Marion County Purchase band uniforms for Tri-County High School in

Board of

Marion County

Education

Calhoun County Purchase air compressor and breaker for high school in

Board of

Calhoun County

Education

Irwin County Repair library building and expansion of services in

Library

Irwin County

Trustees

Camden County Tennis courts and satellite equipment for Camden

Board of

County High School

Education

Bibb County Operating expenses for Tubman African American

Museum in Bibb County

Bibb County Operating expenses for Hay House in Macon in Bibb

County

Emanuel County Improvements to Technology Park in Emanuel County

Jackson County Update Self Contained Breathing Apparatus (SCBA)

for the Jackson County Fire Department

Glynn County Obtain architectural design funds for Lighthouse

Museum addition in Glynn County

Clayton County Purchase band uniforms for Riverdale High School in

Board of

Clayton County

Education

Fulton County Contract with Inner Strength, Inc. to provide mentoring

Board of

and tutorial programs in Fulton County

Commissioners

City of Metter New fencing for softball fields at the Metter Candler

Recreational Park in the City of Metter

City of Macon Operating expenses for Douglass Theater in the City of

Macon

City of Macon Operating expenses for Booker T. Washington Center

in the City of Macon

Newton County Purchase playground improvements and construction at

Board of

Palmer Stone Elementary School in Newton County

Education

$ 10,000 $ 5,000
$ 35,000
$ 30,000
$ 10,000
$ 40,000 $ 150,000 $ 50,000 $ 75,000 $ 10,000 $ 7,000 $ 20,000
$ 3,000 $ 5,000 $ 50,000 $ 50,000 $ 5,000

MONDAY, MARCH 19, 2001

3247

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

Board of

Cardinal's Roost located at Livingston Elementary

$ 5,000

Education

School in Newton County

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

Board of

Hoboken Elementary School in Brantley County

$ 5,000

Education

DeKalb County Contract with Rainbow International Chapter to

Board of

provide computer training in DeKalb County

$ 15,000

Education

DeKalb County Program to compliment PTA program at Edward L.

Board of

Bouie, 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

3248

JOURNAL OF THE HOUSE

Randolph County
Eastman/Dodge Development Authority
Athens/Clarke County
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

Purchase a van to transport handicapped by hospital and nursing home in Randolph County Utility construction in Eastman/Dodge County
Health education and outreach program at Athens Neighborhood Health Center 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 at Jomandi Theater in 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

$ 25,000 $ 25,000 $ 25,000 $ 1,000 $ 1,000 $ 1,000 $ 35,000 $ 1,000 $ 300,000 $ 20,000 $ 1,000 $ 15,000 $ 1,000 $ 1,000 $ 1,000

MONDAY, MARCH 19, 2001

3249

DeKalb County Programs complimenting PTA program at Chapel Hill

Board of

Elementary in DeKalb County

Education

DeKalb County Program to compliment PTA program at Clifton Hill

Board of

Elementary in DeKalb County

Education

Bibb County Purchase band uniforms at Southwest High School in

Board of

Bibb County

Education

Fulton County Contract for services with the Old National Merchants

Board of

Association for after school program in Fulton County

Education

DeKalb County Program to compliment PTA program at Cedar Grove

Board of

Middle School in DeKalb County

Education

DeKalb County Program to compliment PTA program at Chapel Hill

Board of

Middle School in DeKalb County

Education

Johnson County Renovation of rural fire department, Johnson County

Library and recreation facility in Johnson County

Fulton County Matching funds for federal grant to Senior Citizens

Board of

Quality of Life Initiative in Fulton County

Education

Laurens County Purchase and upgrade rescue equipment for Rock

Springs Volunteer Fire Department in Laurens County

Laurens County Purchase polygraph machine for Laurens County

Laurens County Purchase safety mats for competition cheerleading

Board of

squad for West Laurens Middle School in Laurens

Education

County

City of Sylvester Playground equipment purchase, landscaping, repairs

and renovations to tennis courts in Historic Jeffords

Park in the City of Sylvester

DeKalb County Contract with South DeKalb YMCA to provide for

after school tutorial in DeKalb County

Fulton County Contract for services with Atlanta Business League for

Board of

educational program in Fulton County

Commissioners

Washington

Purchase equipment for Washington County Hospital

County

Commission

$ 1,000 $ 1,000 $ 10,000 $ 45,000 $ 1,000 $ 1,000 $ 17,500 $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000 $ 5,000 $ 60,000

3250

JOURNAL OF THE HOUSE

City of Sandersville

Repair of Community Health Building for the City of Sandersville

$ 50,000

Bacon County Purchase kitchen equipment for the Alma/Bacon County Veterans of Foreign Wars

$ 1,000

DeKalb County Neighborhood improvement and beautification projects for five DeKalb County communities

$

5,000

Terrell County Purchase 911 Incoming Recorder in Terrell County Commission

$ 30,000

City of Norman Purchase computer and public safety equipment for the

Park

City of Norman Park Police Department

$

5,000

City of East Dublin

Expansion of water and sewer and right of way purchase for the City of East Dublin

$ 10,000

City of Rockmart Recreation funds for City of Rockmart and little league program

$

45,000

City of Aragon Recreation funds for the City of Aragon

$ 25,000

DeKalb County Neighborhood improvement and beautification projects for five DeKalb County communities

$

5,000

City of Alma

Improvements and furnishings for Masonic Lodge and Martin Luther King Jr. Park in the City of Alma

$ 15,000

City of Soperton Purchase of public safety equipment for the City of Soperton

$ 17,000

Gwinnett County Construction of restroom and concession facilities for

Board of

Grayson High School in Gwinnett County

$ 20,000

Education

City of Kingston Study of and improvements to the City of Kingston water system and drilling of new well

$ 25,000

City of Euharlee Recreation funding for the City of Euharlee

$ 25,000

City of Cedartown

Recreation improvements for the City of Cedartown

$ 45,000

Polk County Funding for the Polk County Children's Advocacy

$ 25,000

City of Stillmore Repair and renovate City Hall in City of Stillmore

$ 5,000

DeKalb County Neighborhood improvement and beautification projects for four DeKalb County communities

$

5,000

DeKalb County Neighborhood improvement and beautification project in the Chapel Park Subdivision of DeKalb County

$

1,000

Charlton County Purchase fire and rescue equipment for Charlton County

$ 20,000

Heard County Paving driveway and parking lots of new middle school

Board of

in Heard County

$ 40,000

Education

MONDAY, MARCH 19, 2001

3251

Crawford County Improve/upgrade physical plant of gymnasium housing Boys and Girls Clubs of Roberta in Crawford County

$ 10,000

Bacon County Purchase band uniforms and equipment for the Bacon

Board of

County High School

$ 5,000

Education

Newton County Purchase playground improvements and construction at

Board of

Porterdale Elementary School in Newton County

$ 5,000

Education

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

$ 10,000

outreach programs

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

Board of

Choir at Central High School in Bibb County

$ 10,000

Education

Brantley County Brantley County Historical Society equipment, fire department funds, recreation park and walking track

$ 20,000

Brantley County Operating funds for Brantley County Intergovernment Relations

$ 10,000

Bleckley County Purchase uniforms and equipment for Bleckley Band

Board of

Boosters in Bleckley County

$ 25,000

Education

3252

JOURNAL OF THE HOUSE

Columbus Consolidated Government
Towns County
Towns County
Towns County
Towns County Board of Education
White County
Union County
Rabun County
Rabun County
Rabun County
City of Clayton
Rabun County Rabun County Rabun County Wilkinson
County City of Atlanta
Fulton County Board of Education
Fulton County Board of Education
Fulton County Board of Education

Maintenance and operation expense for the Liberty Theater Cultural Center, Inc. in the City of Columbus
Purchase equipment and improve baseball fields for Towns County Recreation Purchase fire and rescue equipment for Towns County Fire and Rescue Replace equipment and repair fire damage at the Towns County Day Care Offset cost of parking lot changes and resurfacing in Towns County
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 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 Purchase of technology/computer 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

$ 125,000
$ 10,000 $ 25,000 $ 10,000
$ 12,000
$ 15,000 $ 25,000 $ 15,000 $ 12,000 $ 40,000 $ 65,000 $ 10,000 $ 14,000 $ 55,000 $ 28,000 $ 10,000
$ 15,000
$ 10,000
$ 15,000

MONDAY, MARCH 19, 2001

3253

City of Cuthbert Restoration of historic dwelling to be used for museum for the City of Cuthbert

$ 20,000

Fulton County Improvements to multipurpose facility for the Harriett G. Darnell Senior Citizen Center in Fulton County

$ 50,000

City of Columbus

Contract for services with Columbus Youth Network

$ 10,000

Walker County Pave parking lot at drivers license facility in Rock Spring

$ 8,000

Columbus

Business incubator and job training for at-risk teenagers

Consolidated and young adults in the City of Columbus

$ 60,000

Government

Fulton County Purchase and install surface for Milton High School

Board of

track in Fulton County

$ 20,000

Education

City of Fairmont Purchase of tractor with side mower and rear mower for the City of Fairmont

$

27,000

City of Atlanta Contract for service with Simpson Road House of Hope for the City of Atlanta

$

20,000

City of Bowden Restoration and relocation of the first home in the City

of Bowdon and renovate and design historical park and $ 15,000

cemetery

City of Bowden Renovation of football bleachers, gates and press box, and ADA handicap gate at Bowdon High School

$ 40,000

City of Milan

Assistance in the relocation of the Milan Basketball Gym

$ 20,000

Cherokee County Purchase band uniforms for Etowah High School in

Board of

Cherokee County

$ 12,000

Education

Columbus

Contract for services with Project Rebound for

Consolidated community based intervention program for students at- $ 50,000

Government risk in the City of Columbus

DeKalb County Emergency funding for Reach School and Elaine

Clarke Schools for special need students in DeKalb

$ 40,000

County

Dougherty

Contract for services with River Road, Inc. d/b/a

County

SAFEC to provide community social service programs $ 10,000

in Dougherty County

Dougherty County

Day care services for senior adults in Dougherty County

$ 15,000

Cherokee County Athletic improvements for the Etowah High School in

Board of

Cherokee County

$ 12,000

Education

3254

JOURNAL OF THE HOUSE

City of Rentz

Purchase of equipment and improvements for solid waste and fire department for the City of Rentz

$ 20,000

City of Columbus

Contract with Men of Action, Inc. for mentoring program in the City of Columbus

$ 5,000

Monroe County Repairs, renovations, equipment, and furnishings for

Board of

Old Hubbard Dormitory Building in Monroe County

$ 10,000

Education

Baker County Contract with Georgia Empowerment and Resources to

Board of

promote growth and development of community in

$ 25,000

Education

Baker County

City of Cadwell Purchase of equipment and improvements for the City of Cadwell

$ 15,000

Gwinnett County Purchase outdoor activity equipment for Annistown

Board of

Elementary School in Gwinnett County

$ 30,000

Education

DeKalb County Purchase signage for Rock Chapel Elementary school

Board of

grounds in DeKalb County

$ 3,000

Education

Monroe County Recreation park construction and improvements in Monroe County

$ 25,000

City of

Renovate and make streetscape improvements in the

Donalsonville City of Donalsonville

$ 20,000

DeKalb County Contract for services with IAM, Inc. to provide tutorial and leadership programs for South DeKalb County

$ 10,000

Columbus

Renovation of Memorial Stadium for expansion of

Consolidated facility and maintenance and operation of Adah-Air,

$ 50,000

Government Mack Pack Community Center in the City of Columbus

Laurens County Fire department and solid waste improvements in the Cedar Grove Community in Laurens County

$ 10,000

City of Cairo

Refurbishment and equipment for City of Cairo Movie House

$ 25,000

Columbus

Youth mentoring program for the City of Columbus

Consolidated

$ 25,000

Government

Jackson County Purchase of equipment for Harrisburg Volunteer Fire Department in Jackson County

$ 10,000

DeKalb County Purchase of education supplies, robes and uniforms for the South DeKalb Youth Choir in DeKalb County

$

5,000

DeKalb County Purchase of band uniforms for Lithonia High School in

Board of

DeKalb County

$ 8,000

Education

Bleckley County Improvements to the Bleckley County Courthouse

$ 25,000

MONDAY, MARCH 19, 2001

3255

Dodge County Improvements in athletic program at Dodge County

Board of

High School

$ 25,000

Education

Bleckley County Equipment for Sheriff's Department in Bleckley County $ 20,000

Jones County

Purchase equipment for Tri-Community Volunteer Fire Department in Jones County

$

5,000

DeKalb County Purchase materials and supplies for media center at

Board of

Forrest Hill Elementary School in DeKalb County

$ 9,000

Education

Bleckley County Construction project at Bleckley County High School

Board of

football stadium

$ 20,000

Education

DeKalb County Contract for services with Mothers Raising Sons, Inc.

to purchase supplies and provide programs in DeKalb

$ 4,000

County

DeKalb County Contract with S.E.E.D. Organization to provide employment training to youth in DeKalb County

$ 2,000

DeKalb County Charter Education Seminars for students at Stephenson

Board of

Middle School in DeKalb County

$ 20,000

Education

Telfair County Industrial development in Telfair County

Development

$ 25,000

Authority

City of

Purchase mosquito spraying machine for the City of

Donalsonville Donalsonville

$ 10,000

City of Atlanta Create new and upgrade existing baseball fields and

facilities at Mozley Park and Center Hill Park in the

$ 30,000

City of Atlanta

Monroe County Develop inspection and preservation plan for Monroe County Confederate Memorial Statue

$ 2,000

DeKalb County Contract for services with Trinity Warriors Youth

Association to provide program and equipment needs in $ 3,000

DeKalb County

City of Monticello

Develop inspection and preservation plan for the City of Monticello Confederate Memorial Statue

$ 2,000

Gwinnett County Purchase educational materials equipment and capital

Board of

improvements for Rockbridge Elementary in Gwinnett $ 22,500

Education

County

Monroe County Purchase of medical equipment for Monroe County Hospital

$ 10,000

3256

JOURNAL OF THE HOUSE

Wilkinson

Grading, base and paved parking area at Wilkinson

County Board County 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 capital

Board of

improvement for Nesbit Elementary in Gwinnett

Education

County

DeKalb County Contract for services with Miller's Academy for after

school program and school repairs in DeKalb County

City of Pine

Restoration and reconstruction of historic lake in the

Lake

City of Pine Lake

City of Atlanta Technology Learning Initiative for computer purchases

Board of

at Benjamin E. Mays High School in the City of

Education

Atlanta

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 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 Clay County airport

Randolph

Randolph County airport

County

University of 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

$ 22,000

$

500

$ 35,000

$ 32,000

$ 22,500

$ 20,000 $ 10,000

$ 10,000

$

500

$ 12,000

$ 25,000

$ 3,000

$ 20,000

$ 20,000
$ 10,000 $ 10,000 $ 25,000 $ 25,000

$ 150,000

MONDAY, MARCH 19, 2001

3257

Georgia

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

Fitzgerald Municipal airport

Fitzgerald

Walker County Road maintenance in Walker County

Walker County Water line improvements in Walker County

Clayton County Develop park in Clayton County

Emanuel County Contract for services with Emanuel County Joint

Development Authority

City of Augusta Contract for services with the Augusta Mini Theater

Pierce County Purchase buildings and equipment and capital

improvements/renovations to the Pierce County

Recreation Department

Stephens County Building improvements to help house truck and

equipment in Stephens County

Stephens County Purchase equipment and office supplies for the Senior

Citizens Center in Stephens County

Augusta/

Increase the programs and services at the Augusta

Richmond

Museum of History

County

Augusta/

Organizational support for the operation of the Lucy

Richmond

Craft Laney Museum of Black History in Richmond

County

County

Augusta/

Purchase food for the poor in Augusta

Richmond

County

City of Atlanta Residential improvement and economic development for

the Pittsburgh Community in the City of Atlanta

Hall County

Umbrella for Operation Center, Search and Rescue and

radio room in Hall County

City of Waco Run water and sewer to new vocational/technical school

in the City of Waco

City of Bremen Expansion of Senior Citizens Complex in the City of

Bremen

City of Warner Operating expenses at the Air Force Museum in Warner

Robins

Robins

Cobb County Renovation and construction of athletic field at

Board of

Kennesaw Mountain High School in Cobb County

Education

$ 125,000
$ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 500,000 $ 250,000 $ 35,000
$ 10,000 $ 20,000
$ 25,000
$ 25,000
$ 25,000
$ 25,000 $ 35,000 $ 300,000 $ 200,000 $ 90,000
$ 35,000

3258

JOURNAL OF THE HOUSE

Meriwether

Drivers education programs at Manchester and

County Board Greenville High Schools in Meriwether County

of Education

City of

Contract for services with Community Health Services

Columbus

for community health care in the City of Columbus

Columbus/

Contract for services with Community Outreach

Muscogee

Program

County

Bibb County Operating funds to Breezy Hill center for mentally

retarded

City of Albany Contract for services with East Albany Service League

City of Lithonia Provide funds for South Dekalb Arts Expo

Fulton County Fund general operating expenses to AUDIENCE, Inc.

Board of

in south Fulton County

Commissioners

Jenkins County Repair/replace roof on museum/Chamber building in

Commission Jenkins County

Effingham

Storage and preservation of historic records in

County

Effingham County

Commission

City of Cairo Renovations to the Zebulon movie theater in the City

of Cairo

Cobb County Pope High School theater improvements in Cobb

Board of

County

Education

City of Unadilla Refurbish historic downtown building in the City of

Unadilla

City of Elberton Renovations to the Elberton Theater in the City of

Elberton

Whitfield

Retire loan on Hamilton House for Whitfield/Murray

County

Historical Society in Whitfield County

Commission

City of Atlanta Funds for the Black Arts Festival in the City of

Atlanta

City of

Renovation and operating expenses for Statesboro

Statesboro

Arts Council

City of Decatur Revitalize three buildings within the Historic Complex

at Adair Park in the City of Decatur

Taliaferro

Renovate the Clock Tower of the Taliaferro County

County Board Courthouse

of

Commissioners

$ 36,000 $ 25,000 $ 35,000 $ 71,000 $ 25,000 $ 75,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000 $ 20,000 $ 40,000 $ 50,000 $ 27,000 $ 50,000 $ 15,000 $ 10,000
$ 20,000

MONDAY, MARCH 19, 2001

City of East

Fund exploratory study into amphitheater feasibility in

Point

South Fulton County

City of

Renovation to the interior of historic City Hall in the

Donalsonville City of Donalsonville

City of

Renovation of the Warrrenton City Hall and the

Warrenton

historic gymnasium

Richmond

Operational funds for The Augusta Museum of

County

History in Richmond County

Commissioners

City of

Use of arts and handicrafts to provide activities for

Columbus

citizens of the City of Columbus

Lowndes County Caboose relocation and renovation in Lowndes

Commissioners County

Richmond

Help restore services for the Augusta Opera in

County

Richmond County

Commission

Richmond

Assist with additional cost of matinees and expand

County Board program for the Augusta Players

of

Commissioners

Richmond

Purchase equipment for the new facility at the

County Board Davidson School of Fine Arts in the City of Augusta

of Education

Fulton County Purchase of security fence at a Senior Citizen Center

in Fulton County

Baker County Fund paving and playground for new school site in

Board of

Baker County

Education

City of Atlanta Citizen education programs in the City of Atlanta

Johnson County Develop lighting for a ballpark in Johnson County

Commissioners

Town of Kite Kite Recreation Department for lighting ballfield

Meriwether

Updating of band equipment and band facility in

County Board Meriwether County

of Education

Fulton County Funds for the Kids Gym USA education through pre-

Commission school in Fulton County

Pelham City Replace tennis courts at schools in the City of Pelham

Public Schools

City of Colquitt Purchase lighting for the football/soccer field in the

City of Colquitt

3259
$ 25,000 $ 25,000 $ 35,000 $ 25,000 $ 10,000 $ 20,000 $ 25,000
$ 10,000
$ 50,000 $ 55,000 $ 27,750 $ 25,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 20,000 $ 15,000

3260

JOURNAL OF THE HOUSE

Richmond

Funding for the Augusta Youth Center, Inc

County Board

of

Commissioners

Dekalb Board of Replace equipment at Druid Hills High School in

Education

DeKalb County

Paulding County Funds for recreation and equipment for Paulding

Board of

County Board of Education

Education

Richmond

Purchase additional lighting for little league fields in

County Board Richmond County

of

Commissioners

Polk County Purchase band uniforms for the new Rockmart High

Board of

School Band and make improvements to recreational

Education

building in Polk County

Dekalb County Funds for computer lab to provide training for inner-

Board of

city youth in Dekalb County

Commissioners

Douglas County Construct a PlayGarden for children in Douglas

Commission County

City of Augusta Assist with the mentoring program at the Augusta

Youth Center, Inc.

Richmond

Purchase boxing equipment for the Augusta Boxing

County

Club

Commission

DeKalb County Field improvements at the Scottsdale Athletic

Board of

Association in Dekalb County

Commissioners

Bibb County Funding for the Central High School Academic

Board of

Decathalon team to attend national competitions

Education

Brooks County Purchase school bus security cameras in Brooks

Board of

County

Education

Richmond

Operational expenses for Southside Tutorial Program

County

in Richmond County

Commissioners

Haralson County Purchase band uniforms for Haralson County High

Board of

School

Education

$ 5,000 $ 30,000 $ 50,000
$ 20,000
$ 20,000 $ 185,000 $ 25,000 $ 5,000 $ 25,000 $ 25,000 $ 10,000 $ 20,000 $ 30,000 $ 25,000

MONDAY, MARCH 19, 2001

Richmond

Purchase additional lighting for West Augusta Little

County

League Fields in the City of Augusta

Commission

Richmond

Save Our Students operational funds for National

County

Legacy Foundation in Richmond County

Commissioners

City of Morrow Park improvements for the City of Morrow

Clayton County Boys' mentoring programs at Haney's Harvest House

Commissioners in Clayton County

City of Valdosta Purchase and install playground equipment for

Fellowship and Hightower Parks in the City of

Valdosta

City of Milan Refurbish basketball gym in Milan

City Lyons

Purchase playground equipment in the City of Lyons

Irwin County Purchase transportation for Irwin County 4H Club

Commissioners

City of

Recreational and park funds for the City of Cedartown

Cedartown

Dekalb County Renovations at Hebrum High School in Dekalb

Board of

County

Education

Grady County Seminars for youth in Southwest Georgia in Grady

Commission County

Dekalb County Public health and hygiene programs in high schools in

Board of

Dekalb County

Education

Taylor County Rebuild the windows in the Mauk Schoolhouse in

Commission Taylor County

Gwinnett County Fund computerized reading program for Grayson

Board of

Elementary School in Gwinnett County

Education

City of Lenox Playground equipment and baseball field repairs for

City of Lenox Children's Community Center

City of

Purchase boxing equipment for at risk kids in the City

Columbus

of Columbus

City of Atlanta Purchase van for transportation for Grace Cross

Cultural Ministries in the City of Atlanta

City of

Recreational funds to the City of Cartersville

Cartersville

Troup County Construction of traffic light in Troup County and

Commission Troup High School entrance

3261
$ 20,000
$ 100,000 $ 20,000 $ 45,000 $ 30,000 $ 10,000 $ 20,000 $ 5,000 $ 25,000 $ 7,500 $ 10,000 $ 10,000 $ 18,000 $ 45,000 $ 25,000 $ 10,000 $ 27,800 $ 25,000 $ 40,000

3262

JOURNAL OF THE HOUSE

Cobb County Lighting and other improvements for the soccer field

Board of

at South Cobb High School in Cobb County

Education

City of Rincon Purchase playground equipment and fencing for

Rincon Recreation Department

City of Hiram Renovate/upgrade recreational facilities in the City of

Hiram

City of Rome Funds for children's programs in the City of Rome

Cobb County Purchase marching band truck for Pope High School

Board of

in Cobb County

Education

City of College Renovate 1921 S.R. Young School into the Tri-Cities

Park

Arts Center in the City of College Park

City of Decatur Funds for materials, transportation, meals, training,

and other program expenses in the City of Decatur

Rabun County Purchase recreational equipment for the citizens of

Commissioners Rabun County

Cobb County Purchase science software and experimental probes in

Board of

the City of Mableton at Pebblebrook High School

Education

Screven County Purchase computer lab for Screven County High

Board of

School

Education

City of

Improvements to Whitesville park in the City of

Statesboro

Statesboro

Bulloch County Purchase equipment for Southeast Bulloch High

Board of

School ROTC

Education

Wayne County Construct restroom facilities at the ballpark in the City

Commission of Jesup

Brantley County Purchase property for baseball field in Brantley

Board of

County

Commissioners

City of

Fund educational program for youth in the City of

Columbus

Columbus

Johnson County Provide funds for Johnson County Recreation

Library

Department

Trustees

Bibb County Funds for travel of Bibb County Southeast High

Board of

School student choir to attend international

Education

competition

$ 50,000 $ 10,000 $ 25,000 $ 8,000 $ 20,000 $ 10,000 $ 50,000 $ 15,000 $ 55,000
$ 25,000 $ 7,000 $ 10,000 $ 30,000 $ 20,000 $ 30,000 $ 5,000
$ 15,000

MONDAY, MARCH 19, 2001

Clayton County Continue program under the program goals of the

Board of

Youth Empowerment Project in Clayton County

Commissioners

DeKalb County Lighting for soccer fields at the Stone Mountain

Board of

Youth Association in Dekalb County

Commissioners

Gwinnett County Fund band uniforms for Grayson High School in

Board of

Gwinnett County

Education

Muscogee

Fund educational programs in Columbus area schools

County Board

of Education

Oconee County Develop youth recreation and playground facilities in

Commission the City of Bogart

Rockdale County Purchase security cameras, monitor and installation at

Board of

Honey Creek Elementary in Rockdale County

Education

Randolph

Replace carpeting and repair damage to walls of

County

Randolph/Clay High School in Randolph County

Commission

City of

Fund youth programs in the City of Columbus

Columbus

Richmond

Operational funding for Delta House, Lucy Craft

County

Laney Museum in Richmond County

Commissioners

DeKalb County Teach at-risk youth job readiness and business skills

Board of

in Dekalb County

Commissioners

City of

Purchase playground equipment for recreation

Glennville

department in the City of Glennville

Chatham County Operating expenses at A.E. Beach High School in

Board of

Chatham County

Education

Fayette County Funds for heating and air system for a new athletic

Board of

facility in Fayette County

Education

Richmond

Youth Leadership operational expenses for CSRA

County

Economic Opportunity Authority in Richmond

Commissioners County

City of Macon Fund anti-gang programs in the City of Macon

Bibb County Purchase band uniforms for students at Northeast

Board of

Magnet High School in Bibb County

Education

3263
$ 40,000 $ 25,000 $ 50,000 $ 10,000 $ 17,000 $ 1,500 $ 15,000 $ 25,000 $ 75,000 $ 40,000 $ 10,000 $ 25,000 $ 25,000 $ 50,000 $ 20,000 $ 25,000

3264

JOURNAL OF THE HOUSE

City of Macon Implementation of Community Character Education

Program for youth in the City of Macon

Douglas County Fund programs for middle school students in Douglas

Board of

County

Education

Long County Long County School System concession stand/sports

Board of

facility

Education

Sumter County Acquisition of various instruments for the middle

Board of

school band in Sumter County

Education

City of Decatur Fund at-risk youth programs in the City of Decatur

Cobb County Purchase outdoor lights for safety at Kincaid

Board of

Elementary School in Cobb County

Education

Fayette County Purchase new internet ready computers at Sandy

Board of

Creek High School in Fayette County

Education

Jefferson County Purchase lighting for the girls' softball field in

Board of

Jefferson County

Education

City of Climax Restoration of the city gym in the City of Climax

City of

Construct a playground for the City of Lincolnton

Lincolnton

Chatham County General operating expenses and renovations to the

Commissioners Greenbriar Children's Center in Chatham County

City of Soperton Purchase new scoreboards for the recreation park

ballfields in the City of Soperton

Long County Pilot soccer program for Long County

Board of

Commissioners

Athens-Clarke Construct Stonehenge youth park and sports field in

County

Athens-Clarke County

Commission

City of Tyrone Construct little league ball park in the City of Tyrone

Jenkins County Construct buildings for Jenkins County Recreation

Commission Department

Fulton County Fund programs to aid students in Fulton County

Board of

Commissioners

City of Aragon Recreation funds for the City of Aragon

Bulloch County Erect lighting of a multi-purpose athletic field for the

Commission Bulloch County Recreation Department

$ 25,000 $ 25,000
$ 50,000
$ 17,287 $ 50,000 $ 5,000
$ 25,000
$ 40,000 $ 15,000 $ 30,000 $ 50,000 $ 10,000 $ 5,554
$ 40,000 $ 25,000 $ 48,000 $ 10,000 $ 25,000 $ 15,000

MONDAY, MARCH 19, 2001

Wheeler County Expand sports programs in Wheeler County

Commission

City of Atlanta Establish office space, staff salaries, purchase

developmental materials for Kids in Discovery of Self

for the City of Atlanta

Laurens County Purchase computers and equipment in Laurens County

Board of

at East Laurens Elementary

Education

Gwinnett County Construct athletic facilities at Brookwood High

Board of

School in Gwinnett County

Education

City of

Install lights at the girls softball field in the City of

Dahlonega

Dahlonega

City of

Repair playground and repair/replace playground

Grovetown equipment in the City of Grovetown

DeKalb County Construct a new athletic field in Dekalb County

Board of

Commissioners

Chatham County Operational expenses at MedBank in Chatham County

Commissioners

Chatham County Purchase equipment for use in testing and sound booth

Commissioners at Savannah Speech and Hearing in Chatham County

City of Decatur Fund medical care for high-risk pregnant mothers and

acutely ill patients in the City of Decatur

City of Atlanta Funds to impoverished children in the City of Atlanta

Clay County Purchase air conditioning for gymnasium at Clay

Board of

County Elementary School

Education

Richmond

Programs at the East Augusta Learning Center in the

County

City of Augusta

Commission

Johnson County Funds for Johnson County Public Library

Commission

City of Atlanta Fund after school programs and mentoring in the City

of Atlanta

City of Pooler Purchase and install new air conditioning units at

gymnasium in the City of Pooler

City of

Funding for anti-drug community programs in the

Columbus

City of Columbus

Union County Planning for community center, youth center and

Commission double gym in Union County

City of Atlanta Aid programs at the Herndon Home in the City of

Atlanta

3265
$ 10,000 $ 30,000
$ 25,000
$ 25,000 $ 15,000 $ 25,000 $ 25,000 $ 5,000 $ 11,475 $ 25,000 $ 10,000 $ 12,000
$ 50,000 $ 5,000 $ 39,415 $ 10,000 $ 15,000 $ 25,000 $ 30,000

3266

JOURNAL OF THE HOUSE

Habersham

Purchase furniture and equipment for the Habersham

County

County Senior Center

Commission

City of

Improvements and equipment upgrades for

Sandersville Washington County Health Center

Calhoun County Funding of medical care for Calhoun County's

Board of

indigent patients at Calhoun Memorial Hospital

Commissioners

City of East

Purchase van for after school program in the City of

Point

East Point; enrichment courses; and purchase

playground equipment

City of Macon Construct an Intergenerational Activity Center at the

Methodist Home for Children and Youth in Macon

Clayton County Develop a fitness center at Clayton County

Board of

International Park

Commissioners

City of

Construct pavilion in Donalsonville City Park

Donalsonville

Randolph

Purchase a van for handicapped patients in Randolph

County

County

Commission

Lowndes County Construct the James M. Beck Youth and Teen Center

Commissioners in Lowndes County

Dekalb County Construct a new headquarters to expand Childkind's

Commission programs in Dekalb County

City of Atlanta Provide funds for Morehouse and Morris Brown to

Board of

develop materials for the City of Atlanta School

Education

System

Chatham County Purchase Tympanometers and Oto-Acoustic

Commissioners Emmission Test for Chatham County Equipment

City of Atlanta Fund after school programs in the City of Atlanta

City of Valdosta Fund three County Retiree Attraction Programs in the

City of Valdosta

City of

Establish a community resource center in the City of

Columbus

Columbus

Dekalb County Fund Hispanic women's entrepreneurial development

Commission program in Dekalb County

City of Atlanta Funding for health initiative, youth empowerment, and

senior citizens' programs in the City of Atlanta

City of

Assist homeless families in the City of Columbus

Columbus

$ 10,000 $ 50,000 $ 105,000
$ 50,000 $ 20,000 $ 39,000 $ 25,000 $ 7,500 $ 50,000 $ 10,000 $ 50,000 $ 12,000 $ 20,000 $ 20,000 $ 15,000 $ 10,000 $ 20,000 $ 20,000

MONDAY, MARCH 19, 2001

3267

Dekalb County Fund Steps for Success Programs in Dekalb County

Board of

Commissioners

Fulton County Fund a youth and adult literacy initiative in Fulton

Commission County

Dekalb County Construct facility for a community senior center in

Board of

Dekalb County

Commissioners

Glascock County After school program in Glascock County

Board of

Education

Clayton County Purchase a mini-van for the Meals on Wheels program

Board of

in Clayton County

Commissioners

City of Atlanta Fund Adair Park and Oakland City Senior Citizen

Home Rehabilitation, Beecher/Cascade intersection

improvements in the City of Atlanta

Randolph

Furnish outpatient mental health/substance abuse

County

facility in Randolph County

Commission

City of

Residential care program in the City of Columbus

Columbus

City of Augusta Assist burn survivors and their families in the City of

Augusta

Gwinnett County Construct concession stand and restrooms for the

Board of

Grayson Community Stadium Project, including lights

Education

and seating in Gwinnett County

City of Atlanta Purchase instruments, keyboards, axillary equipment,

supplies for arts and crafts, and piano and vocal books

for Cascade Ministries in the City of Atlanta

Muscogee

After school reading program for Dawson Elementary

County Board and Cusseta Road Elementary Schools in the City of

of Education Columbus

Richmond

Operational funding for the CSRA Transitional

County

Center, Inc. in Richmond County

Commissioners

Oconee County Purchase van for Senior Center in Oconee County

Commission

Athens-Clarke Renovation of office space for Community

County

Connection staff in Athens-Clarke County

Commission

$ 38,000 $ 15,000 $ 25,000 $ 40,000 $ 20,000 $ 30,000 $ 7,000 $ 5,000 $ 20,000 $ 100,000 $ 55,000 $ 75,000 $ 40,000 $ 20,000 $ 30,000

3268

JOURNAL OF THE HOUSE

Fulton County Funding for Learning Disabilities Association of

Board of

Georgia programs in Fulton County

Education

Richmond

Operational funds for Beulah Grove Community

County

Resource Center in Richmond County

Commissioners

City of Concord Renovation of community center in the City of

Concord

City of Augusta Operating funds for the Neighborhood Improvement

Project for Richmond County

Barrow County Temporary staff and support for adult education and

Commission employment center in Barrow County

DeKalb County Education and prevention program for 500 minority

Commission mothers in Dekalb County

Chatham County Fund Phase II of the Tatemville Gymnatorium in

Commissioners Chatham County

City of Harlem Purchase Neighborhood Development Building in the

City of Harlem

Terrell County Purchase a vehicle for the Kinchafoonee Regional

Library

Library in Terrell County

Trustees

Peach County Facilitate the funding of medical care for Peach

Board of

County's indigent patients

Commissioners

City of Fairburn Fund mental health and substance abuse programs in

the City of Fairburn center for women and their

children

Bartow County Funds to Bartow County for Etowah Foundation,

Commission Stilesboro Academy, and the Senior Citizens Group

City of Augusta Operating costs for the Grove Resource Center in the

City of Augusta

City of Rockmart Funds to construct a multi-purpose recreational center

in the City of Rockmart

Bulloch County Purchase supplies, equipment, and materials for a

Commission community center in Bulloch County

Douglas County Operations of Douglas County First Step Program

Commission

Dougherty

Fund planning phase and renovations to the Parks at

County Board Chehaw in Dougherty County

of

Commissioners

$ 70,000
$ 35,000 $ 25,000 $ 20,000 $ 10,000 $ 20,000 $ 5,000 $ 25,000 $ 17,000
$ 100,000
$ 25,000 $ 30,000 $ 20,000 $ 50,000 $ 7,000 $ 27,500
$ 50,000

MONDAY, MARCH 19, 2001

3269

City of Atlanta Funding for refurbishing and updating systems at the

in town Community Assistance Center in Atlanta

Putnam County Park construction in Putnam County

Board of

Commissioners

City of Rome Fund programs and office space for after-school

programs in the City of Rome

City of Douglas Funds for a master plan for parks in the City of

Douglas

Morgan County Renovations of a park in Morgan County

Board of

Commissioners

Dekalb County Help to maintain aquarium and scholastic libraries in

Board of

Indian Creek School in Dekalb County

Education

City of Rome Purchase address markers made from angle iron to

assist in emergency location of homes in the City of

Rome

Lumpkin County Construct Emergency Shelter for Indigent residents of

Commission Lumpkin County

Fayette County Fund a new facility for the seniors in Fayette County

Board of

Commissioners

Toombs County Construct athletic complex in the City of Vidalia

Board of

Education

Jeff Davis

Provide funds for Safe and Sober program in Jeff

County

Davis County

Commissioners

Chatham County Purchase resource materials for the Parent Resource

Commissioners Center and a counselor at Lutheran Ministries in

Chatham County

Barrow County Provide abuse prevention programs in Children's

Commission Advocacy Center in Barrow County

Houston County Fund start-up costs for new residential program for

Commission mentally ill adults in Houston County

City of College Provide scholarships and general operating costs at

Park

Promise Children's Home in the City of College Park

DeKalb County Construct a new community center in Dekalb County

Board of

Commissioners

$ 15,000 $ 15,000 $ 20,000 $ 15,000 $ 10,000 $ 15,000 $ 10,000 $ 25,000 $ 50,000 $ 30,000 $ 10,000 $ 10,000 $ 10,000 $ 20,000 $ 10,000 $ 25,000

3270

JOURNAL OF THE HOUSE

Richmond

Operational funding for Delta Leadership Training

County

Program in Richmond County

Commissioners

City of College Funds for after-school programs in the City of College

Park

Park

Fulton County Operational expenses for United Community

Board of

Association, Inc in Fulton County

Commissioners

Dekalb County Construction of the International Village Cultural and

Commission Community Center in DeKalb County

City of

Renovation of newly acquired city hall/community

Luthersville building and senior center in the City of Lutherville

Muscogee

Purchase supplies and travel funds for the child

County

development center in Muscogee County

Commission

City of Reynolds Purchase a "jaws of life", vehicle, and training for

officers in the City of Reynolds

City of Whitfield Shelter and concentrated care for troubled girls in

Whitfield County

Union City

Purchase equipment and provide training for Keep

South Fulton Beautiful in Union City

City of Pineview Expanding and renovation of Pineview City Hall

City of Claxton Purchase police car and equipment for the Claxton

Police Department

Bryan County For the construction of North Bryan Industrial park in

Commission Bryan County

Randolph

Construct firestation/voting precincts in Springvale,

County

Carnegie and Randolph County

Commission

DeKalb County Expand parking facilities at both baseball and football

Commission park at Midway Youth Association in Dekalb County

Jenkins County Provide for rescue unit in Jenkins County EMA

Commission

City of Rome Technology and Media Resources, Software for RESA

in the City of Rome

Glascock County Restoration of courthouse in Glascock County

Commissioner

Newton County Purchase cameras for patrol cars in Newton County

Commissioners

City of Atlanta Fund Capacity Building Initiative for Georgia

Nonprofit Community in Fulton County

$ 20,000
$ 20,000
$ 40,000
$ 150,000 $ 65,000
$ 28,000
$ 30,000 $ 10,000 $ 25,000 $ 20,000 $ 10,000 $ 50,000
$ 6,500
$ 16,500 $ 10,000 $ 7,000 $ 10,000 $ 30,000 $ 20,000

MONDAY, MARCH 19, 2001

3271

Habersham

Renovate Habersham County's fairground facilities

County

Commission

Emanuel County Fund economic development project for Emanuel

Commission County

City of Avondale Installation of the Georgia Crime Information Center

Estates

(GCIC) equipment in the police department in the City

of Avondale Estates

Dawson County Computer indexing of Deed Records in Dawson

Commission County

City of Hagan Funds to purchase police car for the City of Hagan

White County Purchase supplies, equipment and computers in White

Board of

County

Commissioners

City of Alamo Beautification of park in downtown Alamo

Effingham

Development of Educational Center site and

County Board infrastructure in Effingham County

of

Commissioners

Morgan Board of Construct Burn Trailer Fire Training Facility in

Commissioners Morgan County

Bryan County Purchase a four wheel drive unit for the fire

Commission department in Bryan County

City of Soperton Purchase land adjacent to city park in the City of

Soperton

McDuffie

Repair and construction costs at the McDuffie County

County

Fire Station and to upgrade equipment

Commission

Jasper County Rehabilitate four wells in Jasper County

Board of

Commissioners

City of

Renovation to Winterville City Park and Winterville

Winterville Depot, infrastructure and improvements

White County Purchase Automatic External Defibrillators for certain

Board of

emergency vehicles in White County

Commissioners

Athens-Clarke Provide programs to minority businesses in Northeast

County

Georgia

Commission

Decatur County Purchase Decatur County fire and rescue equipment

$ 30,000 $ 25,000 $ 9,000 $ 15,000 $ 10,000 $ 20,000 $ 10,000 $ 50,000
$ 11,000 $ 30,000 $ 22,000 $ 50,000
$ 15,000 $ 20,000 $ 50,000
$ 25,000 $ 12,500

3272

JOURNAL OF THE HOUSE

Echols County Reimbursement to Echols County for capital felony

Commission expenses incurred

City of East

Expansion of water and sewer facilities; purchase of

Dublin

right-of-way in the City of East Dublin

City of Richland Renovate the old Richland High School office space

in the City of Richland

City of Darien Purchase a new sanitation truck for the City of Darien

City of Euharlee Funds to construct a City Hall Complex in the City of

Euharlee

Long County 2001 Police Interceptor for the Long County Sheriffs'

Commissioners Department

City of Valdosta Funds for a feasibility study for development of a

stadium for joint use by Valdosta High School and

Valdosta State University in Lowndes County

Berrien County Clean and restore cemeteries in Berrien County

Commission

Peach County Jail roof replacement and repair in Peach County

Commission

City of Claxton Purchase firefighting protective gear and equipment

for Claxton Fire Department

Tattnall County Purchase safety equipment for Emergency

Commission Management Agency in Tattnall County

City of Blakely Fund sidewalk and handicap crosswalk improvements

in the City of Blakely

City of Rossville Fund revitalization project in the City of Rossville

City of Emerson Renovation and relocation of Emerson City Hall

Treutlen County Expansion and renovation of Treutlen County

Commission Courthouse

City of Pooler Purchase video cameras for city patrol vehicles, plus

accessories for recording and housing each unit in the

City of Pooler

City of Ludowici Ludowici City Jail Renovation Project

Bryan County Purchase of new Class A pumpers in Bryan County

Commission

Chatham County Provide a firing range to the AASU Law Enforcement

Commission Training Center in Chatham County

City of Emerson Purchase life saving tool, Jaws of Life, in the City of

Emerson

Calhoun County Purchase of hospital equipment for Calhoun County

Commission

$ 50,000 $ 25,000 $ 50,000 $ 50,000 $ 45,000 $ 20,738
$ 25,000
$ 30,200 $ 85,000 $ 15,000 $ 10,000 $ 20,000 $ 10,000 $ 35,000 $ 25,000
$ 25,000 $ 30,000 $ 20,000 $ 25,000 $ 8,000 $ 45,000

MONDAY, MARCH 19, 2001

3273

City of

Funds for Emergency Management Command Center

Kennesaw

in the City of Kennesaw

City of Locust Establish a K-9 unit for the City of Locust Grove

Grove

City of Macon Funding for general operation expenses at the James

Wimberly Institute in the City of Macon

Warren County Purchase of EMS and fire equipment for Warren

Commission County

Wayne County Purchase fire fighting equipment for rural volunteer

Commission fire departments in Wayne County

City of Acworth Purchase Alco Sensors for the police department in

the City of Acworth

City of Clayton Replacement of damaged sewer line in the City of

Clayton

City of Pooler Complete Joe Baker Park Project on Highway 80 in

the City of Pooler

City of Pooler Purchase new 800 mhz radios for the City of Pooler

City of Powder Repair and enhance safety on State Route 6 in West

Springs

Cobb County

City of Vienna Purchase a vehicle and a hydraulic rescue tool for the

City of Vienna

Wilcox County Purchase land and develop an Industrial Park in

Commissioners Wilcox County

City of Boston Downtown Streetscape Project in the City of Boston

Lowndes County Resurface the driveway and parking lot in Lowndes

Commissioners County

Taylor County Construction of a facility and holding pen for cattle,

Commissioners purchase of set of cattle scales in Taylor County

City of Broxton Purchase tractor for beautification of the City of

Broxton

City of

Funding for The Prison Rehabilitation Reclaiming of

Columbus

Prisoners in the City of Columbus

Bulloch County Pave the entry drive and parking area for the new

Commission community park in Nevels

City of White Sewage Pipeline in the City of White

City of Americus Landscaping, installing water lines, street

construction, and land acquisitions for cemeteries in

the City of Americus

Johnson County Funds for Raines Cross Road Community Facility and

Commission Fire Station in Johnson County

$ 20,000 $ 10,000 $ 15,000 $ 12,000 $ 20,000 $ 6,000 $ 25,000 $ 5,000 $ 10,000 $ 100,000 $ 44,350 $ 70,000 $ 20,000 $ 25,000 $ 65,000 $ 15,000 $ 20,000 $ 15,000 $ 25,000 $ 80,000
$ 7,500

3274

JOURNAL OF THE HOUSE

City of

Repair city docks in the City of Brunswick

Brunswick

City of

Operating expenses for Bainbridge Welcome Center

Bainbridge

City of Ephesus Renovation of newly acquired city hall/community

building in the City of Ephesus

Meriwether

Renovation and handicap accessible construction for

County

county commission offices in Meriwether County

Commission

Webster County Purchase a new cardiac monitor for EMS in Webster

Board of

County

Commissioners

Pike County Purchase communication equipment for the sheriff's

Commission office in Pike County

City of Metter Improvements for downtown Metter

Fulton County Pre-trial programs in the Fulton County Criminal

Board of

Justice system

Commissioners

City of Dearing Fund research and upgrade facilities at the Center for

Applied Nursery Research in the City of Dearing

City of Odum Purchase equipment for the Odum Volunteer Fire

Department

Lake City

Construct pedestrian access improvements to retail

and public facilities in Lake City

City of Atlanta Substance abuse programs in the City of Atlanta

Pierce County Construct restroom and concession facilities in the

Board of

City of Blackshear

Commissioners

City of Floyd Renovation to the courthouse in the City of Floyd

Atkinson County Purchase new fire truck for Atkinson County fire

Commissioners protection

Jeff Davis

Purchase equipment for Altamaha Fire Station

County

Commissioners

City of Atlanta Improve facade of Sweet Auburn Curb Market and

purchase equipment and improve parking lot in the

City of Atlanta

Bacon County Renovation of old City Hall in Alma

Commissioners

City of Alma Renovation of old City Hall in Alma

$ 80,000 $ 75,000 $ 20,000
$ 40,000
$ 14,926
$ 25,000 $ 25,000 $ 10,000
$ 50,000 $ 20,000 $ 30,000 $ 60,000 $ 30,000 $ 25,000 $ 20,000
$ 6,000
$ 44,000
$ 25,000 $ 25,000

MONDAY, MARCH 19, 2001

3275

Richmond

Fund landscaping projects at Terrace Manor

County Board Elementary School in Richmond County

of Education

Richmond

Purchase a marquee for Edward E. Murphy Middle

County Board School in Richmond County

of Education

Floyd County Fund summer teacher workshop, video equipment and

Board of

supplies at Coosa High School in Floyd County

Education

City of

Construction of additional parking and widening of a

Montezuma service lane at Montezuma City Hall

Evans County Pave parking lot and infrastructure for Technical

Commission school in Claxton

Hancock County Purchase tools and gear for Hancock County EMS and

Board of

Sparta Office

Commissioners

City of

City Hall renovations in the City of Hogansville

Hogansville

Thomas County Resurface parking area at Central Middle School in

Public Schools Thomas County

Coffee County Construct fire station in Wilsonville Fire District

Commissioners

Butts County Purchase a radio system for Butts County Sheriff's

Commission Department

City of Hoboken Improvements to facilities in the City of Hoboken

Greene County Complete fencing around the airport in Greene County

Board of

Commissioners

City of Kingston Fund digging of water well for the City of Kingston

Hancock County Purchase supplies and equipment for the Hancock

Board of

County Sheriffs' Office

Commissioners

Glynn County Repair culverts under Touchstone Parkway in the

Board of

Glynn County Public Safety Complex

Commissioners

Bartow County Construct service test/training site for Fire Department

Board of

in Bartow County

Commissioners

South Georgia Purchase equipment for various chambers of

RDC

commerce in region 11

$ 5,000
$ 5,000
$ 20,000 $ 40,000 $ 40,000 $ 20,000 $ 35,000 $ 15,000 $ 10,000 $ 15,000 $ 8,000 $ 20,000 $ 25,000 $ 11,000
$ 25,000
$ 75,000 $ 28,127

3276

JOURNAL OF THE HOUSE

City of Clarkston Purchase computers for police cars in the City of

Clarkston

Clayton County Replace heat pumps at the Clayton County Alzheimer

Board of

Center

Commissioners

Quitman County Replacement of fire pumper truck lost in fire for

Commission Quitman County

City of Stillmore Renovations to Stillmore City Hall

Lumpkin County Upgrading of Plat Records management in Lumpkin

Commission County

Grady County Purchase emergency management equipment and

Commission shelter upgrades in Grady County

City of Remerton Downtown beautification in the City of Remerton

Seminole County Construct parking for Seminole County Courthouse

Board of

Commissioners

Jefferson County Provide funds for Tri-City projects

Development

Authority

City of

Construct Downtown Streetscape in the City of

Cleveland

Cleveland

City of Unadilla Water repairs in the City of Unadilla

Warren County Construct a new building to house all emergency

Commission services in Warren County

Berrien County Partial funding of fire truck for East Berrien Volunteer

Board of

Fire Department

Commissioners

Chatham County Purchase and renovate existing building for Ash Tree

Commissioners Organization, Inc. in Chatham County

City of Dalton Funding for the Dalton Convention and Visitors

Center programs

Liberty County Establish a community development department in

Board of

Liberty County

Commissioners

Valdosta/

Provide funds for the Valdosta/Lowndes County Land

Lowndes

Bank Authority

County Land

Bank Authority

City of Atlanta Provide funds for programs and salaries at the

Metropolitan Community Foundation in the City of

Atlanta

$ 35,000 $ 50,000 $ 21,500 $ 5,000 $ 15,000 $ 25,000 $ 20,000 $ 20,000
$ 75,000 $ 25,000 $ 6,500 $ 30,000 $ 20,000 $ 40,000 $ 2,500 $ 50,000
$ 300,000
$ 85,700

MONDAY, MARCH 19, 2001

Houston County Start-up expenses for a residential program for

mentally handicapped adults in Houston County

City of

Renovation of the Benton Building in the City of

Monticello

Monticello

Jeff Davis

Assist with operating expenses for Ag Center

County

City of Eatonton Renovation of the Old Elementary School in Eatonton

for use as a community / educational center

Baldwin County Purchase a wheelchair accessible van in Baldwin

County

Taliaferro

Assist with extending water, sewer, and gas lines to

County Board new charter school on Taliaferro County

of Education

Greene County Renovate the old Greensboro Jail for office and

museum space in Greene County

Jones County For landscaping, traffic, and parking improvements at

the Jones County Civic Center

Putnam County Assist with furnishings and additional equipment for

the Workforce Development Center operated by the

Central Georgia Technical College in Putnam County

Coweta County Improvement to the Brownsville Depot in Coweta

County

City of Macon For a rail track relocation study in the City of Macon

Twiggs County For Probate Court Computers and software in Twiggs

County

City of Irwinton For City Hall repairs and renovations in the City of

Irwinton

Hancock County Repair to public buildings in Hancock County

Tattnall County For a gymnasium/physical education building in

Board of

Tattnall County

Education

Walton County Assist with construction of a Senior Center for Walton

County

Dodge County For a building for the Dodge County Recreation

Department

Wilcox County For land procurement and the development of an

industrial site in Wilcox County

Lee County

Construction of an athletic facility in Lee County

Board of

Education

Terrell County Refurbish and develop Terrell County Chamber of

Commerce and welcome center facilities

3277
$ 50,000 $ 100,000 $ 600,000 $ 30,000 $ 60,000
$ 40,000
$ 40,000 $ 40,000 $ 50,000 $ 75,000 $ 200,000 $ 25,000 $ 25,000 $ 100,000 $ 390,000
$ 373,000 $ 150,000 $ 80,000
$ 50,000
$ 100,000

3278

JOURNAL OF THE HOUSE

Mitchell County Purchase of the Hand Trading Building in Pelham

City of Camilla Restoration of historic depot building in Camilla

City of

Provide funds for North Georgia Mountain Museum in

Gainesville the City of Gainesville

Wilcox County Construction of a Wilcox County Recreation Complex

Commission

Twiggs County For Courthouse renovation in Twiggs County

Appling County For capital projects at Appling County Hospital

Lamar County Provide funds for Agricultural Exposition in Lamar

County

Monroe County Provide funds for Civic Center in Culloden

Gwinnett County For athletic facility for South Gwinnett High School in

Board of

Gwinnett County

Education

Gwinnett County For athletic facility for Shiloh High School in

Board of

Gwinnett County

Education

City of Forsyth Construction of a frontage road sidewalk in the City of

Forsyth

Dade County Renovations and repairs to Dade County Courthouse

City of Stone ART Station, Inc. after school/summer camp program

Mountain

for scholarships and operating expenses for the City of

Stone Mountain

City of

Park improvements for the City of Jonesboro

Jonesboro

City of Forest Sidewalk improvements to schools in the City of

Park

Forest Park

City of Riverdale Sidewalk improvements to schools in the City of

Riverdale

Cook County Operating funds for Project Turn Around in Cook

County

Chattahoochee Operating funds for the Chattahoochee County School

County Board Board

of Education

City of Franklin Purchase a pumper truck for Franklin Springs Fire

Springs

Department

Gwinnett County Operating expenses for Brookwood High School in

Gwinnett County

City of Augusta Funds for the Augusta Cotton Exchange Museum

$ 75,000 $ 75,000 $ 150,000 $ 70,000 $ 100,000 $ 150,000 $ 50,000 $ 50,000 $ 50,000
$ 50,000
$ 20,000 $ 50,000 $ 15,000
$ 40,000 $ 50,000 $ 40,000 $ 24,000
$ 25,000
$ 25,000 $ 75,000 $ 50,000

MONDAY, MARCH 19, 2001

3279

City of

Purchase of library equipment in Yatesville

Yatesville

Library

Trustees

Haralson County Provide funds for Haralson County Historic Court

House

Polk County Contract for fire department construction and

equipment for Polk County

Wilkes County Purchase of equipment for Memorial Hospital in

Wilkes County

Haralson County Construction and operation of Senior Citizen facility

in Haralson County

Fulton County Provide startup funds for Drivers Education program

at Creekside High School in Fulton County

Clayton County Provide funds for Calvary Refuge Center in Clayton

County

Dougherty

Provide funds for PTA program enhancements at

County Board Martin Luther King Jr. Elementary School in of Education Dougherty County

Baker County Provide funds for PTA program enhancements at

Baker County Elementary

City of Athens Provide funds for an after school tutorial program

through the Athens Tutorial Program

Chatham County Provide funds for Communities in Schools for

Chatham County

Peach County Provide funds for the Peach County FFA Livestock

project

Clayton County Purchase playground equipment for Riverdale

Elementary School in Clayton County

Athens/Clarke Provide funds for Recording for the Blind in

County

Athens/Clarke County

Fulton County Operating funds for Midnight Basketball League for

tutorial and after school programs in Fulton County

City of Atlanta Provide funds for Metropolitan Atlanta Senior Center

City of Conyers Provide funds for a park in the City of Conyers

City of Lithonia Provide funds for CARE in the City of Lithonia

Dekalb County Historic home restoration for Fernbank Museum of

Natural Resources in Dekalb County

Cobb County Provide funds for landscaping, lighting, and drainage

at South Cobb Community Center

$ 36,000
$ 150,000 $ 275,000 $ 100,000 $ 200,000 $ 10,000 $ 10,000
$ 2,000
$ 1,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000 $ 10,000 $ 10,000 $ 30,000 $ 6,000 $ 5,000 $ 20,000 $ 10,000

3280

JOURNAL OF THE HOUSE

Cobb County Provide funds for Foundation 2000 for Children in the

Board of

Pebblebrook Cluster in South Cobb County

Education

Cobb County Provide funds for the South Cobb High School

Board of

Education Foundation

Education

Twiggs County Provide for the renovation of the Twiggs County

Courthouse

Macon County Renovate the Macon County Tax Commissioner's

Office

Sumter County Provide funds for band uniforms and equipment at

Board of

Americus High School in Sumter County

Education

City of Shellman Purchase a defribillator for the City of Shellman

Randolph

Provide funds for outpatient mental/health substance

County

abuse facility in Randolph County

Dekalb County Purchase of a marquee for Wadsworth Elementary

School in Dekalb County

Effingham

Provide funds for the Student Transition and Recovery

County

(STAR) program in Effingham County

Stephens County Provide funds for computer equipment at Stephens

Board of

County Middle School

Education

Stephens County Provide funds for computer equipment at the

Board of

Crossroads Alternative School in Stephens County

Education

Schley County Provide funds for construction of an athletic complex

in Schley County

Stephens County Provide funds for an Ecological Center for public

Board of

education and outdoor classroom in Stephens County

Education

City of Metter Fund a softball field in the City of Metter

City of Jesup Provide funds for McMillan Creek Park project in

City of Jesup

Houston County Provide funds for Houston County Association for

exceptional adults residential program

Troup County Feasibility study of a city golf course in Troup County

Randolph

Funds for technology improvements for the Randolph

County Board County Board of Education

of Education

$ 20,000
$ 10,000 $ 50,000 $ 25,000 $ 25,000 $ 3,000 $ 10,000 $ 5,000 $ 115,000 $ 25,000
$ 25,000 $ 100,000 $ 45,000 $ 5,000 $ 40,000 $ 35,000 $ 10,000 $ 15,000

MONDAY, MARCH 19, 2001

3281

Fulton County Provide funds for Legislative Conference on Education

$ 40,000

Provided, however, that the Department shall grant to the Southeast Georgia Regional Development Center from the Regional Planning and Development Contracts object class a total of $76,000 for operating expenses.

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.

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%.

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%.

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.

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 Asst. Group
1 2

Standards of Need $ 235
356

Maximum Monthly Amount $ 155 235

3282

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 above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

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.

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.

MONDAY, MARCH 19, 2001

3283

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 $8,000 for the taxable year beginning January 1, 2001.

Section 48.

Provisions Relative to Section 30, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 49.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2002.

Section 50. 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.

3284

JOURNAL OF THE HOUSE

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.
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

MONDAY, MARCH 19, 2001

3285

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 51.
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 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the

3286

JOURNAL OF THE HOUSE

members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph 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

MONDAY, MARCH 19, 2001

3287

department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.
Section 58.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of

3288

JOURNAL OF THE HOUSE

budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 60. Salary Adjustments.
The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide for general salary adjustments of 3.5% for employees of the Judicial, Legislative and Executive branches, with the amount of the appropriations for this purpose calculated according to an effective date of October 1, 2001. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for a cost-of-living adjustment of 3.5% for each state officer whose salary is set by Code Section 45-7-4, including members of the General Assembly, 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. This proposed 4.5% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule. The amount of the appropriation for this purpose is 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 all other numbered items, to provide a 4.5% funding level for increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with the fall semester, 2001, for Regents faculty and calculated to commence October 1, 2001, for non-academic personnel. 6.) In lieu of all other numbered items, to provide a 4.5% salary increase for public librarians with the appropriation for this purpose calculated according to an effective date of September 1, 2001. 7.) In lieu of all other numbered

MONDAY, MARCH 19, 2001

3289

items, except no. 14, 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 September 1, 2001, and to provide for a 3.5% salary increase 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 item no. 1 above, to adjust the annual salaries of Executive Branch employees earning below the Statewide Salary Plan target hire to the 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. 9.) In addition to items no. 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 any salary adjustments or supplements provided for in the other numbered items, to provide for a 2% one-time lump sum incentive payment for Executive Branch employees who surpass performance 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 payment on the pay date for the pay period commencing October 1, 2001. 11.) In addition to the general salary adjustments in items no. 1, 8 and 9 above, to provide salary supplements and adjustments for Department of Human Resources, Division of Family and Children Services social service case manager and supervisor employees as follows: increase entry level salaries; provide a 5% supplemental in-range salary adjustment; provide a 5% salary supplement for all case managers who perform child protection investigations and placement activities; provide an additional 5% salary adjustment for social service case managers with a Masters Degree in Social Work, and provide an additional 5% salary adjustment for social service supervisor employees with a Masters Degree in Social Work. The amount of the appropriations for this purpose is calculated according to an effective date of October 1, 2001. 12.) In addition to the general salary adjustment in items no. 1, 8 and 9 above, to provide supplemental salary adjustments to assign Department of Public Safety sworn personnel job classes to the indicated pay grade as follows: 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). Amounts for these adjustements are calculated at a minimum to raise the salaries of affected employees to the target hire rates of the new pay grade or by 4% whichever is greater. The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 13.) In addition to the general salary adjustment in items no 1, 8 and 9 above, to provide supplemental salary adjustments to raise by one pay grade the following Georgia Bureau of Investigation sworn personnel job classes: Narcotic Agent (to grade 15); Special Agent (to grade 15); Senior Special Agent (to grade 16); Principal Agent (to grade 17); Assistant Special

3290

JOURNAL OF THE HOUSE

Agent in Charge (to grade 19); Special Agent in Charge (to grade 20) and Inspector (to grade 21). Amounts for these adjustments are calculated at a minimum to raise the salaries of affected employees to the target hire rates of the new pay grade or by 4%, whichever is greater. The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 14.) In addition to the general salary adjustment in item no. 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. 15.) In addition to the general salary adjustments in items no. 1, 8 and 9 above, to provide supplemental in-range salary adjustments 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. 16.) In addition to the general salary adjustments in items no. 1, 8 and 9 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. 17.) In addition to any salary adjustments or supplements provided for in the other numbered items, 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 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,454,610,013

Section 62.

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

Section 63.

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

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 175.

MONDAY, MARCH 19, 2001

3291

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 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 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 E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y 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 Y Jennings Y Johnson Y Jordan Y Joyce E 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 E Mobley Y Morris Y Mosley

Y Mueller Y Orrock E 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
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 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 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 N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 150, nays 23. The motion prevailed.

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

3292

JOURNAL OF THE HOUSE

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 report of the Committee, which was favorable to the 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 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 Y Floyd Y Forster Y Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y 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 E 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 E 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 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 Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, MARCH 19, 2001

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3293
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.

SB 270. By Senators Kemp of the 3rd, Hecht of the 34th and Ray of the 48th:
A bill to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow state and magistrate court judges to set bond under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representatives Jenkins of the 110th and Barnard of the 154th, was read and adopted:

A BILL
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to clarify that the Department of Corrections has authority to supervise misdemeanor sentences transferred from out of state under the Interstate Supervision Compact; to allow state and magistrate court judges to set bond 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. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and imposition of punishment, is amended in Code Section 17-10-1, relating to sentencing, by striking subparagraph (a)(3)(B) in its entirety and inserting in lieu thereof the following:
"(B) A parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or with a new felony shall not be entitled to bond pending a hearing on the revocation of his or her

3294

JOURNAL OF THE HOUSE

parole or probation, except by order of a judge of the superior, state, or magistrate court wherein the alleged new offense occurred after a hearing and upon determination of the superior, state, or magistrate court that the parolee or probationer does not constitute a threat to the community; provided, however, that this subparagraph does not authorize state or magistrate court judges to grant bail for a person charged with any offense listed in subsection (a) of Code Section 17-61."
SECTION 2. Said chapter is further amended by striking subsection (f) of Code Section 17-10-3, relating to Department of Corrections supervision of misdemeanor sentences, and by adding a new subsection (f) to read as follows:
"(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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 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 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 Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y Orrock E 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 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 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

MONDAY, MARCH 19, 2001

Y Hammontree Y Hanner Y Harbin E 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 Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

3295
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.

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.

The following Committee substitute was read:

A BILL
To amend Titles 24, 31, and 45 of the Official Code of Georgia Annotated, relating to evidence, health, and public officials, respectively, so as to provide for the release of medical records; to clarify the procedures for subpoenaing medical records; to provide for

3296

JOURNAL OF THE HOUSE

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 exceptions; to provide for applicability; to change the definition of a certain term; to define additional terms; to provide conditions under which a provider may release copies of medical records of deceased and living persons; to provide that, upon written request from the personal representative of the patient or survivor of the patient, a provider having custody and control of the patients record shall furnish a complete and current copy of that record; to provide that any record requested under certain provisions of law shall be furnished to any personal representative of the patient or any survivor of the patient; to provide that a provider shall not be required to release records to any personal representative of the patient or any survivor of the patient under this Act unless and until the requesting person has furnished the provider with a signed written statement certifying that he or she is either a personal representative or a survivor; to provide that any provider or person who in good faith releases copies of any medical records pursuant to this Act shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patients estate, or to any other person; 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 provide for related matters; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, the General Assembly finds and declares that access to patients medical records pursuant to lawful discovery procedures and other means is necessary and appropriate, with certain conditions, for the orderly progression and disposition of litigation and other administrative proceedings; and
WHEREAS, the General Assembly finds that hospitals, nursing homes, and other health care providers in the State of Georgia have a legitimate interest in having clear guidelines for the release and handling of medical records; and
WHEREAS, the Supreme Court of Georgia has recently recognized a constitutional right of privacy in medical records that is qualified by only three limited exceptions:
(1) The patient has consented to the release of his or her medical records or has placed his or her medical condition in controversy; (2) The patient has received notice of a persons efforts to gain access to the medical records and the patient fails to object; or (3) The state has shown a compelling interest for obtaining the medical records without the patients consent; and
WHEREAS, pursuant to the Health Insurance Portability and Accountability Act of 1996, the United States Department of Health and Human Services recently published comprehensive regulations governing the confidentiality of patients medical records; and

MONDAY, MARCH 19, 2001

3297

WHEREAS, the General Assembly finds that there is a need to reconcile the holdings of the Supreme Court of Georgia with the provisions of the new federal privacy regulations and to foster consistency between state and federal law in the treatment of medical records; and
WHEREAS, the General Assembly finds and declares that the State of Georgia has a compelling interest in enhancing the quality of health care provided in the state, in ensuring the orderly disposition of deceased bodies and investigations of possible causes of death, in preventing and investigating fraud and abuse by providers in the Georgia Medicaid program, in protecting elderly and vulnerable patients from abuse and neglect and in investigating allegations of abuse and neglect, and in ensuring the fitness of physicians, dentists, pharmacists, and other health care providers to render treatment and care to the citizens of this state and that these compelling state interests, when balanced against patients interests in privacy, warrant limited exceptions for the disclosure of medical records without notice to or involvement of a patient or a decedents personal representative or survivors; and
WHEREAS, the General Assembly desires to protect the health, safety, and welfare of the citizens of the State of Georgia.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-40, relating to when and by whom medical information may be released, in its entirety and inserting in lieu thereof the following:
"24-9-40. (a) For purposes of this Code section, the term 'provider' shall mean all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. The term 'provider' shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43 or under Chapter 4 of Title 26. The term 'provider' shall also include the state, state agencies, and subdivisions of the state. (a)(b) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, provider shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 or in connection with licensing and certification responsibilities of the department and or where the department is authorized or required

3298

JOURNAL OF THE HOUSE

by law, statute, or lawful regulation by means other than a subpoena; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility provider releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness. (b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding. (c) This Code section shall not apply to, and a provider shall be authorized to release medical records in, the following situations:
(1) A subpoena issued under authority of law by a coroner, chief medical examiner, or medical examiner or a subpoena issued by the division director of the Professional Licensing Boards Division of the Office of the Secretary of State pursuant to Code Section 43-1-19 or the Composite State Board of Medical Examiners pursuant to Code Section 43-34-37; (2) A request for production of documents under subsection (c) of Code Section 911-34; or (3) A subpoena issued by the commissioner of community health pursuant to Code Section 49-4-151 or a subpoena issued by the Attorney General pursuant to Code Section 45-15-17. (d) The provisions of this Code section shall not apply to psychiatric, psychological, mental health, AIDS confidential information, or substance abuse records of a patient, none of which may be released pursuant to a subpoena except when issued by the division director of the Professional Licensing Boards Division of the Office of the Secretary of State pursuant to Code Section 43-1-19 or the Composite State Board of Medical Examiners. (e) Nothing in this Code section shall be deemed to abrogate or modify in any way the provisions of Code Sections 6-2-5.1, 17-5-21, 19-7-5, 27-3-7, 30-5-4, 31-2-6, 31-7-9, 34-9-207, 40-5-55, and 52-7-12."

MONDAY, MARCH 19, 2001

3299

SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Code Section 31-33-1, relating to definitions, and inserting the following:
"31-33-1. As used in this chapter, the term:
(1) 'Patient' means any person who has received health care services from a provider. (2) 'Personal representative' means any person appointed as the administrator or executor of a decedents estate, any person appointed as the guardian or temporary guardian of the person of a patient, any administrator or temporary administrator, or any person appointed as an attorney in fact by the patient. (2)(3) 'Provider' means all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. It shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43 or under Chapter 4 of Title 26. (3)(4) 'Record' means a patients health record, including, but not limited to, evaluations, diagnoses, prognoses, laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patients condition, or the pertinent portion of the record relating to a specific condition or a summary of the record. (5) 'Survivor' means any person entitled to bring an action for wrongful death of a decedent under Code Section 51-4-2, 51-4-4, or 51-4-5.
SECTION 3. Said title is further amended by striking in its entirety Code Section 31-33-2, relating to furnishing copy of records to patient or provider, and inserting in lieu thereof a new Code Section 31-33-2 to read as follows:
"31-33-2. (a) Upon written request from the patient, personal representative of the patient, or survivor of the patient, the provider having custody and control of the patients record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. (b) Any record requested under subsection (a) of this Code section shall be furnished to the patient, any other provider designated by the patient, or any other person designated by the patient, any personal representative of the patient, or any survivor of the patient. (c) If the provider reasonably determines that disclosure of the record to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patients record shall, upon written request by the patient, be furnished to any other provider designated by the patient.

3300

JOURNAL OF THE HOUSE

(d) A provider shall not be required to release records to any personal representative of the patient or any survivor of the patient under this Code section unless and until the requesting person has furnished the provider with a signed written authorization indicating that he or she is either a personal representative or a survivor as defined in Code Section 31-33-1. Any provider shall be justified in relying on such written authorization. (e) Any provider or person who in good faith releases copies of any medical records pursuant to this Code section shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patients estate, or to any other person."
SECTION 4. Title 45 of the Official Code of Georgia Annotated, relating to public officials, is amended in Code Section 45-16-27, relating to coroner inquests, by striking subsection (c) and inserting in its place the following:
"(c) When a coroner or a medical examiner or a medical examiner from the office of chief medical examiner, as established in Code Section 35-3-153, conducts an investigation into the death of an individual, the coroner, or medical examiner, or medical examiner from the office of chief medical examiner shall be authorized to issue subpoenas to compel the production of any books, records, including but not limited to medical records from hospitals, medical clinics, psychiatric hospitals, physicians offices, chiropractors offices, and any other health care delivery facility, or papers relevant to the cause of death including without limitation AIDS confidential information as defined by Code Section 31-22-9.1. Any books, records, or papers received by the coroner, or medical examiner, or medical examiner from the office of chief medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. A medical examiner from the office of chief medical examiner shall pay the costs of copying from state funds within 30 days after a bill therefor is submitted to the state."
SECTION 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

MONDAY, MARCH 19, 2001

3301

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Allen of the 117th and Martin of the 47th move to amend the Committee substitute to SB 210 by striking lines 1 through 37 on page 3 and lines 1 through 25 on page 4 and inserting in lieu thereof the following:
"SECTION 1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-40, relating to when and by whom medical information may be released, in its entirety and inserting in lieu thereof the following:
'24-9-40. (a) For purposes of this Code section, the term "provider" shall mean all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. The term provider shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43 or under Chapter 4 of Title 26. The term provider shall also include the state, state agencies, and subdivisions of the state. (a)(b) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, provider shall be required to release any medical information concerning a patient except: to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on
(1) On written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor,; or on (2) On appropriate court order. or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the (c) If a patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative or civil or criminal proceeding, the procedural

3302

JOURNAL OF THE HOUSE

requirement of subsection (c) of Code Section 9-11-34 shall apply. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness. (b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding. (d) If a patient places his or her care and treatment or the nature and extent of his or her injuries in issue in any criminal proceeding, a medical record shall only be released upon court order, following a hearing in a court of competent jurisdiction to determine whether the requested information shall be released. In the event of a hearing, the patient shall be given notice and an opportunity to be heard on the issue of the release of his or her medical record. (e) This Code section shall not apply to, and a provider shall be authorized to release medical records in, the following situations:
(1) A subpoena issued under authority of law by a coroner, chief medical examiner, or medical examiner; (2) A subpoena issued by the division director of the professional licensing boards division of the office of the Secretary of State pursuant to Code Section 43-1-19; (3) A subpoena issued by the Composite State Board of Medical Examiners pursuant to Code Section 43-34-37; (4) A request for production of documents under subsection (c) of Code Section 911-34; (5) A subpoena issued by the commissioner of community health pursuant to Code Section 49-4-151; (6) A subpoena issued by the Attorney General pursuant to Code Section 45-15-17; (7) The Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 3112-2 or in connection with licensing and certification responsibilities of the department or where the department is authorized or required by law, statute, or lawful regulation by means other than a subpoena; or (8) A subpoena issued by the Office of the Child Advocate for the Protection of Children pursuant to Code Section 15-11-174. (f) The provisions of this Code section shall not apply to psychiatric, psychological, mental health, AIDS confidential information, or substance abuse records of a patient, none of which may be released pursuant to a subpoena except when issued by the division director of the professional licensing boards division of the office of the

MONDAY, MARCH 19, 2001

3303

Secretary of State pursuant to Code Section 43-1-19 or the Composite State Board of Medical Examiners pursuant to Code Section 43-34-37. (g) Nothing in this Code section shall be deemed to abrogate or modify in any way the provisions of Code Sections 6-2-5.1, 17-5-21, 19-7-5, 27-3-7, 30-5-4, 31-2-6, 31-7-9, 34-9-207, 40-5-55, and 52-7-12. (h) Any provider releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena pursuant to this Code section shall not be liable to the patient or any other person.'"

Representatives Reichert of the 126th, Allen of the 117th and Martin of the 47th move to amend the Allen amendment to SB 210 as follows:
P. 1, line 19, delete the words "be required to".

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
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 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 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 Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Orrock E 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
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

3304
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 Harbin E 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 Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E 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
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 Y Wix Y Yates
Murphy, Speaker

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

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 following Senate substitute was read:

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; to provide for definitions; to provide for boards to administer

MONDAY, MARCH 19, 2001

3305

said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for debt of said districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be referred to as the "Gwinnett County Community Improvement Districts Act."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Gwinnett County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Gwinnett County at least once each week for four weeks prior to such meeting:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.

3306

JOURNAL OF THE HOUSE

As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district herein authorized. (3) "Caucus of electors" means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on notes or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All expenses of or incidental to determining the feasibility or practicability of any project; (G) All costs of plans and specifications for any project; (H) All costs of title insurance and examinations of title with respect to any project; (I) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; and (J) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation.

MONDAY, MARCH 19, 2001

3307

Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of notes or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (6) "Electors" means the owners of real property within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Gwinnett County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Gwinnett County Board of Tax Assessors, or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land

3308

JOURNAL OF THE HOUSE

otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereinunder," and "herewith" mean under this Act. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, and other services), provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Gwinnett County within the district as certified by the Gwinnett County tax commissioner. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (16) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Gwinnett County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Gwinnett County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the

MONDAY, MARCH 19, 2001

3309

conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:
(A) The Board of Commissioners of Gwinnett County if the district is located wholly within the unincorporated area of Gwinnett County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Gwinnett County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Gwinnett County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Gwinnett County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.
SECTION 5. Administration, appointment, and election of board members.
(a) Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Gwinnett County Board of Commissioners. One board member shall be appointed by the governing authority of each municipality, if any portion of the district lies within the incorporated area of such municipality, three board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The board shall be seven in number plus one for each member appointed by the governing authority of each municipality as provided above. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1, 2, and 3 shall be cast by electors and votes for posts 4, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4

3310

JOURNAL OF THE HOUSE

shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Gwinnett County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Gwinnett County as hereinafter provided. Thereafter, there shall be conducted, not later than 60 days following the last day for filing ad valorem real property tax returns in Gwinnett County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Gwinnett County at least once each week for four weeks prior to such election. (c) Board members shall be subject to recall as follows:
(1) By election, called by a resolution of the Board of Commissioners of Gwinnett County; (2) By election, called by a resolution of the administrative board of the district; (3) By election, called by a petition of 20 percent of the electors or a petition by holders of 20 percent of eligible votes represented by equity electors; (4) Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (5) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by any one of the necessary parties so that no agreement of cooperation is in force. (d) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board members position shall be declared vacant as of the date of the event terminating such status. (e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall

MONDAY, MARCH 19, 2001

3311

elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector. (f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipalitys boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of Gwinnett County and the district originally had no land within the unincorporated area of Gwinnett County, the Board of Commissioners of Gwinnett County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Gwinnett County or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia, all property used for residential, agricultural, or forestry purposes, and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Gwinnett County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Gwinnett County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1

3312

JOURNAL OF THE HOUSE

percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Gwinnett County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the Gwinnett County Board of Commissioners if wholly within the unincorporated area of Gwinnett County and such municipalities within which the district may be partially located if partially within the unincorporated area of Gwinnett County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 hereof, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Gwinnett County, if any portion of the district is or is to be in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation. (c) The boundaries of a district may also be increased after the initial creation of a district if: (1) Written consent of the owners of any real property sought to be annexed and which will not be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and

MONDAY, MARCH 19, 2001

3313

(3) A resolution is adopted which grants consent to the annexation by the governing authorities of Gwinnett County, if any portion of the district is in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation. (d) Property which is not subject to taxes, fees, and assessments levied by the board of the district and which is adjacent to, contiguous to, or abutting property within the district may be annexed by: (1) The adoption of a resolution approving the annexation by the board of the district; and (2) The adoption of a resolution granting consent to the annexation by the governing authorities of Gwinnett County, if any portion of the district is in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation.
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. No district shall be authorized to issue bonds or incur bonded indebtedness.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board, the governing body of Gwinnett County, and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Gwinnett County or any such municipality to provide services or facilities within the district; and Gwinnett County or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Any community improvement district created pursuant to this Act shall indemnify and hold harmless the State of Georgia, Gwinnett County, any municipality located wholly or partially within such community improvement district, and any other unit of government of the State of Georgia other than such community improvement

3314

JOURNAL OF THE HOUSE

district from any claim or cause of action asserted against, or which is capable of assertion against, such community improvement district arising from the acts or omissions of the community improvement district. Neither the State of Georgia, Gwinnett County, any municipality located wholly or partially within such district, nor any other unit of government of the State of Georgia other than the district shall be responsible or liable for payment of any sum arising from a claim or cause of action asserted, or which might have been asserted, against such community improvement district arising from the acts or omissions of the community improvement district.
SECTION 10. Powers.
(a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the districts public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;

MONDAY, MARCH 19, 2001

3315

(7) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (8) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (9) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (10) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (11) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (12) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (13) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Gwinnett County and any municipal corporations in which the district is wholly or partially located; (14) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (16) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing Gwinnett County or municipal corporation services; and (17) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.

3316

JOURNAL OF THE HOUSE

SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 12. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the Gwinnett County Board of Commissioners if wholly within the unincorporated area of Gwinnett County and such municipalities within which the district may be located if partially within the unincorporated area of Gwinnett County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Gwinnett County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds (67 percent) of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Gwinnett County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the

MONDAY, MARCH 19, 2001

3317

dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority of a municipality if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation. (g) No obligation of debt may be entered into beyond the term or life of the district.
SECTION 13. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

Representative Bannister of the 77th moved that the House agree to the Senate substitute to HB 654.
On the motion the ayes were 120, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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

3318

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and withdrawn:

A BILL
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, membership, 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 authorize receipt of certain federal funds by the authority; to define and redefine certain terms relating to the authority; to provide for the scope of projects of the authority and the operations and financing of the authority; to authorize the authority to receive and administer certain federal assistance; to provide for the issuance of bonds by the authority and the repayment of such bonds from certain sources; to provide for related matters; to amend numerous provisions of the Official Code of Georgia Annotated 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," is amended by striking paragraphs (5) and (7) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and inserting in their respective places new paragraphs to read as follows:
"(5) The department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Road and Tollway Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;"

MONDAY, MARCH 19, 2001

3319

"(7) The department and the State Road and Tollway Authority shall be the proper agency agencies of the state to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for public road and other transportation purposes in this state. The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;"
SECTION 1-2. Said Title 32 is further amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on contracting powers of the Department of Transportation, and inserting in its place a new paragraph to read as follows:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; or (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority."
SECTION 1-3. Said Title 32 is further amended by striking subsection (c) of Code Section 32-4-22, relating to the Developmental Highway System, and inserting in its place a new

3320

JOURNAL OF THE HOUSE

subsection to read as follows: "(c) The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Authority is authorized to construct all or any part of such system and to enter into agreements with the department, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-1090.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation."
SECTION 1-4. Said Title 32 is further amended by striking subsection (a) of Code Section 32-5-1, relating to receipt of federal funds, and inserting in its place a new subsection to read as follows:
"(a) The director of the Office of Treasury and Fiscal Services is designated the a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority."
SECTION 1-5. Said Title 32 is further amended by striking Code Section 32-5-2, relating to appropriation of federal funds, and inserting in its place a new Code section to read as follows:
"32-5-2. All federal funds received by the director of the Office of Treasury and Fiscal Services under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department."
SECTION 1-6. Said Title 32 is further amended by striking paragraph (2) and paragraphs (5) through (8) of Code Section 32-10-60, relating to definitions applicable to the State Tollway Authority, and inserting in their respective places new paragraphs to read as follows:
"(2) 'Authority' means the State Tollway Authority created by the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after the date of the year 2001 change of the authoritys

MONDAY, MARCH 19, 2001

3321

name also means the State Road and Tollway Authority." "(5) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels with access limited or unlimited as determined by the authority and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass transportation or mass transportation facilities as determined by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities; provided, however, that no revenues shall be utilized for garvee bond issuance related to mass transportation which are not derived from federal funds dedicated to mass transportation. For purposes of this paragraph, the term 'garvee bond' has the meaning provided by Code Section 32-10-90.1. (6) 'Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. (6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose. (7) 'Revenue bonds,' or 'revenue bond,' 'bonds,' or 'bond' means those negotiable revenue any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article, including without limitation obligations issued to refund any of the foregoing. (8) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects."
SECTION 1-7. Said Title 32 is further amended by striking Code Section 32-10-61, relating to

3322

JOURNAL OF THE HOUSE

continuation of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
"32-10-61. The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'State Road and Tollway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 32-10-110."
SECTION 1-8. Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-62, relating to membership of the State Tollway Authority, and inserting in lieu thereof the following:
"(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, and the director of the Office of Planning and Budget, one member of the State Transportation Board to be selected by and serve at the pleasure of the State Transportation Board, one member to be appointed by the Lieutenant Governor and to serve during the term of office of the Lieutenant Governor and until a successor is duly appointed and qualified, and one member to be appointed by the Speaker of the House of Representatives and to serve during the term in office of the Speaker of the House of Representatives and until a successor is duly appointed and qualified; and membership shall be a separate and distinct duty for which they shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article."
SECTION 1-9. Said Title 32 is further amended by striking paragraphs (7), (8), (13), and (14) of Code Section 32-10-63, relating to powers of the State Tollway Authority, and inserting in their respective places new paragraphs to describe powers of the State Road and Tollway Authority and to read as follows:
"(7) To accept and administer any federal highway or federal transit funds and any other federal highway or transit assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States

MONDAY, MARCH 19, 2001

3323

government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from earnings revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof;" "(13) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; and (14) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authoritys bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (14)(15) To do all things necessary or convenient to carry out the powers expressly given in this article."
SECTION 1-10. Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-64, relating to general toll powers of the State Tollway Authority, and inserting in lieu thereof the following:
"(a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authoritys toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of each project all projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project."
SECTION 1-10.1. Said Title 32 is further amended by striking Code Section 32-10-69, relating to conveyance of property to the State Tollway Authority, and inserting in lieu thereof the

3324

JOURNAL OF THE HOUSE

following: "32-10-69. (a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70. (c) The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority."
SECTION 1-11. Said Title 32 is further amended by striking paragraphs (5) and (6) of Code Section 3210-72, relating to the authority fund of the State Tollway Authority, and inserting in lieu thereof the following:
"(5) The most advantageous open market purchase of the authoritys bonds that the authority may accomplish; and (6) Investment at the highest interest rate obtainable in United States government securities of guaranteed convertibility or maturities not in excess of two years, provided that all funds so invested and all earnings of such funds shall always be available to and ultimately expended for the other purposes of this Code section in such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds, the transfer of funds to the department to be used by the department

MONDAY, MARCH 19, 2001

3325

for department purposes."
SECTION 1-12. Said Title 32 is further amended by striking Code Section 32-10-90, relating to power of the State Tollway Authority to issue bonds, and inserting in its place a new Code section to read as follows:
"32-10-90. The authority shall have the power and is authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in paragraph (4) of Code Section 32-10-60, of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable from and may be secured by a pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue or by a pledge of any other revenues of the authority that are legally available for such purpose. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section 32-10-91, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."
SECTION 1-12.1. Said Title 32 is further amended by adding immediately after Code Section 32-10-90 a new Code Section 32-10-90.1 to read as follows:
"32-10-90.1. (a) As used in this Code section, the term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued by the authority which is an eligible debt financing instrument within the scope of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in whole or in part, directly or indirectly, from federal funds. (b) With respect to garvee bonds and projects financed by garvee bonds, the provisions and limitations of this Code section shall control over any other conflicting provisions of this article, it being the intention of the General Assembly that grant anticipation revenue vehicles and projects funded thereby be fully subject to the terms expressed in this Code section. (c) The authority and the department shall give priority in the issuance of garvee bonds to paying the cost of projects which are part of the Developmental Highway System as set out in Code Section 32-4-22, as now or hereafter amended. (d) Any project the cost of which is paid from the proceeds of garvee bonds shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation.

3326

JOURNAL OF THE HOUSE

(e) If during any state fiscal year the amount of federal reimbursement available to the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90 percent of the amount available during Fiscal Year 2000-2001, the authority shall not thereafter issue any garvee bond. (f) If cost effective as determined by the authority, garvee bonds shall be insured."
SECTION 1-13. Said Title 32 is further amended by striking Code Section 32-10-92, relating to the form of bonds of the State Tollway Authority, and inserting in lieu thereof the following:
"32-10-92. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times within 40 years from the issuance thereof as the authority determines to be appropriate. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine."
SECTION 1-13.1. Said Title 32 is further amended by striking Code Section 32-10-93, relating to signing bonds, and inserting in lieu thereof the following:
"32-10-93. All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. The facsimile signatures of the chairperson and secretary of the authority may be imprinted thereon in lieu of the manual signatures of

MONDAY, MARCH 19, 2001

3327

such officers if the authority so directs in the resolution authorizing such bonds or otherwise. In case any officer whose manual or facsimile signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such persons may not have been so authorized or shall not have held such office."
SECTION 1-13.2. Said Title 32 is further amended by striking Code Section 32-10-99, relating to source of payment of bonds of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
"32-10-99. Revenue bonds issued under this article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable from the project revenues and funds of the authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section."
SECTION 1-14. Said Title 32 is further amended by striking Code Section 32-10-108, relating to transfer of projects to state highway system free from tolls, and inserting in lieu thereof the following:
"32-10-108. Upon payment if full of all bonds and the interest thereon, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department to be in a safe and satisfactory condition of repair and traffic capacity, shall may become part of the state highway system and thereafter shall be maintained by the department free of tolls. In the event such project or projects to be transferred are not in

3328

JOURNAL OF THE HOUSE

good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any given such project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him for any department expenditure."
PART II SECTION 2-1.
Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by striking the term "State Tollway Authority" and inserting in its place the term "State Road and Tollway Authority":
(1) In six places in Code Section 12-7-7.1, relating to preparation and implementation of sediment control plans under the "Erosion and Sedimentation Act of 1975"; (2) In two places in paragraph (9) of subsection (a) of Code Section 12-7-17, relating to exemptions from the "Erosion and Sedimentation Act of 1975"; (3) In one place in Code Section 32-1-8, relating to prohibited construction or maintenance of private roads by public agencies; (4) In three places in subsection (a) of Code Section 32-2-75, relating to retainage under state road, highway, and bridge contracts; (5) In one place in Code Section 32-10-65.1, relating to expiration of tolls established under article; (6) In one place in subsection (b) of Code Section 32-10-71, relating to acquisition, maintenance, and operation of tollway projects by the State Tollway Authority; (7) In one place in subsection (f) of Code Section 36-60-21, relating to local government contracts for toll roads and bridges; (8) In one place in paragraph (7) of subsection (a) of Code Section 40-16-2, relating to responsibilities of the Department of Motor Vehicle Safety; (9) In one place in Code Section 45-15-13, relating to representation of state authorities by Attorney General; (10) In one place in paragraph (9) of Code Section 50-17-21, relating to definitions of terms under the "Georgia State Financing and Investment Commission Act"; and (11) In one place in paragraph (2) of subsection (b) of Code Section 50-17-22, relating to the State Financing and Investment Commission.
PART III SECTION 3-1.

MONDAY, MARCH 19, 2001

3329

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Walker of the 141st et al., was read:
A BILL
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, membership, 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 authorize receipt of certain federal funds by the authority; to define and redefine certain terms relating to the authority; to provide for the scope of projects of the authority and the operations and financing of the authority; to authorize the authority to receive and administer certain federal assistance; to provide for the issuance of bonds by the authority and the repayment of such bonds from certain sources; to provide for related matters; to amend numerous provisions of the Official Code of Georgia Annotated 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," is amended by striking paragraphs (5) and (7) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and inserting in their respective places new paragraphs to read as follows:
"(5) The department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Road and Tollway Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or

3330

JOURNAL OF THE HOUSE

for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;" "(7) The department and the State Road and Tollway Authority shall be the proper agency agencies of the state to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for public road and other transportation purposes in this state. The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;"
SECTION 1-2. Said Title 32 is further amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on contracting powers of the Department of Transportation, and inserting in its place a new paragraph to read as follows:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; or (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority."

MONDAY, MARCH 19, 2001

3331

SECTION 1-3. Said Title 32 is further amended by striking subsection (c) of Code Section 32-4-22, relating to the Developmental Highway System, and inserting in its place a new subsection to read as follows:
"(c) The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Authority is authorized to construct all or any part of such system and to enter into agreements with the department, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-1090.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation."
SECTION 1-4. Said Title 32 is further amended by striking subsection (a) of Code Section 32-5-1, relating to receipt of federal funds, and inserting in its place a new subsection to read as follows:
"(a) The director of the Office of Treasury and Fiscal Services is designated the a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority."
SECTION 1-5. Said Title 32 is further amended by striking Code Section 32-5-2, relating to appropriation of federal funds, and inserting in its place a new Code section to read as follows:
"32-5-2. All federal funds received by the director of the Office of Treasury and Fiscal Services under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department."
SECTION 1-6. Said Title 32 is further amended by striking paragraph (2) and paragraphs (5) through (8) of Code Section 32-10-60, relating to definitions applicable to the State Tollway Authority, and inserting in their respective places new paragraphs to read as follows:

3332

JOURNAL OF THE HOUSE

"(2) 'Authority' means the State Tollway Authority created by the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after the date of the year 2001 change of the authoritys name also means the State Road and Tollway Authority." "(5) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels which are a part of the Developmental Highway System as set out in Code Section 32-4-22, as now or hereafter amended, or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (6) 'Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. (6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose. (7) 'Revenue bonds,' or 'revenue bond,' 'bonds,' or 'bond' means those negotiable revenue any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article, including without limitation obligations issued to refund any of the foregoing. (8) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects."

MONDAY, MARCH 19, 2001

3333

SECTION 1-7. Said Title 32 is further amended by striking Code Section 32-10-61, relating to continuation of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
"32-10-61. The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'State Road and Tollway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 32-10-110."
SECTION 1-8. Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-62, relating to membership of the State Tollway Authority, and inserting in lieu thereof the following:
"(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, and the director of the Office of Planning and Budget, one member of the State Transportation Board to be selected by and serve at the pleasure of the State Transportation Board, one member to be appointed by the Lieutenant Governor and to serve during the term of office of the Lieutenant Governor and until a successor is duly appointed and qualified, and one member to be appointed by the Speaker of the House of Representatives and to serve during the term in office of the Speaker of the House of Representatives and until a successor is duly appointed and qualified; and membership shall be a separate and distinct duty for which they shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article."
SECTION 1-9. Said Title 32 is further amended by striking paragraphs (7), (8), (13), and (14) of Code Section 32-10-63, relating to powers of the State Tollway Authority, and inserting in their respective places new paragraphs to describe powers of the State Road and Tollway Authority and to read as follows:
"(7) To accept and administer any federal highway or federal transit funds and any other federal highway or transit assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States

3334

JOURNAL OF THE HOUSE

government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from earnings revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof;" "(13) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; and (14) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authoritys bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (14)(15) To do all things necessary or convenient to carry out the powers expressly given in this article."
SECTION 1-10. Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-64, relating to general toll powers of the State Tollway Authority, and inserting in lieu thereof the following:
"(a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authoritys toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of each project all projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project."

MONDAY, MARCH 19, 2001

3335

SECTION 1-10.1. Said Title 32 is further amended by striking Code Section 32-10-69, relating to conveyance of property to the State Tollway Authority, and inserting in lieu thereof the following:
"32-10-69. (a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70. (c) The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority."
SECTION 1-11. Said Title 32 is further amended by striking paragraphs (5) and (6) of Code Section 3210-72, relating to the authority fund of the State Tollway Authority, and inserting in lieu thereof the following:
"(5) The most advantageous open market purchase of the authoritys bonds that the authority may accomplish; and (6) Investment at the highest interest rate obtainable in United States government securities of guaranteed convertibility or maturities not in excess of two years, provided that all funds so invested and all earnings of such funds shall always be available to and ultimately expended for the other purposes of this Code section in

3336

JOURNAL OF THE HOUSE

such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds, the transfer of funds to the department to be used by the department for department purposes."
SECTION 1-12. Said Title 32 is further amended by striking Code Section 32-10-90, relating to power of the State Tollway Authority to issue bonds, and inserting in its place a new Code section to read as follows:
"32-10-90. The authority shall have the power and is authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in paragraph (4) of Code Section 32-10-60, of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable from and may be secured by a pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue or by a pledge of any other revenues of the authority that are legally available for such purpose. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section 32-10-91, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."
SECTION 1-12.1. Said Title 32 is further amended by adding immediately after Code Section 32-10-90 a new Code Section 32-10-90.1 to read as follows:
"32-10-90.1. (a) As used in this Code section, the term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued by the authority which is an eligible debt financing instrument within the scope of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in whole or in part, directly or indirectly, from federal funds. (b) With respect to garvee bonds and projects financed by garvee bonds, the provisions and limitations of this Code section shall control over any other conflicting provisions of this article, it being the intention of the General Assembly that grant anticipation revenue vehicles and projects funded thereby be fully subject to the terms expressed in this Code section. (c) The authority may issue garvee bonds for the purpose of paying the cost of projects which are part of the Developmental Highway System as set out in Code Section 32-422, as now or hereafter amended. Garvee bond proceeds may be used for the Outer Perimeter or the Northern Arc, if contained in Code Section 32-4-22 as a part of the

MONDAY, MARCH 19, 2001

3337

Developmental Highway System, but only after full funding has been provided for completion of all other parts of the Developmental Highway System as set out in Code Section 32-4-22, as now or hereafter amended. (d) Any project the cost of which is paid from the proceeds of garvee bonds shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation. (e) If during any state fiscal year the amount of federal reimbursement available to the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90 percent of the amount available during Fiscal Year 2000-2001, the authority shall not thereafter issue any garvee bond. (f) If cost effective as determined by the authority, garvee bonds shall be insured."
SECTION 1-13. Said Title 32 is further amended by striking Code Section 32-10-92, relating to the form of bonds of the State Tollway Authority, and inserting in lieu thereof the following:
"32-10-92. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times within 40 years from the issuance thereof as the authority determines to be appropriate. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine."

3338

JOURNAL OF THE HOUSE

SECTION 1-13.1. Said Title 32 is further amended by striking Code Section 32-10-93, relating to signing bonds, and inserting in lieu thereof the following:
"32-10-93. All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. The facsimile signatures of the chairperson and secretary of the authority may be imprinted thereon in lieu of the manual signatures of such officers if the authority so directs in the resolution authorizing such bonds or otherwise. In case any officer whose manual or facsimile signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such persons may not have been so authorized or shall not have held such office."
SECTION 1-13.2. Said Title 32 is further amended by striking Code Section 32-10-99, relating to source of payment of bonds of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
"32-10-99. Revenue bonds issued under this article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable from the project revenues and funds of the authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section."
SECTION 1-14. Said Title 32 is further amended by striking Code Section 32-10-108, relating to transfer of projects to state highway system free from tolls, and inserting in lieu thereof the following:
"32-10-108. Upon payment if full of all bonds and the interest thereon, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any

MONDAY, MARCH 19, 2001

3339

given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department to be in a safe and satisfactory condition of repair and traffic capacity, shall may become part of the state highway system and thereafter shall be maintained by the department free of tolls. In the event such project or projects to be transferred are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any given such project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him for any department expenditure."
PART II SECTION 2-1.
Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by striking the term "State Tollway Authority" and inserting in its place the term "State Road and Tollway Authority":
(1) In six places in Code Section 12-7-7.1, relating to preparation and implementation of sediment control plans under the "Erosion and Sedimentation Act of 1975"; (2) In two places in paragraph (9) of subsection (a) of Code Section 12-7-17, relating to exemptions from the "Erosion and Sedimentation Act of 1975"; (3) In one place in Code Section 32-1-8, relating to prohibited construction or maintenance of private roads by public agencies; (4) In three places in subsection (a) of Code Section 32-2-75, relating to retainage under state road, highway, and bridge contracts; (5) In one place in Code Section 32-10-65.1, relating to expiration of tolls established under article; (6) In one place in subsection (b) of Code Section 32-10-71, relating to acquisition, maintenance, and operation of tollway projects by the State Tollway Authority; (7) In one place in subsection (f) of Code Section 36-60-21, relating to local government contracts for toll roads and bridges; (8) In one place in paragraph (7) of subsection (a) of Code Section 40-16-2, relating to responsibilities of the Department of Motor Vehicle Safety; (9) In one place in Code Section 45-15-13, relating to representation of state authorities

3340

JOURNAL OF THE HOUSE

by Attorney General; (10) In one place in paragraph (9) of Code Section 50-17-21, relating to definitions of terms under the "Georgia State Financing and Investment Commission Act"; and (11) In one place in paragraph (2) of subsection (b) of Code Section 50-17-22, relating to the State Financing and Investment Commission.
PART III SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Floor substitute to SB 134 as follows:
Page 9, line 31, strike after word "amended." Bal of line 31, strike all of lines 32, 33, 34, 35.

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 Y Birdsong N Black N Boggs N Bohannon
Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown

Y Cox N Crawford N Cummings Y Davis N Day N Dean N Deloach, B N Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin

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 E Kaye Y Keen Y Knox N Lane N Lanier N Lewis

Y Mueller N Orrock E Parham N Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas
Randall N Ray Y Reece N Reed Y Reese N Reichert

Y Smith, C Y Smith, C.W N Smith, L Y 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 N Stephens N Stokes N Stuckey N Taylor

N Buck N Buckner N Bulloch Y Bunn
Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Coan
Coleman, B Coleman, T Y Collins N Connell Y Cooper

MONDAY, MARCH 19, 2001

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

N Lord N Lucas N Lunsford N Maddox N Mangham E Mann Y Manning N Martin Y Massey N McBee
McCall N McClinton
McKinney Y Millar Y Mills E Mobley N Morris N Mosley

Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

3341
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
Williams N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 59, nays 103. The amendment was lost.

The Floor substitute was adopted.

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

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

Y 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 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 N Joyce E Kaye Y Keen N Knox Y Lane Y Lanier

Y Mueller Y Orrock E Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed N 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

3342
Y 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
Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

N Franklin Y Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin E 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 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 E Mobley Y Morris Y Mosley

Y Reichert N Rice N Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
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 N Willard Y Williams
Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Wix of the 33rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, all remaining Bills on the Calendar were postponed until Wednesday, March 21, 2001.

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 562 Do Pass SR 134 Do Pass, by Substitute

MONDAY, MARCH 19, 2001

3343

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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 345 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

3344

JOURNAL OF THE HOUSE

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

MONDAY, MARCH 19, 2001

3345

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

3346

JOURNAL OF THE HOUSE

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.
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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:

MONDAY, MARCH 19, 2001

3347

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.
The Senate has adopted, by the requisite constitutional majority, the following resolution of the Senate:
SR 343. By Senators Golden of the 8th, Lee of the 29th, Hooks of the 14th, Gillis of the 20th, Hill of the 4th and others:
A resolution recognizing April as Confederate History and Heritage Month; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
HB 479. By Representatives Holmes of the 53rd, Hudson of the 120th, DeLoach of the 172nd, Watson of the 70th and Mobley of the 69th:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

3348

JOURNAL OF THE HOUSE

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

MONDAY, MARCH 19, 2001

3349

shall be equal to the limits of liability contained in the insured's automobile or motor vehicle liability policy; and for other purposes.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 641. By Representatives Powell of the 23rd, Wix of the 33rd, Hudgens of the 24th and Houston of the 166th:
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 658. By Representatives Wix of the 33rd, Golick of the 30th, Murphy of the 18th and Barnes of the 97th:

3350

JOURNAL OF THE HOUSE

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.

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

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 Senate has disagreed to the House substitute to the following bill 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,

MONDAY, MARCH 19, 2001

3351

graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to examination of applicants.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
HB 705. By Representatives Mills of the 21st, Smith of the 19th, Rogers of the 20th and Bell of the 25th:
A BILL to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, so as to increase the 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.
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.

3352

JOURNAL OF THE HOUSE

HB 795. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Towns County; and for other purposes.
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.
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.
HB 798. By Representative Twiggs of the 8th:
A BILL to provide for the board of elections of Union County; and for other purposes.
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.
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.
HB 815. By Representative Barnard of the 154th:
A BILL to provide a new charter for the City of Daisy; and for other purposes.
HB 826. By Representative Bell of the 25th:
A BILL to provide a new charter for the City of Jefferson; and for other purposes.

MONDAY, MARCH 19, 2001

3353

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.
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.
HB 853. By Representative Smith of the 102nd:
A BILL to provide a new charter for the City of Shiloh; and for other purposes.
HB 854. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th:
A BILL to make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; and for other purposes.
HB 855. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to create the Colquitt County Family Connection Collaborative on Children and Families; and for other purposes.
HB 860. By Representative Jamieson of the 22nd:
A BILL to provide a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; and for other purposes.
HB 861. By Representative Jamieson of the 22nd:
A BILL to create the Banks County Family Connection Commission; and for other purposes.

3354

JOURNAL OF THE HOUSE

HB 873. By Representatives Unterman of the 84th, Dix of the 76th, Reese of the 85th, Coleman of the 80th, Squires of the 78th and others:
A BILL to provide for the filling of vacancies in the office of sheriff of Gwinnett County; and for other purposes.
HB 876. By Representatives Snow of the 2nd, Forster of the 3rd and Joyce of the 1st:
A BILL to amend an Act providing a new charter for the City of Fort Oglethorpe, so as to abolish the office of city manager; to provide that the office of mayor shall be a full-time position; to provide for the powers and duties of the mayor; and for other purposes.
HB 888. By Representative Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Hancock County, so as to change the base annual salary of the chairperson of the board of commissioners; and for other purposes.
HB 889. By Representative Hudgens of the 24th:
A BILL to amend an Act establishing a salary for the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions regarding the compensation of the coroner; and for other purposes.
HB 890. By Representative Hudgens of the 24th:
A BILL to provide for filling vacancies in the office of Sheriff of Madison County; and for other purposes.
HB 891. By Representative Stokes of the 92nd:
A BILL to provide a new charter for the City of Oxford; and for other purposes.
HB 892. By Representatives Jackson of the 112th and Harbin of the 113th:
A BILL to amend an Act providing a new charter for the City of Harlem, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes.

MONDAY, MARCH 19, 2001

3355

HB 893. By Representatives Stokes of the 92nd and Smith of the 91st:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.
HB 894. 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 ad valorem taxes for municipal purposes and 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 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.
HB 895. By Representative Smith of the 19th:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; and for other purposes.
HB 896. By Representative Broome of the 160th:
A BILL to amend an Act creating the State Court of Early County, so as to provide that on and after January 1, 2005, the district attorney of the judicial circuit within which Early County is located shall represent the state in all criminal prosecutions brought in the State Court of Early County and shall perform the duties of the office of solicitor-general of the state court; and for other purposes.
HB 897. By Representative McCall of the 90th:
A BILL to amend an Act providing for the composition of the Board of

3356

JOURNAL OF THE HOUSE

Education of Wilkes County and the election of members to such board, so as to provide for the compensation of the members of such board of education; and for other purposes.
HB 898. By Representatives Snow of the 2nd, Forster of the 3rd and Joyce of the 1st:
A BILL to provide for a homestead exemption from all City of Fort Oglethorpe ad valorem taxes for municipal purposes in an amount not to exceed $40,000.00 of the assessed value of the homestead for certain residents of that school district who are totally disabled and whose annual net income does not exceed $14,000.00; and for other purposes.
HB 899. By Representative Hudson of the 156th:
A BILL to provide a new charter for the Town of Pineview; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
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.
The Senate has passed by the requisite constitutional majority, the following bills of the House:
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.
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

MONDAY, MARCH 19, 2001

3357

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.
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.
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.
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.
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.
HB 352. By Representatives Lord of the 121st and Bannister of the 77th:
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

3358

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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

MONDAY, MARCH 19, 2001

3359

educational loan, loan repayment, or service conditional scholarship program; and for other purposes.
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.
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.
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.
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.
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:

3360

JOURNAL OF THE HOUSE

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 qualifications of members of county boards of equalization; and for other purposes.
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.
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.
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.
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.
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

MONDAY, MARCH 19, 2001

3361

action shall be treated as court costs with regard to the filing of any subsequent action; and for other purposes.
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.
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.
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.

The following Resolution of the Senate was read and referred to the Committee on Rules:

SR 343. By Senators Golden of the 8th, Lee of the 29th, Hooks of the 14th, Gillis of the 20th, Hill of the 4th and others:
A resolution recognizing April as Confederate History and Heritage Month; 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.

3362

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, March 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.

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

Amerson Ashe Bannister Barnard Bell Birdsong Black Boggs Bohannon Bordeaux Borders Bridges Brooks Broome Brown Bulloch E Bunn Burkhalter Burmeister Byrd Campbell Cash Childers Coleman, B Collins Connell Cooper

Cox Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Ehrhart Everett Floyd Forster Golick Graves Greene Hammontree Hanner Harbin E Harrell Heard Hembree Henson Hines Holland Holmes Houston

Howard Hudgens Hudson, N Hugley Jackson, B Jackson, L James Jennings Johnson Kaye Keen Lane Lanier Lewis Lord Lunsford Mangham E Mann Manning Martin McBee Millar Mills E Mobley Mosley

Mueller Orrock Parrish Parsons Pelote Pinholster Porter Purcell Randall Reece Reese Reichert Rice Richardson Roberts, D Roberts, L Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Skipper

Smith, C Smith, L Smith, P Smith, V Snow Stallings Stancil Stanley-Turner Stephens E Stokes Taylor Teper Tillman Twiggs Unterman Walker, L Watson 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, Buck of the 135th, Callaway of the 81st, Channell of the 111th, Coan of the 82nd, Coleman of the 142nd, Heckstall of the 55th, Irvin of the 45th, Jamieson of the 22nd, Jenkins of the 110th, Jordan of the 96th, Knox of the 28th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Morris of the 155th, Parham of the 122nd, Poag of the 6th, Powell of the 23rd, Ragas of the 64th, Ray of the

WEDNESDAY, MARCH 21, 2001

3363

128th, Reed of the 52nd, Rogers of the 20th, Sinkfield of the 57th, Smith of the 169th, Smith of the 19th, Smith of the 91st, Smyre of the 136th, Squires of the 78th, Stuckey of the 67th, Teague of the 58th, Walker of the 87th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Emily Shaw Anderson, First United Methodist Church, Valdosta, 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:

3364

JOURNAL OF THE HOUSE

HB 947. By Representative Ashe of the 46th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to provide a postretirement benefit increase; and for other purposes.

Referred to the Committee on Retirement.

HB 948. By Representatives Martin of the 47th, Bordeaux of the 151st and Allen of the 117th:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the transmission, compilation, and analysis of criminal case data; to provide for the electronic transmission of criminal case data elements from superior and state court clerks' offices to the Superior Court Clerks' Cooperative Authority; to provide the minimum criminal case data elements to be transmitted; and for other purposes.

Referred to the Committee on Judiciary.

HB 949. By Representative Ashe of the 46th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost of living benefit increases; and for other purposes.

Referred to the Committee on Retirement.

HB 950. By Representative Parrish of the 144th:
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 certain prior service in an exempt position under the Georgia Department of Labor; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3365

Referred to the Committee on Retirement.
HB 951. By Representatives Channell of the 111th, Parrish of the 144th, Walker of the 141st, Childers of the 13th and Orrock of the 56th: A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; and for other purposes.
Referred to the Committee on Insurance.
HB 952. By Representatives Martin of the 47th and Squires of the 78th: A BILL to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of workers' compensation, so as to change provisions relating to farm laborers; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 953. By Representative Irvin of the 45th: A BILL to amend Code Section 16-12-141 of the Official Code of Georgia Annotated, relating to physicians performing abortions, and Code Section 317-3 of the Official Code of Georgia Annotated, relating to permits for certain institutions, so as to provide for the regulation of certain facilities and offices in which first trimester abortions are performed; and for other purposes.
Referred to the Committee on Judiciary.
HB 954. By Representatives Teper of the 61st and Reichert of the 126th: A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for legislative findings; to extend certain immunity to resident physicians and

3366

JOURNAL OF THE HOUSE
hospital authorities, medical facilities, and academic institutions employing or utilizing such physicians; to provide for waiver of immunity; and for other purposes.

Referred to the Committee on Judiciary.

HB 955. By Representative Massey of the 86th:
A BILL to amend Article 5 of Chapter 32 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of such retirement system who has accrued at least 25 years of creditable service may obtain up to three years of additional creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 956. By Representatives Massey of the 86th, Hudgens of the 24th, Lanier of the 145th, Stokes of the 92nd, Jamieson of the 22nd and others:
A BILL to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide for offenses relating to giving or receiving compensation as an inducement for an employee of a local board of education, local unit of administration, or public postsecondary institution of education to recommend a product, item, goods, or services for purchase or lease by a student; and for other purposes.

Referred to the Committee on Education.

HB 957. By Representative Martin of the 47th:
A BILL to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to prohibit certain acts or practices concerning gas marketers and telephone companies; to amend Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to provide

WEDNESDAY, MARCH 21, 2001

3367

that certain contracts are void; to amend Code Section 46-4-153 of the Official Code of Georgia Annotated, relating to certificates of authority for gas marketers; and for other purposes.

Referred to the Committee on Industry.

HB 958. By Representatives Hammontree of the 4th, Forster of the 3rd, Roberts of the 132nd, Smith of the 102nd and Cash of the 108th:
A BILL to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to the income tax rate for individuals, so as to reduce the maximum income tax for certain taxpayers; and for other purposes.

Referred to the Committee on Ways & Means.

HB 959. By Representatives Morris of the 155th and Stokes of the 92nd:
A BILL to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, so as to provide certain maximum speed limits for vehicles or combinations of vehicles having 14 wheels or more; to provide certain maximum speed limits for vehicles or combinations having fewer than 14 wheels; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 960. By Representatives McCall of the 90th, James of the 140th, Royal of the 164th, Floyd of the 138th, Hanner of the 159th and others:
A BILL to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain provisions relating to securing loads on vehicles; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to operating vehicle without adequately securing load; and for other purposes.

3368

JOURNAL OF THE HOUSE

Referred to the Committee on Transportation.
HB 961. By Representatives Porter of the 143rd and McBee of the 88th: A BILL to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; and for other purposes.
Referred to the Committee on Higher Education.
HB 962. By Representative Crawford of the 129th: A BILL to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system may retire after accruing 30 years of creditable service; and for other purposes.
Referred to the Committee on Retirement.
HB 963. By Representative Crawford of the 129th: 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 members of such retirement system may obtain up to two years of creditable service for certain military service; and for other purposes.
Referred to the Committee on Retirement.
HB 964. By Representative Golick of the 30th: A BILL to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals along public

WEDNESDAY, MARCH 21, 2001

3369

roads, so as to change provisions relating to the penalty for violations; and for other purposes.

Referred to the Committee on Transportation.

HB 965. By Representatives Squires of the 78th, Orrock of the 56th, Bordeaux of the 151st, Dix of the 76th and Ragas of the 64th:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Patient Safety and Health Care Reporting Act"; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 966. By Representative Wix of the 33rd:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Employees' Retirement System of Georgia, so as to provide for creditable service for prior service as Governor or Lieutenant Governor performed prior to January 1, 1980; and for other purposes.

Referred to the Committee on Retirement.

HB 967. By Representative Teper of the 61st:
A BILL to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to definition of employment for purposes of unemployment compensation, so as to exempt services performed by an individual who is employed by corporation which such individual wholly owns and which employs no other individuals; and for other purposes.

Referred to the Committee on Industrial Relations.

3370

JOURNAL OF THE HOUSE

HB 968. By Representatives Bordeaux of the 151st, Dodson of the 94th, West of the 101st, Parsons of the 40th and Unterman of the 84th:
A BILL to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a multistate compact, short title, findings, purposes, and definitions; to provide for multistate licensures to practice registered nursing and for qualifications, sanctions, practices, and procedures relating thereto; to provide for administrators and their powers and functions and practice limitations; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 969. By Representative West of the 101st:
A BILL to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to define the term "serious felony"; to provide that for a conviction of a serious felony in which the defendant has been sentenced to life imprisonment, that defendant shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison; and for other purposes.

Referred to the Committee on Judiciary.

HB 970. By Representative Stuckey of the 67th:
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 who was formerly a member of the Georgia Defined Contribution Plan may elect to have his or her contributions transferred to the Employees' Retirement System of Georgia and shall receive such creditable service as such amount warrants; to provide that such member may pay to the Employees' Retirement System of Georgia such additional amount as he or she elects for additional creditable service; and for other purposes.

Referred to the Committee on Retirement.

WEDNESDAY, MARCH 21, 2001

3371

HB 971. By Representative Martin of the 47th:
A BILL to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the court's instructions; to change certain provisions relating to punishment; and for other purposes.
Referred to the Committee on Judiciary.
HB 972. By Representative Cummings of the 27th:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for creditable service for employment by a local indigent defense program; and for other purposes.
Referred to the Committee on Retirement.
HB 973. By Representatives Stuckey of the 67th, Bordeaux of the 151st, Davis of the 60th and Richardson of the 26th:
A BILL to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, known as "The Georgia Tort Claims Act," so as to change certain provisions relating to exceptions to state liability; to provide that the state may be liable for a tort committee in the form of an assault or battery against a person less than 18 years of age or mentally retarded or legally incompetent who is in the custody of the state and a resident of a state institution or facility operated by the state if such tort is committed as a result of negligent performance of duties by a state employee or officer in providing care or protection to such person; and for other purposes.
Referred to the Committee on Judiciary.

3372

JOURNAL OF THE HOUSE

HB 974. By Representatives West of the 101st, Jamieson of the 22nd, Walker of the 141st, Ray of the 128th and Stallings of the 100th:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding ad valorem taxation of heavy-duty equipment motor vehicles; and for other purposes.

Referred to the Committee on Ways & Means.

HB 975. By Representative Cummings of the 27th:
A BILL to amend Code Section 47-14-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of trustees of the Superior Court Clerks' Retirement Fund, so as to increase the allowable discretionary cost of living benefit increase; and for other purposes.

Referred to the Committee on Retirement.

HB 976. By Representatives Smith of the 91st, Burkhalter of the 41st, Williams of the 83rd, DeLoach of the 119th and Jackson of the 112th:
A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for state payment of advanced placement examination fees to students enrolled in private secondary schools and in home study programs; and for other purposes.

Referred to the Committee on Education.

HB 977. By Representatives Pelote of the 149th, Orrock of the 56th, Cash of the 108th and Henson of the 65th:
A BILL to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies prohibiting bullying, assignment to alternative school, and notice, so as to provide for the discipline of a student found to have committed the offense of bullying; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3373

Referred to the Committee on Education.
HB 978. By Representatives Harrell of the 62nd, Manning of the 32nd, McBee of the 88th and Drenner of the 66th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and related institutions, so as to require that such institutions provide certain documents identifying newborn babies as eligible for medical assistance and requiring such institutions and the Department of Community Health to counsel Medicaid eligible pregnant women and those who have recently given birth to make a choice of a primary care physician; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 979. By Representatives Harrell of the 62nd and Stallings of the 100th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Board of Guide Dogs for the Blind; and for other purposes.
Referred to the Committee on Industry.
HR 740. By Representative West of the 101st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law approved by twothirds of the members thereof provide for sentences which are required to be served in their entirety for persons convicted of attempted rape, voluntary manslaughter, felony involuntary manslaughter, aggravated battery, homicide by vehicle in the first degree involving either driving under the influence or a habitual violator, hijacking a motor vehicle, criminal attempt to commit murder, aggravated assault, enticing a child for indecent purposes, cruelty to children, child molestation, feticide, incest, statutory rape; and for other purposes.

3374

JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

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

HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938 HB 939

HB 940 HB 941 HB 942 HB 943 HB 944 HB 945 HB 946 HR 646 HR 647 HR 648 SB 242 SB 310

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 648 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:

WEDNESDAY, MARCH 21, 2001

3375

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 308 Do Pass, as Amended

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

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 21, 2001

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

SB 96

Senior Judges; qualifications; allowable service required for appointment

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 Senate was taken up for consideration and read the third time:

SB 308. By Senator Hamrick of the 30th: A bill to be entitled an Act to amend an Act known as the "Carroll County

3376

JOURNAL OF THE HOUSE
Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), so as to change the composition, qualifications, and terms of office of members of that authority; to provide for nonvoting membership and abolition thereof; to provide for quorum, vacancies, compensation, and reports and audits; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 308 by striking lines 15 through 36 of page 2 and lines 1 through 12 of page 3 and inserting in their place the following:
"(4) The member of the authority who was appointed by the board of commissioners of Carroll County, who is chairperson of the authority on January 1, 2001, and who resides in Commissioner District 3 shall continue to serve out such members term of office, which shall expire on December 31, 2001, and upon the appointment and qualification of a successor. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 3 to serve for an initial term of office which expires December 31, 2003, and upon the appointment and qualification of his or her successor. (5) The member of the authority who was appointed by the board of commissioners of Carroll County and who resides in Commissioner District 2 shall continue to serve out such members term of office, which shall expire on December 31, 2001, and upon the appointment and qualification of a successor. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 2 to serve for an initial term of office which expires December 31, 2003, and upon the appointment and qualification of his or her successor. (6) The position on the authority which had previously been filled by the appointment by the board of commissioners of Carroll County and which position was vacant on February 10, 2001, shall be filled by the appointment by the commissioner of Carroll County who represents Commissioner District 1 to serve for an initial term of office which expires December 31, 2002, and upon the appointment and qualification of his or her successor. (7) The chairperson of the board of commissioners of Carroll County shall appoint the seventh member to serve on the authority to serve for an initial term of office which expires December 31, 2002, and upon the appointment and qualification of his or her successor, and the person so appointed may reside anywhere within Carroll County.

WEDNESDAY, MARCH 21, 2001

3377

(8) The member of the authority who was appointed by the board of commissioners of Carroll County and who resides in Commissioner District 3 and who is not the chairperson of the authority on January 1, 2001, shall continue to serve out such members term of office, which shall expire on June 30, 2002, and upon the appointment and qualification of his or her successor and until such successor takes office shall be deemed to be serving from Commissioner District 4. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 4 for an initial term of office which expires December 31, 2003,".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 93, nays 2.
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 the report of the Committee of Conference on the following bill of the House:
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.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 305. By Senators Thompson of the 33rd, Gingrey of the 37th and Tanksley of the 32nd:
A bill to be entitled an Act to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of

3378

JOURNAL OF THE HOUSE

the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, Georgia, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; to provide a short title; to define terms; to provide for the creation, organization, powers, duties, and operations of the authority; to provide for the appointment of the membership of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to repeal conflicting laws; and for other purposes.
SB 311. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd and Polak of the 42nd:
A bill to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3822), so as to change the provisions relating to compensation of the chief executive officer and members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 920. By Representative Holland of the 157th:
A BILL to abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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

WEDNESDAY, MARCH 21, 2001

3379

Highway System, so as to change the description of road corridors included within such system; to repeal conflicting laws; and for other purposes.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Smith of the 25th, Golden of the 8th, and Jackson of the 50th.
The Senate insists on its substitute to the following bills of the House:
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.
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

3380

JOURNAL OF THE HOUSE

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 Senate insists on its amendments to the following bill of the House:
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 Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 93. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate:
SB 98. By Senators Thompson of the 33rd, Tate of the 38th and Thomas of the 2nd:
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 regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:

WEDNESDAY, MARCH 21, 2001

3381

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 162. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Walker of the 22nd:
A bill to be entitled an Act to amend Chapter 2 of Title 41 of the O.C.G.A., relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law; any optional building, fire, life safety, or other codes relative to the safe use of real property adopted by ordinance in the jurisdiction where the property is located; or general nuisance law; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

3382

JOURNAL OF THE HOUSE

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.

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

SB 305. By Senators Thompson of the 33rd, Gingrey of the 37th and Tanksley of the 32nd:
A bill to be entitled an Act to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, Georgia, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; to provide a short title; to define terms; to provide for the creation, organization, powers, duties, and operations of the authority; to provide for the appointment of the membership of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to repeal conflicting laws; and for other purposes.

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

SB 311. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd and Polak of the 42nd:

WEDNESDAY, MARCH 21, 2001

3383

A bill to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3822), so as to change the provisions relating to compensation of the chief executive officer and members of the board of commissioners; 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.

Representative Franklin of the 39th arose to a point of personal privilege and addressed the House.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

Representative Coleman of the 142nd assumed the chair.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 Senate amendment was read:

Amend HB 298 by striking the word "fixed" on line 5 of page 1 and inserting in lieu thereof the following:

3384

JOURNAL OF THE HOUSE

"recommended by the Governor and approved".
By striking the words "to be determined" on line 18 of page 1 and inserting in lieu thereof the following:
"to be determined that is recommended by the Governor and approved".

The following amendment was read and adopted:

Representative Murphy of the 18th moves to amend the Senate amendment to HB 298 by striking all matter on lines 2 through 7 of page 1 and inserting in lieu thereof the following:
"Amend HB 298 by adding after the word 'auditor' on line 4 of page 1 the following: 'may be recommended by the Governor and'.
By striking the words 'to be determined' on line 18 of page 1 and inserting in lieu thereof the following:
'to be determined which may be recommended by the Governor and shall be fixed'."

Representative Murphy of the 18th moved that the House agree to the Senate amendment, as amended by the House, to HB 298.

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 Cox 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

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 N 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 Y Randall Y Ray Y Reece
Reed N 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

Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

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 Lord Y Lucas
Lunsford Maddox Y Mangham E Mann Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3385
Teague Y Teper Y Tillman Y Turnquest
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 motion, the ayes were 149, nays 9. The motion prevailed.

The Speaker assumed the Chair.

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 Senate substitute was read:

3386

JOURNAL OF THE HOUSE

A BILL
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to change confidentiality provisions concerning disciplinary actions against providers; to change the provisions relating to definitions regarding review organizations and provide for confidentiality of information disclosed to a governmental agency; to provide for the use of peer review materials without waiving its confidentiality; 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 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended in Code Section 31-7-8, relating to reports of disciplinary actions against persons authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, 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. Said chapter is further amended by striking "or" from the end of division (3)(B)(iv) of Code Section 31-7-131, relating to the definitions regarding review organizations, and by striking division (3)(B)(v) of such Code section and inserting in its place new divisions to read as follows:
"(v) Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with such providers participation

WEDNESDAY, MARCH 21, 2001

3387

as or request to participate as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or (vi) Performing any of the functions or activities described in Code Section 31-715."
SECTION 3. Said chapter is further amended by striking Code Section 31-7-133, relating to the confidentiality of review organizations records, and inserting in its place the following:
"31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this article shall also apply to any proceedings, records, actions, activities, evidence, findings, recommendations, evaluations, opinions, data, or other information shared between review organizations which are performing a peer review function or disclosed to a governmental agency as required by law. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within such persons knowledge; but such witness cannot be asked about such witnesss testimony before such organization or about opinions formed by such witness as a result of the organization hearings. Notwithstanding the foregoing, the Department of Human Resources may inspect and copy peer review materials maintained by certain providers when it is determined by the department to be necessary in the performance of the departments licensure and certification responsibilities under Code Section 31-7-15; provided, however, such inspection and copying shall not waive or abrogate the confidentiality of such peer review materials as set forth in this Code section and in Code Section 31-7-15. (b) This Code section shall not apply to prevent:
(1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the departments custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; (2) The use of such peer review documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter to the extent

3388

JOURNAL OF THE HOUSE

necessary to challenge the effectiveness of the institutions peer review system; provided, however, such use shall not waive or abrogate the confidentiality of such documents as set forth in this Code section and in Code Section 31-7-15; or (3) A health care provider from obtaining the specific reasons and the records and proceedings related to such providers exclusion or termination as a participating provider in a health maintenance organization, provider network, or other organization which engages in managed care if such provider has brought a civil action against such health maintenance organization, provider network, or other organization for wrongful exclusion or termination."
SECTION 4. 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 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 5. 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.'

WEDNESDAY, MARCH 21, 2001

3389

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 final 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.
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. (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 may 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;

3390

JOURNAL OF THE HOUSE

(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 disciplinary 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 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

WEDNESDAY, MARCH 21, 2001

3391

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: '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

3392

JOURNAL OF THE HOUSE

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.
43-34A-4. Any person or entity 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 or entity 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 50-18-71. The board shall not require the person or entity requesting a physicians profile to use a specific request form or provide 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 identity of the person or entity who requests a physicians profile 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

WEDNESDAY, MARCH 21, 2001

3393

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

3394

JOURNAL OF THE HOUSE

SECTION 7. 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 Senate substitute to HB 156 as follows:
Page 7, after line 22, insert:
"(22) The number of abortions performed in the last ten years;"

Representative Franklin of the 39th moved that the House agree to the Senate substitute, as amended by the House, to HB 156.

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

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

N 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 Y Everett N Floyd Y Forster Y Franklin Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard
Heckstall Y Hembree N Henson Y Hines

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

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

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

Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, N

N McKinney N Millar Y Mills E Mobley Y Morris Y Mosley

Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

3395
Y Wilkinson N Willard Y Williams N Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 69, nays 86. The motion was lost.

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.

Representative Walker of the 141st moved that the House agree to the Senate substitute to HB 156.

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
Buckner Y Bulloch E 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 Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
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
McCall

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
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 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
Teague Y Teper Y Tillman
Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

3396
Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y McClinton Y McKinney Y Millar Y Mills E 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 motion, the ayes were 158, nays 0. The motion prevailed.

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 Senate amendment was read:

Amend HB 509 by striking existing line 8 and by adding the following language on line 8 in lieu thereof:
"OCGA Section 48-5-40 (a)(12) is amended by adding the following subsection:
(c) For purposes of this paragraph, indirect ownership of such home for the aged through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership."

Representative Royal of the 164th moved that the House agree to the Senate amendment to HB 509.

On the motion, 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 Y 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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 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
Holmes Y Houston Y 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 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 E 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 Y Ray Y Reece
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 Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3397
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Turnquest Twiggs Y Unterman 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 motion, the ayes were 157, nays 0. The motion prevailed.

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.

3398

JOURNAL OF THE HOUSE

The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to expiration and renewal of motor vehicle drivers licenses and reexaminations; 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 amend Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," so as to expressly authorize driver training courses to be conducted by secondary schools; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 21, 2001

3399

PART I SECTION 1-0. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking "and" at the end of division (b)(1)(A)(iv), striking the period and inserting "; and" in lieu thereof at the end of subparagraph (b)(1)(B), and inserting a new subparagraph (b)(1)(C) to read as follows: "(C) In all counties of this state having a population of 500,000 or more according to the United States decennial census of 2000 or any future such census, no Class D license holder less than 17 years of age shall drive a Class C motor vehicle upon the public roads, streets, or highways unless accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver."
SECTION 1-0A. Said title is further amended in Code Section 40-5-32, 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 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 1-1. 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:

3400

JOURNAL OF THE HOUSE

"(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
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points

WEDNESDAY, MARCH 21, 2001

3401

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 2 points accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 paragraphs (1) and (2) of subsection (b), subsection (c), and subparagraph (g)(2)(E) and inserting in lieu thereof the following:
"(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia 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 0.02 grams or more, your Georgia drivers license or privilege to drive on the highways of this state will be suspended and, if you are convicted of having such an alcohol concentration, will be revoked 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

3402

JOURNAL OF THE HOUSE

personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (2) Implied consent notice for suspects age 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia 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. 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"

WEDNESDAY, MARCH 21, 2001

3403

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 (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

3404

JOURNAL OF THE HOUSE

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 (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, in accordance with subparagraph (F) of this paragraph, 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; (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

WEDNESDAY, MARCH 21, 2001

3405

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 A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, 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; (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 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 subsections (b), (c), and (e) 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

3406

JOURNAL OF THE HOUSE

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 as follows:
(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; or (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 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;. (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)(c)(.1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (5) of subsection (a) of Code Section 40-6-391, if 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 in the persons blood, breath, or urine, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391. (c)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6391, 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 0.04 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6391, 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 0.02 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." "(e)(1) A certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was a licensed or certified physician, physicians assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn;

WEDNESDAY, MARCH 21, 2001

3407

(2) Testimony, under oath, of the blood drawer; or (3) Testimony, under oath, of the blood drawers supervisor or medical records custodian that the blood drawer was properly trained and authorized to draw blood as an employee of the medical facility or employer shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section."
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, 40-6-123, 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 of the Official Code of Georgia Annotated, 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 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

3408

JOURNAL OF THE HOUSE

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. (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

WEDNESDAY, MARCH 21, 2001

3409

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 person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violators probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. 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 if such is still applicable. (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 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

3410

JOURNAL OF THE HOUSE

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."
SECTION 1-10. Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," is amended by striking subsection (b) and inserting in lieu thereof the following:

WEDNESDAY, MARCH 21, 2001

3411

"(b) The Any public or private secondary school may conduct driver training courses, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses and to instructors therefor."
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 plates of all motor vehicles 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 each 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

3412

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3413

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 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

3414

JOURNAL OF THE HOUSE

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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(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 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

WEDNESDAY, MARCH 21, 2001

3415

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:
"(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

3416

JOURNAL OF THE HOUSE

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 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 plates of all motor vehicles 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 each 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,

WEDNESDAY, MARCH 21, 2001

3417

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 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.

3418

JOURNAL OF THE HOUSE

(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 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

WEDNESDAY, MARCH 21, 2001

3419

(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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (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

3420

JOURNAL OF THE HOUSE

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 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"

WEDNESDAY, MARCH 21, 2001

3421

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:
"(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)(1) 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. (2) Section 1-0 shall become effective July 1, 2002.
SECTION 4-1A. 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 Section 1-0A of this Act.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

3422

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Sims of the 167th moves to amend HB 385 as follows:
On page 15 Section 1-10 amend this section with following:
Line 14 at the end of the word courses add a period"."
Line 15 insert the following:
"Adult and Technical Colleges shall conduct driver training courses. Private contractors will be permitted to conduct driver training courses, subject to the requirement that the"
Add paragraph (c) All new license applications will require driver training after July 1, 2001. This will not include drivers license renewals. Veterans will be exempt from the driver training requirements.

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 Y Bohannon N Bordeaux N Borders N Bridges Y Brooks N Broome N Brown N Buck
Buckner N Bulloch E Bunn N Burkhalter N Burmeister N Byrd

Y Cox N Crawford N Cummings N Davis N 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 N Franklin N Golick N Graves N Greene N Hammontree N Hanner N Harbin E Harrell

Hudson, S N Hugley Y 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 N Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham E Mann
Manning

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

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
Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman
Turnquest N Twiggs N Unterman N Walker, L

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

WEDNESDAY, MARCH 21, 2001

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

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

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

3423
N Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 13, nays 149. The amendment was lost.

The following amendment was read:

Representatives Wilkinson of the 43rd, Campbell of the 42nd, Bohannon of the 139th, Irvin of the 45th, Jenkins of the 63rd and Holmes of the 53rd move to amend the Senate substitute to HB 385 by striking lines 11 and 12 of page 2 and inserting in lieu thereof the following:
"(C) No Class D".

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

N Allen N Amerson N Anderson Y Ashe Y Bannister N Barnard N Barnes
Bell N Birdsong N Black N Boggs Y Bohannon N Bordeaux Y Borders N Bridges Y Brooks N Broome Y Brown

N Cox N Crawford N Cummings N Davis N Day N Dean N Deloach, B N Deloach, G N Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd
Forster N Franklin

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 N Joyce Y Kaye N Keen N Knox N Lane N Lanier Y Lewis

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 N Reese N Reichert

Y Smith, C Y 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
Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor

3424
N Buck Buckner
N Bulloch E Bunn N Burkhalter N Burmeister N Byrd Y Callaway Y Campbell N Cash N Channell N Childers N Coan N Coleman, B N Coleman, T N Collins N Connell N Cooper

JOURNAL OF THE HOUSE

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

Lord N Lucas N Lunsford N Maddox N Mangham E Mann N Manning N Martin N Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills E Mobley N Morris Y Mosley

N Rice N Richardson N Roberts, D
Roberts, L Rogers N Royal N Sailor N Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

N Teague N Teper N Tillman
Turnquest N Twiggs Y Unterman
Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles Y Wilkinson Y Willard N Williams N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 27, nays 138. The amendment was lost.

Representative Mosley of the 171st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Burkhalter of the 41st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smith of the 175th moved that the House agree to the Senate substitute to HB 385.

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

N Allen N Amerson N Anderson Y Ashe N Bannister N Barnard N Barnes Y Bell N Birdsong N Black Y Boggs Y Bohannon

N Cox Y Crawford N Cummings N Davis N Day N Dean N Deloach, B N Deloach, G Y Dix N Dodson N Drenner Y Dukes

Y Hudson, S N Hugley Y Irvin N Jackson, B Y Jackson, L
James N Jamieson N Jenkins N Jennings
Johnson N Jordan N Joyce

N Mueller N Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas

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

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

WEDNESDAY, MARCH 21, 2001

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

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

N Randall N Ray N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts, D N Roberts, L
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

3425
Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman Y Turnquest N Twiggs Y Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Wiles Y Wilkinson N Willard N Williams N Wix N Yates
Murphy, Speaker

On the motion, the ayes were 41, nays 127. The motion was lost. The House has disagreed to the Senate substitute.

Representatives Childers of the 13th and Johnson of the 35th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

3426

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 666. By Representatives Ashe of the 46th, Stuckey of the 67th, Taylor of the 134th, Buck of the 135th, Hugley of the 133rd and others:
A RESOLUTION commending the Junior Leagues of Georgia; and for other purposes.

HR 667. By Representatives Teague of the 58th, Maddox of the 72nd, Brooks of the 54th, Dukes of the 161st and Seay of the 93rd:
A RESOLUTION commending Mrs. Ardena Beasley on the occasion of her birthday; and for other purposes.

HR 668. By Representatives Teague of the 58th, Maddox of the 72nd, Brooks of the 54th, Dukes of the 161st and Seay of the 93rd:
A RESOLUTION commending Farajo Elnamala; and for other purposes.

HR 669. By Representative Reese of the 85th:
A RESOLUTION commending Kraig Crawford for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 670. By Representative Reese of the 85th:
A RESOLUTION commending Shun Williams for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3427

HR 671. By Representative Reese of the 85th:
A RESOLUTION commending Tripp Kirk for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 672. By Representative Reese of the 85th:
A RESOLUTION commending Lorne Sam for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 673. By Representative Reese of the 85th:
A RESOLUTION commending Matt Pelot for his accomplisments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 674. By Representative Reese of the 85th:
A RESOLUTION commending Sandford Dunahoo for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 675. By Representative Franklin of the 39th: A RESOLUTION commending Mr. Alfred Watkins; and for other purposes.

HR 676. By Representative Jackson of the 148th:
A RESOLUTION recognizing and commending Alexander Von Speed; and for other purposes.

HR 677. By Representative McCall of the 90th:
A RESOLUTION commending the Stephen Heard Chapter of the Daughters of the American Revolution; and for other purposes.

3428

JOURNAL OF THE HOUSE

HR 678. By Representatives Parrish of the 144th, Murphy of the 18th, Porter of the 143rd, Jamieson of the 22nd, Coleman of the 142nd and others: A RESOLUTION commending Honorabe B. E. "Bobby " Parham; and for other purposes.
HR 679. By Representatives Smith of the 91st, Hudgens of the 24th, Massey of the 86th, Heard of the 89th, McBee of the 88th and others: A RESOLUTION recognizing and commending Honorable Paul C. Broun; and for other purposes.
HR 680. By Representatives Burkhalter of the 41st and Campbell of the 42nd: A RESOLUTION commending Robert J. Regus; and for other purposes.
HR 681. By Representatives Brown of the 130th, Smith of the 102nd and Epps of the 131st: A RESOLUTION commending the Troup County High School Wrestling Team; and for other purposes.
HR 682. By Representative Bannister of the 77th: A RESOLUTION expressing regret at the passing of W. Calvin Fitchett; and for other purposes.
HR 683. By Representatives Holland of the 157th, Scott of the 165th and Hudson of the 156th: A RESOLUTION commending H. R. and Frankie Wiggins; and for other purposes.

WEDNESDAY, MARCH 21, 2001 HR 684. By Representative Bannister of the 77th:
A RESOLUTION commending Jean Cole; and for other purposes.

3429

HR 685. By Representative Reese of the 85th:
A RESOLUTION commending Trent Bagley for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 686. By Representative Reese of the 85th:
A RESOLUTION commending Theo Brown for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 687. By Representative Reese of the 85th:
A RESOLUTION commending Coach Gerald Arnold for his accomplishments as coach of the Buford High School Wolves basketball team; and for other purposes.

HR 688. By Representative Reese of the 85th:
A RESOLUTION commending Tawana Grant for her accomplishments as a member of the Buford High School Girls Basketeball Team; and for other purposes.

HR 689. By Representative Reese of the 85th:
A RESOLUTION commending Ryan Wood for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 690. By Representative Reese of the 85th: A RESOLUTION commending Jakirra Millsap for his accomplishments as a

3430

JOURNAL OF THE HOUSE
member of the Buford High School Wolves basketball team; and for other purposes.

HR 691. By Representative Reese of the 85th:
A RESOLUTION commending Rico Brown for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 692. By Representative Reese of the 85th:
A RESOLUTION commending Leigh Lanter for her accomplishments as a member of the North Gwinnett High School Girls Basketball Team; and for other purposes.

HR 693. By Representative Reese of the 85th:
A RESOLUTION commending Zack Crawford for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 694. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of James Authur King; and for other purposes.

HR 695. By Representative Purcell of the 147th: A RESOLUTION commending Skip Tuttle; and for other purposes.

HR 696. By Representatives Martin of the 47th and Teper of the 61st:
A RESOLUTION recognizing June 3 through June 7, 2001, as "Communication Technology Week in Georgia" and commending Georgia's communications technology industry for its efforts in making Georgia one of the leaders in communication technology employment growth nationwide; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3431

HR 697. By Representative Channell of the 111th: A RESOLUTION commending Stacy Smith; and for other purposes.
HR 698. By Representative Reese of the 85th: A RESOLUTION commending P. K. Sam for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.
HR 699. By Representative Hembree of the 98th: A RESOLUTION commending Honorable Claude Abercrombie; and for other purposes.
HR 700. By Representative Hembree of the 98th: A RESOLUTION commending Honorable Johnny Groover; and for other purposes.
HR 701. By Representatives Holland of the 157th, Scott of the 165th and Hudson of the 156th: A RESOLUTION to commemorate the life of Dr. Clark Henderson Shingler; and for other purposes.
HR 702. By Representative Reese of the 85th: A RESOLUTION commending Brian Taylor for his accomplishments as a member of the North Gwinnett High School basketball team; and for other purposes.
HR 703. By Representatives Birdsong of the 123rd, Jenkins of the 110th, Channell of the 111th, Hudson of the 120th, Lord of the 121st and others:

3432

JOURNAL OF THE HOUSE
A RESOLUTION commending Paul and Mary McCurdy; and for other purposes.

HR 704. By Representative Reese of the 85th:
A RESOLUTION commending Isaac Brown for his accomplishments as a member of the Buford High School Wolves basketball team; and for other purposes.

HR 705. By Representative Hembree of the 98th:
A RESOLUTION commending Honorable Deborah Woody; and for other purposes.

HR 706. By Representative Hembree of the 98th:
A RESOLUTION commending Honorable Gail Hale; and for other purposes.

HR 707. By Representative Hembree of the 98th:
A RESOLUTION commending Joshua Blythe Richardson; and for other purposes.

HR 708. By Representative Hembree of the 98th:
A RESOLUTION commending Honorable Rita Rainwater; and for other purposes.

HR 709. By Representatives Teper of the 61st, Stuckey of the 67th, Ashe of the 46th, McBee of the 88th, Roberts of the 132nd and others:
A RESOLUTION commending the Atlanta Beat Women's Soccer Team and recognizing April 16 through April 21, 2001, as Atlanta Beat Week; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3433

HR 710. By Representative Smith of the 169th:
A RESOLUTION recognizing and commending Carlie C. Coley; and for other purposes.

HR 711. By Representative Squires of the 78th: A RESOLUTION commending Don Bratton; and for other purposes.

HR 712. By Representatives Teper of the 61st, Shanahan of the 10th, Hammontree of the 4th, Lewis of the 14th, Poag of the 6th and others:
A RESOLUTION recognizing EnvironDesign5; and for other purposes.

HR 713. By Representative Stuckey of the 67th:
A RESOLUTION commending the members of the Fernbank Elementary School chess teams; and for other purposes.

HR 714. By Representatives Teper of the 61st, Unterman of the 84th, Henson of the 65th, Kaye of the 37th, Martin of the 47th and others:
A RESOLUTION recognizing the 2001 Jewish Community Center Maccabi Games; and for other purposes.

HR 715. By Representatives Holland of the 157th, Childers of the 13th and Smith of the 12th:
A RESOLUTION expressing regret at the passing of Justice Horace Elmo Nichols; and for other purposes.

HR 716. By Representative Parham of the 122nd: A RESOLUTION commending George Ross; and for other purposes.

3434

JOURNAL OF THE HOUSE

HR 717. By Representative Channell of the 111th: A RESOLUTION commending Andrew Ward; and for other purposes.

HR 718. By Representative Parham of the 122nd: A RESOLUTION commending Ron Byrd; and for other purposes.

HR 719. By Representative Channell of the 111th: A RESOLUTION commending Pat Nugent; and for other purposes.

HR 720. By Representative Channell of the 111th: A RESOLUTION commending John Faerber; and for other purposes.

HR 721. By Representative Channell of the 111th: A RESOLUTION commending Judy Crawford; and for other purposes.

HR 722. By Representative Channell of the 111th: A RESOLUTION commending Celia Covington; and for other purposes.

HR 723. By Representative Channell of the 111th: A RESOLUTION commending Marguerite Rogers; and for other purposes.

HR 724. By Representatives Wilkinson of the 43rd and Ashe of the 46th:
A RESOLUTION recognizing and commending Johnny N. Economy; and for other purposes

HR 725. By Representatives Seay of the 93rd, Jordan of the 96th, Dodson of the 94th, Barnes of the 97th and Buckner of the 95th:

WEDNESDAY, MARCH 21, 2001

3435

A RESOLUTION commending the Clayton County Branch of the NAACP; and for other purposes.
HR 726. By Representative Sholar of the 179th: A RESOLUTION commending Rev. John Henry Wooden; and for other purposes.
HR 727. By Representatives Burmeister of the 114th, Connell of the 115th, DeLoach of the 119th, Anderson of the 116th, Allen of the 117th and others: A RESOLUTION commending Augusta State University men's basketball team; and for other purposes.
HR 728. By Representatives Stanley of the 49th, Brooks of the 54th, Stanley of the 50th, Reed of the 52nd, McClinton of the 68th and others: A RESOLUTION expressing regret at the untimely passing of Mr. Anthony Flanagan; and for other purposes.
HR 729. By Representatives Seay of the 93rd, Jordan of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A RESOLUTION commending the Clayton County Section of the National Council of Negro Women; and for other purposes.
HR 730. By Representative Channell of the 111th: A RESOLUTION commending Jay Todd; and for other purposes.
HR 731. By Representatives Twiggs of the 8th and Cummings of the 27th: A RESOLUTION commending the staff of Union County Elementary School, including teachers Lyn Harbin and Debbie Sommer; and for other purposes.

3436

JOURNAL OF THE HOUSE

HR 732. By Representative Channell of the 111th: A RESOLUTION commending Linda Darugar; and for other purposes.
HR 733. By Representative Channell of the 111th: A RESOLUTION commending Robert Steverson; and for other purposes.
HR 734. By Representative Channell of the 111th: A RESOLUTION commending Donna Valentine; and for other purposes.
HR 735. By Representative Channell of the 111th: A RESOLUTION commending Dana McMichael; and for other purposes.
HR 736. By Representative Channell of the 111th: A RESOLUTION commending Sandra Gazaway; and for other purposes.
HR 737. By Representative Channell of the 111th: A RESOLUTION commending Terri Camp; and for other purposes.
HR 738. By Representative Channell of the 111th: A RESOLUTION commending Grady Jones; and for other purposes.
HR 739. By Representatives Reichert of the 126th, Randall of the 127th, Ray of the 128th, Lucas of the 124th, Birdsong of the 123rd and others: A RESOLUTION commending Carolyn Crayton; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3437

HR 741. By Representative Stephens of the 150th:
A RESOLUTION expressing regret at the passing of James C. Riggs; and for other purposes.

HR 742. By Representative Rogers of the 20th:
A RESOLUTION expressing regret at the passing of Sammy Arrowsmith; and for other purposes.

HR 743. By Representative Rogers of the 20th:
A RESOLUTION expressing regret at the passing of Dawn Ann McKibbon; and for other purposes.

HR 744. By Representatives Johnson of the 35th, Parsons of the 40th, Manning of the 32nd, Wix of the 33rd and Golick of the 30th:
A RESOLUTION commending the Optimist Clubs of Cobb, Paulding, and Douglas counties for their promotion of "Respect for Law Week" in May, 2001; and for other purposes.

HR 745. By Representative Channell of the 111th: A RESOLUTION commending Peggy Holland; and for other purposes.

HR 746. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th:
A RESOLUTION recognizing The Mighty Eighth Air Force Heritage Museum for its role as a center for character education; and for other purposes.

HR 747. By Representatives Royal of the 164th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:

3438

JOURNAL OF THE HOUSE
A RESOLUTION expressing regret at the passing of Ted Norman Carden; and for other purposes.

HR 748. By Representative Channell of the 111th: A RESOLUTION commending Leila Williams; and for other purposes.

HR 749. By Representative Channell of the 111th: A RESOLUTION commending Sylvia Davis; and for other purposes.

HR 750. By Representative Channell of the 111th: A RESOLUTION commending Frank Whitten; and for other purposes.

HR 751. By Representative Channell of the 111th: A RESOLUTION commending Patti Swymer; and for other purposes.

HR 752. By Representative Channell of the 111th: A RESOLUTION commending Medina Crowe; and for other purposes.

HR 753. By Representative Channell of the 111th: A RESOLUTION commending Sandra Rosseter; and for other purposes.

HR 754. By Representatives Buckner of the 95th, Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Jackson of the 148th and others:
A RESOLUTION commending Robert James McGrath, the Grand Marshal of the 2001 Savannah Saint Patrick's Day Parade; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3439

HR 755. By Representative Jenkins of the 110th: A RESOLUTION commending Mr. Julian T. Cope; and for other purposes.

HR 756. By Representatives Byrd of the 170th and Harrell of the 62nd: A RESOLUTION commending Sue Nell Holley; and for other purposes.

HR 757. By Representative Channell of the 111th: A RESOLUTION commending Tony Clack; and for other purposes.

HR 758. By Representative Burkhalter of the 41st:
A RESOLUTION commending the Professional Golfers' Association of America; 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
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 E Bunn Y Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day
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 Hanner Y Harbin E Harrell

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

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

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow
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 Unterman Walker, L

3440
Y Callaway Y Campbell
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

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 adoption of the Resolutions, the ayes were 131, nays 0. The Resolutions were adopted.

Representative Reese of the 85th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 21, 2001

Mr. Speaker and Members of the House:

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 21, 2001, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 410 HR 500 SR 41
SR 134
SR 183 SR 190 SR 267

House Study Committee on Technology Education; create House Study Committee on Universal School Breakfast; create Designate; Jack Peed Bridge in Taylor County; redesignate Jonathan Jackson McCants Bridge Injuries, Joint Study Committee on the Prevention and Emergency Care; create Baldwin Veterans Memorial Highway; designate Kennedy, Jesse O. Jr., Memorial Bridge; designate; Tattnall County Georgia Military College, Joint Study Committee; create

WEDNESDAY, MARCH 21, 2001

3441

SR 345

Designate; James Hulman Stanford Memorial Bridge in Putnam County

DEBATE CALENDAR

HR 562 SB 11 SB 66 SB 99 SB 207 SB 254 SB 274

Employees' Retirement and Teachers Retirement; urge separate management of administration and assets Business Development Corporations; powers; commercial, residential, historical properties Sexual Offender Registry; registration procedures; additional required information; discharge of defendant Beer Keg Containers; conditions for retail sales; labeling; valid purchaser ID required Grave Markers, Monuments or Memorials Honoring Military Service; penalties for theft or defacing, mutilating or defiling Conditioned Air Contractors; unlicensed persons; unlawful practices; penalties Public School Employees; first salary payment of school year

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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.

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

3442

JOURNAL OF THE HOUSE

HR 500. By Representatives Ashe of the 46th and Coleman of the 80th:
A RESOLUTION creating the House Study Committee on Universal School Breakfast; and for other purposes.

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

SR 41.

By Senator Hooks of the 14th: A resolution designating the Jack Peed Bridge; and for other purposes.

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

SR 134. By Senators Walker of the 22nd, Dean of the 31st, Gillis of the 20th, Hooks of the 14th, Harbison of the 15th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; creating the Joint Study Committee on Georgia Border Communities; and creating the Commission on Work Force Security and Enhancement in the New Georgia Economy; and for other purposes.
PART I
WHEREAS, the General Assembly is concerned with protecting the health of the citizens of Georgia; and
WHEREAS, unintentional injuries resulting from motor vehicle collisions, bicycle and pedestrian mishaps, falls, fires, and other causes result in 2,800 deaths every year in

WEDNESDAY, MARCH 21, 2001

3443

Georgia; and
WHEREAS, unintentional injuries are the most common cause of death among children and young adults (ages 1-34) in Georgia; and
WHEREAS, unintentional injury death rates in most Georgia counties are higher than in the United States as a whole; and
WHEREAS, unintentional injuries are a leading cause of hospitalization and permanent disability; and
WHEREAS, the costs of unintentional injuries include not only medical care but costs of rehabilitation and loss of wages; and
WHEREAS, unintentional injuries can be prevented via education of the public, implementation of specific injury prevention programs, and implementation of laws and regulations; and
WHEREAS, programs exist which have been proven effective in preventing unintentional injuries; and
WHEREAS, skilled on-site treatment, rapid transport, and the availability of specialized trauma treatment centers can reduce death and permanent disability from all types of injuries; and
WHEREAS, effective public health surveillance programs can guide the type and placement of unintentional injury prevention programs, emergency transport, and trauma treatment centers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia to be composed of three members of the Senate to be appointed by the President of the Senate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; the Director of the Governors Office of Highway Safety or such persons designee; the Director of the Division of Public Health of the Department of Human Resources or such persons designee; the President of the Georgia Hospital Association or such persons designee; a representative of the Medical Association of Georgia and Georgia State Medical Association or that persons designee; the Executive Director of Safe Kids of Georgia or such persons designee; the Director of Childrens Trust Fund or such persons designee; the Commissioner of the State Department of Community Health; and the Director of the Injury Control Center of the Rollins School of Public Health or such persons designee to be appointed by the Governor with such persons consent. The

3444

JOURNAL OF THE HOUSE

Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems associated with the prevention of unintentional injuries, emergency transport, and emergency treatment of injured persons. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2001. The committee shall stand abolished on December 15, 2001.
PART II
WHEREAS, the State of Georgia has a significant number of communities that border other states; and
WHEREAS, these border communities are facing a number of serious problems related to their geographical proximity to other states; and
WHEREAS, the disparity in economic incentives, revenue, taxes, and benefits is having a substantial impact on these border communities; and
WHEREAS, studying how states bordering these communities deal with questions of property tax abatement, salary structure, and tax incentives, among other issues, would help guide the development of programs to improve the quality of life in border communities as well as the entire state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Georgia Border Communities to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the

WEDNESDAY, MARCH 21, 2001

3445

conditions, needs, issues, and problems related to being a border community including the impact on new and current businesses on increases in salaries; a comparison of the flexibilities that other states have in dealing with questions of property tax abatement; and the possibility of establishing a partnership similar to "The Alabama Partnership." The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its finding and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2001. The committee shall stand abolished on December 15, 2001.
PART III
WHEREAS, Georgias employers and employees are reliant upon each other for their mutual economic success; and
WHEREAS, the viability of the states employment security system is dependent upon maintaining a solvent unemployment trust fund supported by fair employer contributions; and
WHEREAS, the federal unemployment insurance system was instituted in 1935 as an income support program tailored to meet the needs of the work force and economy prevailing at that time; and
WHEREAS, Georgias employment security system was established to assist job seekers in securing suitable employment and to assist employers in obtaining qualified workers to meet workplace needs; and
WHEREAS, the states employment security system is intended to provide qualified citizens who lose their jobs through no fault of their own with access to limited, employer-funded assistance while they seek new employment or wait for reemployment and to lessen the impact of an economic downturn on the broader community; and
WHEREAS, the public policy of this state is and has been that economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state; that involuntary unemployment requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the workers family and that the

3446

JOURNAL OF THE HOUSE

achievement of social security requires protection against this greatest hazard of our economic life by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment; and
WHEREAS, advances in technology and expansion of international trade have forged a new economy and changed the nature of work; and
WHEREAS, the composition of Georgias work force has become more diverse since the institution of federal and state income support and security programs, with the inclusion of increased numbers of women, minorities, the disabled, and the elderly; and
WHEREAS, the composition of the work force has been further changed in recent years as a result of welfare reform, immigration, and other factors to include increasing numbers of new entrants who are low-skilled and low-wage workers and the State of Georgia has a continuing and abiding interest in strengthening the attachment of these individuals to the work force; and
WHEREAS, much debate has occurred concerning the role and effectiveness of federal and state income support and economic security programs in facilitating worker and employer adjustment to rapidly changing economic circumstances and the adequacy of the design of such programs; and
WHEREAS, any effort to restructure existing income support and economic security programs should include strategies for accommodating the changing needs of workers and employers in a changing economy; and
WHEREAS, any effort to restructure existing income support and economic security programs should include careful analysis and consideration of methods that enhance the administration of income support and economic security programs; and
WHEREAS, an opportunity should be provided for members of the General Assembly to study and consider these issues and options to address them, with the assistance and advice of employers, labor and other community stakeholders, with the aim of ensuring the continued prosperity of Georgias economy and its work force; and
WHEREAS, such a study should include consideration of strategies for assisting workers and employers in adjusting to changing economic conditions and changes in the mix of employment opportunities; and
WHEREAS, such a study should also include consideration of the role of public-private partnerships in implementing worker education and job training and community assistance; and

WEDNESDAY, MARCH 21, 2001

3447

WHEREAS, the foregoing changes necessitate new strategies for providing workplace education and training to assist workers in acquiring new skills.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Work Force Security and Enhancement in the New Georgia Economy to be composed of 17 members as follows: three members of the House of Representatives appointed by the Speaker thereof; three members of the Senate appointed by the President thereof; five members appointed by the Governor, to include representatives of the state Department of Technical and Adult Education, the University System of Georgia, and the public schools, and two additional members; five members appointed by the Commissioner of Labor from the business, labor, and general community; and the Commissioner of Labor who shall chair the commission. The commission shall meet at the call of the chair.
BE IT FURTHER RESOLVED that, in addition to normal legislative staff support services, the commission shall make use of staff support services provided by the Department of Labor.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems described in this resolution and issues related thereto and may recommend any actions or legislation which the commission deems appropriate. The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Departments and agencies of the state are authorized to furnish such assistance to the commission as the commission deems appropriate. Legislative members shall receive expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and their state employees, shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 2001. The commission shall stand abolished on December 31, 2001.

3448

JOURNAL OF THE HOUSE

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

SR 183. By Senator Smith of the 25th:
A resolution designating the "Baldwin Veterans Memorial Highway;" and for other purposes.

The following amendment was read and adopted:

Representative Twiggs of the 8th et al. move to amend SR 183 by adding before the word "and" on line 1 of page 1 the following:
"designating the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, as the annual 'Kansas City Barbeque Society Georgia State Championship;'".
By adding between lines 1 and 2 of page 1 the following:
"PART I."
By adding after line 4 of page 2 the following:
"PART II. WHEREAS, the Dillard Bluegrass & Barbeque Festival is sanctioned by the board of directors of the Kansas City Barbeque Society; this prestigious recognition elevates the Dillard cooking event to a select group of contests held throughout the United States; and
WHEREAS, each year barbeque cooking teams must earn points in order to compete at the American Royal World Championship held in Kansas City, Missouri, meaning that the Dillard Bluegrass & Barbeque Festival annually hosts a large number of teams and judges from across the United States, and that Dillard, in Rabun County, is the showcase for this event; and
WHEREAS, the Dillard Bluegrass & Barbeque Festival annually attracts thousands of people, has gained national and international attention, and provides excellent publicity for Dillard, Rabun County, and the State of Georgia; and
WHEREAS, in addition to the barbeque cookoff contest, the family oriented festival held in Dillard annually on the first Saturday in August offers world class bluegrass music,

WEDNESDAY, MARCH 21, 2001

3449

arts and crafts, a variety of events and entertainment, and great family fun for all ages; and
WHEREAS, the Dillard Bluegrass & Barbeque Festival has been designated by Governor Roy Barnes as the 'Kansas City Barbeque Society Georgia State Championship' in 1999 and in 2000, and such designation as a state championship event permits the Grand Champion of the Dillard barbeque cookoff contest to receive automatically an invitation to the American Royal World Championship at Kansas City, Missouri, and qualifies for the Jack Daniels National Invitational Barbecue Competition at Lynchburg, Tennessee, without affecting the status of any other championship event currently held in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, is hereby designated as the annual 'Kansas City Barbeque Society Georgia State Championship.'"

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

SR 190. By Senator Hill of the 4th:
A resolution designating the Jesse O. Kennedy, Jr., Memorial Bridge; and for other purposes.

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

SR 267. By Senators Smith of the 25th and Hill of the 4th:
A resolution creating the Joint Study Committee on Georgia Military College; and for other purposes.

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

3450

JOURNAL OF THE HOUSE

SR 345.

By Senator Smith of the 25th:
A resolution to designate the James Hulman Stanford Memorial Bridge in Putnam County; 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 was made applicable to the previously read Resolutions.

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

Y 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 E 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 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 Y Epps Y Everett Y Floyd Y Forster
Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell
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 Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann
Manning Martin Y Massey McBee McCall Y McClinton McKinney Y Millar Y Mills E Mobley 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 Reese Y Reichert Rice Y Richardson Y Roberts, D Y Roberts, L Rogers Y Royal 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
Smith, T Y Smith, V
Smyre Y Snelling Y Snow
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 Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Wix Y Yates Murphy, Speaker

WEDNESDAY, MARCH 21, 2001

3451

On the adoption of the Resolutions, the ayes were 144, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Ragas of the 64th and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Jamieson of the 22nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 610 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.

On the motion, 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 N Bohannon Y Bordeaux

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B N Deloach, G
Dix Y Dodson Y Drenner
Dukes N Ehrhart

Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye

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

3452
Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Epps Y Everett Y Floyd N Forster N Franklin Y Golick N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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

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

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

On the motion, the ayes were 110, nays 40.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jamieson of the 22nd, Buck of the 135th and Smith of the 175th.

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.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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

WEDNESDAY, MARCH 21, 2001

3453

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.

Representative Amerson of the 7th moved that the House adhere to its position in substituting SB 58 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 Amerson of the 7th, Hines of the 38th and Forster of the 3rd.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 following Senate substitute was read:

A BILL
To create a board of elections and registration for Chattooga County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds

3454

JOURNAL OF THE HOUSE

for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Chattooga County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Chattooga County with regard to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Chattooga County. (b) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for appointment by the chief judge of superior court to serve as a member of the board during the term of such elective office or within two years after such active political participation, and the position of any such member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office or upon such members engaging in such political activity. No person who holds or is a candidate for an elective public office or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for appointment by a political party to serve as a member of the board during the term of such elective office or within two years after such active political participation, and the position of any such member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office or upon such members engaging in such political activity. This subsection shall not prohibit a nonelective employee of the county governing authority from serving as a member of the board of elections and registration. (c) The first members of the board shall be appointed as follows:
(1) Two members shall be appointed by the chief judge of the superior court of the judicial circuit that includes Chattooga County for initial terms beginning July 1, 2001, and expiring December 31, 2004; (2) One member shall be appointed for an initial term beginning July 1, 2001, and expiring December 31, 2002, by the county executive committee of the political party that, at the last preceding regular general election for the election of the Governor,

WEDNESDAY, MARCH 21, 2001

3455

nominated a candidate and such candidate received the largest number of votes cast among candidates for the office of Governor in such election; (3) One member shall be appointed for an initial term beginning July 1, 2001, and expiring December 31, 2002, by the county executive committee of the political party that, at the last preceding regular general election for the election of the Governor, nominated a candidate and such candidate received the next largest number of votes cast among candidates for the office of Governor in such election; and (4) The fifth member shall be appointed by the chief judge of superior court of the circuit that includes Chattooga County from a list of one or more nominees submitted by a majority of the other four members of such board for an initial term beginning July 1, 2001, and expiring December 31, 2002. (d) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (e) If the four members of the Chattooga County Board of Elections and Registration shall be unable to agree upon a nominee or nominees to fill the fifth position on the board within 60 days after July 1, 2001, or within 60 days after the expiration of subsequent terms of office or within 60 days after the occurrence of a vacancy in such position, such position shall be filled by appointment by the chief judge of the superior court of the judicial circuit that includes Chattooga County without the necessity of the board agreeing upon any such nominee or nominees. (f) The members of the board shall select one member to serve as chairperson at the first meeting of each year and as necessary in the event of a vacancy.
SECTION 3. The appointment of each member shall be made by the appointing authoritys filing with the clerk of the Superior Court of Chattooga County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board no later than 60 days after the beginning of a term of office or within 60 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the chief judge of the superior court of the judicial circuit that includes Chattooga County shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without

3456

JOURNAL OF THE HOUSE

limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the Superior Court of Chattooga County. Each member shall be subject to removal from the board by the chief judge of the superior court of the judicial circuit that includes Chattooga County at any time, for cause, after notice of the right to have a timely hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 5. In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, such vacancy shall be filled by appointment of a successor by the appointing authority that appointed the member whose position is vacant, except as provided in Section 3 of this Act. Such person so appointed shall serve the remainder of the unexpired term. The clerk of the superior court shall be notified of all interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2001, the election superintendent and board of registrars of Chattooga County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act. On and after July 1, 2001, neither the election superintendent nor any member of the board of registrars shall be entitled to any salary or salary supplement to which he or she may have been entitled as a result of holding such position, including the supplement authorized in Code Section 15-9-64 of the O.C.G.A., relating to the salary supplement for judges of the probate courts who hold and conduct elections. The election superintendent and board of registrars of Chattooga County shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of registrars and the office of chief registrar of Chattooga County shall be abolished.
SECTION 8. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.

WEDNESDAY, MARCH 21, 2001

3457

SECTION 9. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Chattooga County shall have the right to approve the number of employees to be hired by the board.
SECTION 10. The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties. With the consent of the governing authority of Chattooga County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections.
SECTION 11. Compensation for the chairperson and other members of the board and for employees of the board shall be fixed by the board with the approval of the governing authority of Chattooga County. Such compensation shall be paid from county funds.
SECTION 12. The governing authority of Chattooga County shall provide the board with proper and suitable offices and equipment.
SECTION 13. The Chattooga County Board of Elections and Registration shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
SECTION 14. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 15. This Act shall become effective July 1, 2001, except that for purposes of making initial appointments to the board only, Sections 2 and 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

3458

JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Reece of the 11th moves to amend the Senate substitute to HB 489 by striking lines 1 through 36 on page 2 and lines 1 through 9 on page 3 and inserting the following:
"elective public office in the solicitation of votes for such candidate shall be eligible to serve as a member of the board during the term of such elective office or within two years after such active political participation as described in this subsection, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office or upon such members engaging in such political activity described in this subsection. This subsection shall not prohibit a nonelective employee of the county governing authority from serving as a member of the board of elections and registration. (c) The first members of the board shall be appointed as follows:
(1) Two members shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2004; and (2) Three members shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2002. (d) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (e) All members of the Chattooga County Board of Elections and Registration shall be appointed by the chief judge of the superior court of the judicial circuit that includes Chattooga County. (f) The chief judge of the superior court of the judicial circuit that includes Chattooga County shall select one of the members to serve as chairperson."
By striking lines 18 through 24 on page 3 and inserting the following: "for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board no later than 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution of the State of Georgia, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office."
By striking lines 2 through 8 on page 4 and inserting the following: "In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the chief judge of the superior court of the judicial circuit that includes Chattooga County shall appoint a

WEDNESDAY, MARCH 21, 2001

3459

successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members."
By striking lines 2 through 4 on page 6 and inserting the following: "This Act shall become effective July 1, 2001, except that for purposes of making initial appointments to the board only, Sections 2 and 3 of this Act shall become effective June 1, 2001."

Representative Reece of the 11th moved that the House agree to the Senate substitute, as amended by the House, to HB 489.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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.

The following Senate amendment was read:

Amend line 13, page one between "1999" and "be" to read "may" rather than "shall".

Representative Floyd of the 138th moved that the House disagree to the Senate amendment to HB 361.

On the motion, 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

3460
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
Buckner Y Bulloch E 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 Y Connell
Cooper

JOURNAL OF THE HOUSE

Day Y 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 E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines
Holland Y 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 Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney N Millar Y Mills E 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 N Roberts, D Y Roberts, L
Rogers 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, T N Smith, V
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

On the motion, the ayes were 152, nays 4. The motion prevailed.

Representatives Mangham of the 75th and Royal of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 "nay" thereon.

Representative Skipper of the 137th assumed the chair.

WEDNESDAY, MARCH 21, 2001

3461

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.
The following Senate substitute was read:
A BILL
To provide for regulation of ticket brokers and professional boxing 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; to delete provisions relating to the Georgia Boxing Commission from Chapter 8A of Title 43 of the Official Code of Georgia Annotated; to revise and move such provisions to Chapter 4B of such title; to change the name of the Georgia Boxing Commission to the Georgia Athletic and Entertainment Commission; to make editorial changes; to provide definitions; to provide for exemptions from the chapter; to provide for the commission membership and its appointment, terms, officers, vacancies, and reimbursement; to provide for the membership of a medical advisory panel and its qualifications, functions, meetings, and reimbursement; to provide for the duties, authority, and jurisdiction of the commission; to provide for inspectors and authorized representatives; to provide for investigations, activities which promote amateur boxing, and contracts; to provide for identification cards and a boxing registry; to provide for the commissions secretary, meetings, quorum, and rules and regulations; to prohibit certain relationships with or compensation from promoters or persons with a financial interest in activities regulated by the commission; to prohibit promoting or holding a professional match, contest, or exhibition of boxing by unlicensed persons or by persons without a match permit; to provide for licensing of promoters, referees, managers, judges, timekeepers, matchmakers, boxers, trainers, and certain other persons

3462

JOURNAL OF THE HOUSE

who assist boxers; to provide for fees, performance bonds, criteria for determining whether to issue a license, and authority to refuse to grant a license; to provide for disciplinary action against licensees and suspension or revocation of licenses or permits; to provide for safety requirements; to prohibit participation in professional matches, contests, or exhibitions of boxing by persons under 18; to prohibit persons other than ticket brokers from reselling or offering for resale any ticket for an athletic contest or entertainment event for a price exceeding the face value of the ticket; to provide for exceptions; to provide for service charges in certain circumstances; to preserve certain contractual rights; to provide for requirements for ticket brokers; to prohibit convicted felons from engaging in the business of a ticket broker in certain circumstances; to provide for certain disclosures by ticket brokers; to prohibit certain practices by ticket brokers; to provide for refunds; to restrict the percentage of tickets to a contest or event which may be resold by any ticket broker; to provide that a person who is the original purchaser for personal use of one or more tickets may sell or offer for resale such tickets at any price under certain circumstances; to exempt charitable organizations and their employees and volunteers from provisions regulating ticket sales and resales in certain circumstances; to authorize more restrictive regulation by ordinance of the applicable local government in certain circumstances; to provide a criminal penalty; to provide for rules and regulations; to provide for enforcement of provisions relating to ticket brokers by the commission; to provide for relief by order of the superior court; to provide for notice and opportunity to execute an assurance of voluntary compliance; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof the following:
"ARTICLE 12
10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. (b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by

WEDNESDAY, MARCH 21, 2001

3463

subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission. (c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated. Reserved.
10-1-311. Any person violating Code Section 10-1-310 shall be guilty of a misdemeanor. Reserved."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses is amended by striking in its entirety Chapter 8A, relating to professional boxing, and inserting a new Chapter 4B between Chapter 4A and Chapter 5 to read as follows:
"CHAPTER 4B ARTICLE 1
43-4B-1. As used in this chapter, the term:
(1) 'Amateur' means a person who engages in a match, contest, or exhibition of boxing which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4.

3464

JOURNAL OF THE HOUSE

(3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or (B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)).
(4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means:
(A) The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within such county or municipality. (10) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (11) 'Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches, contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (12) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.

WEDNESDAY, MARCH 21, 2001

3465

(13) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and:
(A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing; (B) Is participating or has participated in any match, contest, or exhibition of boxing to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (15) 'Professional match, contest, or exhibition of boxing' means a boxing match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer participating with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a match, contest, or exhibition and includes the boxers share of any payment received for radio broadcasting, television, or motion picture rights. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons.

3466

JOURNAL OF THE HOUSE

(20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling. (C) Unarmed combat shall not include: (i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or fullcontact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). (22) 'Wrestling' means a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences.
43-4B-2. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph.
43-4B-3. (a) The State Boxing Commission in existence immediately prior to the effective date of this chapter, is continued in existence subject to the provisions of this chapter. On

WEDNESDAY, MARCH 21, 2001

3467

and after the effective date of this chapter, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d) The commissions medical advisory panel, appointed by the Governor, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2.
43-4B-4. (a) The commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing held in this state. (d) The commission has the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter. (e) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. Such inspectors shall be present at all professional matches, contests, or exhibitions of boxing.

3468

JOURNAL OF THE HOUSE

(f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxers photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (j) The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry. (k) The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition of boxing and obtain answers to written or oral questions propounded to all persons associated with such professional event.
43-4B-5. The Secretary of State shall designate the secretary of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.
43-4B-6. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a

WEDNESDAY, MARCH 21, 2001

3469

quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairpersons call at a place designated by the chairperson.
43-4B-7. The commission shall adopt rules and regulations governing professional boxing to establish the following:
(1) Procedures to evaluate the professional records and physicians certifications of each boxer participating in a professional match, contest, or exhibition of boxing and to deny authorization for a professional boxer to fight where appropriate; (2) Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-14, no professional boxer is permitted to box while under suspension from any state boxing commission because of:
(A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physicians denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
43-4B-8 No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing.
ARTICLE 2
43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a promoters license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year.

3470

JOURNAL OF THE HOUSE

(b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. (c) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held.
43-4B-11. (a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. (b) The commission shall issue a license under this Code section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and (3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.
43-4B-12. In addition to the license required in Code Section 43-4B-12, each professional boxer who is a resident of this state or another state which has no state boxing commission is

WEDNESDAY, MARCH 21, 2001

3471

required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.
43-4B-13. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicants qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to:
(A) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout; or (B) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician.

3472

JOURNAL OF THE HOUSE

The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission, its secretary, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commission may revoke a suspension of a boxer if: (1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the facts.
43-4B-14. No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing without meeting the following requirements:
(1) Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition of boxing. The physician shall observe the physical condition of the boxers and advise the referee with regards thereto; (3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weighin and at the ring during the conduct of the professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers; (4) Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing; and

WEDNESDAY, MARCH 21, 2001

3473

(5) An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing.
43-4B-15. It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxers mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.
43-4B-16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated.
43-4B-17. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing.
43-4B-18. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
ARTICLE 3
43-4B-25. (a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $5.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner,

3474

JOURNAL OF THE HOUSE

operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (b) Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30, a sponsor of such a contest or event may contractually restrict the resale of a ticket to such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction.
43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $400.00, and renew the license annually; (3) Pay any local tax required by a local government; (4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
43-4B-27. No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored.
43-4B-28. (a) The ticket broker shall be required to:

WEDNESDAY, MARCH 21, 2001

3475

(1) Post at its established place of business the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held.
43-4B-29. (a) No provision of this article or any other provision of law shall criminally prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 1,500 feet of a ticket office for such a contest or event or a public entrance to such a contest or event. No provision of this article or any other provision of law shall criminally prohibit the purchaser for personal use of one or

3476

JOURNAL OF THE HOUSE

more tickets to an athletic contest or entertainment event from reselling or offering for resale any of such tickets in any zone or zones within the restricted areas, as provided in this subsection or subsection (b) of Code Section 43-4B-30, where such activity is authorized by the sponsor of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held. (b) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this article when offering for sale any tickets of admission in a raffle, auction, or similar fund-raising activity for the benefit of the organizations charitable purposes.
43-4B-30. (a) With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article. (b) The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons.
43-4B-31. Any person who violates this article is guilty of a misdemeanor of a high and aggravated nature.
43-4B-32. (a) In addition to the powers and duties set out in Code Section 43-4B-3, the commission is authorized to promulgate rules and regulations to accomplish the purposes of this article in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission shall enforce the provisions of this article. The enforcement powers of the commission set out in this Code section shall be in addition to the criminal penalty provided by Code Section 43-4B-31. (b) Whenever it may appear to the commission that any person is violating or has violated any provision of this article and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:

WEDNESDAY, MARCH 21, 2001

3477

(A) Issue a cease and desist order prohibiting any violation of this article; (B) Issue an order against a person who violates this article, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the ticket brokers license; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article, a rule promulgated under this article, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action in violation of this article; or (E) Other relief as the court deems just or reasonable. (c) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (d) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article.
ARTICLE 4
43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both.

3478

JOURNAL OF THE HOUSE

(2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-15 or Code Section 43-4B-16 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-16 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-16 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Powell of the 23rd moved to amend the Senate substitute to HB 538 by striking "(22)" on line 1 of page 7 and inserting in lieu thereof "(21)". By striking "$5.00" on line 12 of page 15 and inserting in lieu thereof "$3.00". By striking "43-4B-15" on line 3 of page 20 and inserting in lieu thereof "43-4B-14". By striking "43-4B-16" on line 3 of page 20 and inserting in lieu thereof "43-4B-15". By striking "43-4B-16" on line 7 of page 20 and inserting in lieu thereof "43-4B-15". By striking "43-4B-16" on line 9 of page 20 and inserting in lieu thereof "43-4B-15".

Representative Powell of the 23rd moved that the House agree to the Senate substitute, as amended by the House, to HB 538.

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

Allen N Amerson Y Anderson N Ashe

N Cox N Crawford N Cummings N Davis

N Hudson, S N Hugley Y Irvin Y Jackson, B

N Mueller N Orrock Y Parham
Parrish

N Smith, C Y Smith, C.W N Smith, L Y Smith, P

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

WEDNESDAY, MARCH 21, 2001

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

N Jackson, L Y James N Jamieson N Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y 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 N Martin N Massey N McBee Y McCall N McClinton Y McKinney N Millar Y Mills E Mobley Y Morris N Mosley

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

3479
Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings Y Stancil
Stanley Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson Y West N Westmoreland Y Wiles N Wilkinson N Willard Y Williams Y Wix N Yates Murphy, Speaker

On the motion, the ayes were 86, nays 75. The motion was lost.

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 "nay" thereon.

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:

3480

JOURNAL OF THE HOUSE

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.
The Senate has agreed to the House substitute as amended by the Senate to the following Bill of the Senate:
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.
The Senate insists on its amendment to the following bill of the House:
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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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:

WEDNESDAY, MARCH 21, 2001

3481

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 Senate insists on its substitute to the following bill of the House:
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.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
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 Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Dean of the 31st, Bowen of the 13th, and Stokes of the 43rd.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

3482

JOURNAL OF THE HOUSE

HB 920. By Representative Holland of the 157th:
A BILL to abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; and for other purposes.
The following Senate substitute was read:
A BILL
To abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; to provide for cost-of-living increases; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of the coroners office; to provide for the compensation of the deputy coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The present mode of compensating the coroner of Turner County, known as the fee system, is abolished, and in lieu thereof, an annual salary for such officer is prescribed as provided in this Act.
SECTION 2. (a) The coroner of Turner County shall receive an annual salary in the amount of not less than $8,500.00 and not more than $12,000.00 as shall be established by the board of commissioners of Turner County, payable in equal monthly installments from the funds of Turner County; provided, however, that if the state should enact by general law a salary schedule for coroners which would, but for this local Act, result in the coroner receiving a higher salary under the state law, the salary under such general law for coroners shall be the salary of the coroner of Turner County. (b) On and after January 1, 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 salary for the coroner as set pursuant to subsection (a) of this 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

WEDNESDAY, MARCH 21, 2001

3483

based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary of the coroner as set pursuant to subsection (a) of this section shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salary of the coroner as set pursuant to subsection (a) of this 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 such increases received by state employees become effective on January 1, such periodic changes in the salary of the coroner as set pursuant to subsection (a) of this 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. Such cost-of-living increases shall be automatic and shall not require action or approval by the board of commissioners of Turner County. (c) The deputy coroner of Turner County shall continue to receive the fees authorized in Chapter 16 of Title 45 of the O.C.G.A. for each case in which the deputy coroner performs the duties of such office.
SECTION 3. After the effective date of this Act, said coroner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed the coroner as compensation for his or her services as coroner; shall receive and hold the same in trust for said county as public moneys; and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. The provisions of this section shall not apply to fees to which the deputy coroner is entitled pursuant to this Act and general law.
SECTION 4. The necessary operating expenses of the coroners office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Turner County.
SECTION 5. In addition to compensation provided for in Section 2 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Turner County an itemized,

3484

JOURNAL OF THE HOUSE

verified account of any such expenses; provided, further, that the coroner shall not be reimbursed more than $1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Turner County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 4 of this Act.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Holland of the 157th moved that the House agree to the Senate substitute to HB 920.
On the motion the ayes were 120, 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 and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 204. By Senators Polak of the 42nd, Streat of the 19th and Thomas of the 10th:
A bill to be entitled an Act to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that certain bona fide coin operated amusement machines are not contraband; to amend Chapter 17 of Title 48 of the O.C.G.A., relating to taxation of bona fide coin operated amusement machines, so as to provide for notice of certain criminal provisions on master licenses and permit stickers issued for bona fide coin operated amusement machines; to provide that

WEDNESDAY, MARCH 21, 2001

3485

hearings relating to licensing of bona fide coin operated amusement machines are not subject to provisions relating to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that certain bona fide coin operated amusement machines are not contraband; to provide a definition; to prohibit the award of certain items as prizes; to provide that evidence of winnings from such machines shall not be exchangeable or redeemable for money, cash, or its equivalent in this state or any other jurisdiction; to change penalties for giving money for free replays on certain amusement machines, for giving money for noncash prizes for playing certain amusement machines, and for giving money for successful play of certain amusement machines; to provide penalties for any person who gives to any other person money for any noncash merchandise, prize, toy, gift certificate, or novelty received for playing a bona fide coin operated amusement machine; to provide penalties for the receipt of money for such free replays, for such noncash prizes, and for such successful play; to provide that giving or receiving any money for a gift certificate or reusing a gift certificate awarded for successful play is unlawful and to provide for penalties; to provide for seizure of such amusement machines in certain circumstances; to provide for a civil action for forfeiture and for venue, procedures, parties, notice, and disposition of such action; to require certain notice to be printed on gift certificates awarded for successful play; to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, so as to provide for notice of certain criminal provisions on master licenses and permit stickers issued for bona fide coin operated amusement machines; to change provisions relating to master licenses; to provide for refusal to issue or renew a master license or for suspension or revocation of a master license for violation of provisions relating to gambling; to provide that hearings relating to licensing of bona fide coin operated amusement machines are not subject to provisions relating to the Office of State Administrative Hearings; to authorize the commissioner to impose certain penalties for violation of Code Section 16-12-35 by certain business owners and business operators who are not licensees or applicants for licenses; to provide for verified monthly reports of gross retail receipts from bona fide coin operated amusement machines and total gross retail receipts from a business location in certain circumstances; to authorize audits; to provide penalties for violations by business owners or business operators who are not licensees or applicants for licenses; to provide for definitions; to prohibit local governments from prohibiting licensed bona fide

3486

JOURNAL OF THE HOUSE

coin operated amusement machines or limiting the number of such machines; to provide for exceptions; to authorize certain regulation of amusement machines by local governments, specified penalties for violations, and civil actions for injunctions in certain circumstances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving gambling, is amended by striking in its entirety subsection (a) of Code Section 16-12-30, relating to seizure and destruction of gambling devices, and inserting in lieu thereof the following:
"(a)(1) Except as provided in subsection (b) of Code Section 16-12-24, every gambling device is declared to be contraband and subject to seizure and confiscation by any state or local authority within whose jurisdiction the same may be found. (2) Bona fide coin operated amusement machines, as defined in Code Section 48-171, which reward a successful player only with noncash redemption in accordance with subsection (c) or (d) of Code Section 16-12-35 are not gambling devices and are not contraband. (3) Bona fide coin operated amusement machines, as defined in Code Section 48-171, which are alleged to have been used in a violation of subsection (e), (f), (g), or (h) of Code Section 16-12-35 are subject to seizure and forfeiture in accordance with the provisions of subsection (i) of Code Section 16-12-35."
SECTION 2. Said part is further amended in Code Section 16-12-35, relating to the applicability of the part prohibiting gambling, by striking in their entirety subsections (a.1), (c), (d), (e), (f), and (g) and inserting in lieu thereof the following:
"(a.1) As used in this Code section, the term: (1) 'Single play' or 'one play' means the completion of a sequence of a game where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence of winnings as set forth in subsection (c) or (d) of this Code section. (2) 'Some 'some skill' means any presence of the following factors, alone or in combination with one another: (1)(A) A learned power of doing a thing competently; (2)(B) A particular craft, art, ability, strategy, or tactic; (3)(C) A developed or acquired aptitude or ability; (4)(D) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5)(E) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both;

WEDNESDAY, MARCH 21, 2001

3487

(6)(F) Technical proficiency or expertise; (7)(G) Development or implementation of strategy or tactics in order to achieve a goal; or (8)(H) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section. Any amusement game, including any video card game, which does not require some skill, is subject to the provisions of this article prohibiting gambling, even if prizes are limited as provided in subsections (c) and (d) of this Code section." "(c)(1) Nothing in this part shall apply to a crane game machine or device meeting the requirements of paragraph (2) of this subsection. (2) A crane game machine or device acceptable for the purposes of paragraph (1) of this subsection shall meet the following requirements: (A) The machine or device must be designed and manufactured only for bona fide amusement purposes and must involve at least some skill in its operation; (B) The machine or device must reward a winning player exclusively with free replays or merchandise contained within the machine itself and such merchandise must be limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value not exceeding $5.00 and is not exchangeable or redeemable in any manner in this state or in any other state, jurisdiction, or foreign country for money, cash, or any equivalent thereof. The machine is prohibited from awarding as a reward for successful play any item the sale of which is regulated by Title 3, any tobacco products, or any firearms. A player may be rewarded with both free replays and noncash merchandise, prizes, toys, or novelties for a single play of the game or device as provided in this Code section; (C) The player of the machine or device must be able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy, or novelty; (D) The player of the machine or device must be made aware of the total time which the machine or device allows during a game for the player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy, or novelty; (E) The claw or grasping device must not be of a size, design, or shape that prohibits picking up or grasping a prize, toy, or novelty contained within the machine or device; and (F) The machine or device must not be classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (d)(1) Nothing in this part shall apply to a coin operated game or device designed and

3488

JOURNAL OF THE HOUSE

manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with:
(A) Free replays; (B) Merchandise limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value of not more than $5.00 received for a single play of the game or device and is not exchangeable or redeemable in any manner in this state or in any other state, jurisdiction, or foreign country for money, cash, or any equivalent thereof. The machine is prohibited from awarding as a reward for successful play any item the sale of which is regulated by Title 3, any tobacco products, or any firearms; (C) Points, tokens, vouchers, tickets, or other evidence of winnings which may be exchanged only for rewards set out in subparagraph (A) of this paragraph or subparagraph (B) of this paragraph or a combination of rewards set out in subparagraph (A) and subparagraph (B) of this paragraph; or (D) Any combination of rewards set out in two or more of subparagraph (A), (B), or (C) of this paragraph. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (2) A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection may accumulate winnings for the successful play of such bona fide coin operated amusement games or devices through tokens, vouchers, points, or tickets. Points may be accrued on the machine or device. A player may carry over points on one play to subsequent plays. A player may redeem accumulated tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets received does not exceed $5.00 for a single play. (e) Any person who gives to any other person money for free replays on coin operated games or devices described in subsection (b), (c), or (d) of this Code section shall, for a first offense, be guilty of a misdemeanor; provided, however, that a first offense involving transfer of more than $100.00 in a single transaction or in the aggregate shall be a felony punishable by imprisonment for not less than one and not more than three years or a fine, or both. Second and subsequent convictions shall be felonies punishable by imprisonment for not less than one and not more than three years or a fine, or both. The fine shall not exceed $10,000.00 for either the first or the second felony conviction and shall not exceed $20,000.00 for any subsequent felony conviction. (f) Any person owning or possessing an amusement game or device described in subsection (c) or (d) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for any noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing any such amusement game or device shall, for a first offense, be guilty of a misdemeanor; provided, however, that a first offense involving transfer of more than $100.00 in a

WEDNESDAY, MARCH 21, 2001

3489

single transaction or in the aggregate shall be a felony punishable by imprisonment for not less than one and not more than three years or a fine, or both. Second and subsequent convictions shall be felonies punishable by imprisonment for not less than one and not more than three years or a fine, or both. The fine shall not exceed $10,000.00 for either the first or the second felony conviction and shall not exceed $20,000.00 for any subsequent felony conviction. (f.1) Any person who gives to any other person money for any noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing a bona fide coin operated amusement machine in accordance with subsection (c) or (d) of this Code section shall, for a first offense, be guilty of a misdemeanor; provided, however, that a first offense involving transfer of more than $100.00 in a single transaction or in the aggregate shall be a felony punishable by imprisonment for not less than one and not more than three years or a fine, or both. Second and subsequent convictions shall be felonies punishable by imprisonment for not less than one and not more than three years or a fine, or both. The fine shall not exceed $10,000.00 for either the first or the second felony conviction and shall not exceed $20,000.00 for any subsequent felony conviction. (g) Any person owning or possessing an amusement game or device described in subsection (b), (c), or (d) of this Code section, or any person employed by or acting on behalf of any such person, who gives to any other person money as a reward for the successful play or winning of any such amusement game or device shall, for a first offense, be guilty of a misdemeanor of a high and aggravated nature; provided, however, that a first offense involving transfer of more than $100.00 in a single transaction or in the aggregate shall be a felony punishable by imprisonment for not less than one and not more than three years or a fine, or both. Second and subsequent convictions shall be felonies punishable by imprisonment for not less than one and not more than three years or a fine, or both. The fine shall not exceed $10,000.00 for either the first or the second felony conviction and shall not exceed $20,000.00 for any subsequent felony conviction.
(h)(1) It shall be unlawful for any person to receive money from another person for free replays on a bona fide coin operated amusement machine as defined in Code Section 48-17-1. (2) It shall be unlawful for any person to receive money from a person owning or possessing a bona fide coin operated amusement machine as defined in Code Section 48-17-1 or any person employed by or acting on behalf of any such person for any noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing any such bona fide coin operated amusement machine. It shall be unlawful for any person to receive any money for a gift certificate received as a reward in playing any bona fide coin operated amusement machine. (3) It shall be unlawful for any person to receive money as a reward for the successful play or winning of any bona fide coin operated amusement machine, as defined in Code Section 48-17-1, from any person owning or possessing such bona fide coin operated amusement machine or any person employed by or acting on behalf

3490

JOURNAL OF THE HOUSE

of such a person. (4) Violation of paragraph (1), (2), or (3) of this subsection shall, for a first offense, be a misdemeanor of a high and aggravated nature; provided, however, that a first conviction involving receipt of more than $100.00 in a single transaction or in the aggregate shall be a felony offense punishable by imprisonment for not less than one nor more than three years or a fine, or both. Second and subsequent convictions shall be felonies punishable with imprisonment for not less than one nor more than three years or a fine, or both. The fine shall not exceed $10,000.00 for either the first or the second felony conviction and shall not exceed $20,000.00 for any subsequent felony conviction. (i) Upon the arrest of any person charged with a violation of subsection (e), (f), (g), or (h) of this Code section or subsequent to such a violation, any peace officer may seize one or more machines or games which are alleged to have been used in such violation. Such seizure shall be reported to the district attorney of the county where the machine or game was seized within ten days of such seizure. Within 30 days after receipt of notice of such a seizure, the district attorney shall cause to be filed in the superior court of the county in which the machine or game was seized an action against the property so seized and provide notice of such action to all persons having an interest in or right affected by the seizure or sale of such property. Otherwise, the civil action and disposition of the machine or game shall be governed by the provisions of subsections (e), (f), (g), and (h) of Code Section 16-12-32. (j) Each gift certificate awarded for successful play on a bona fide coin operated amusement machine in accordance with subsection (c) or (d) of this Code section shall have printed on it the following: 'GEORGIA LAW PROHIBITS EXCHANGING OR REDEEMING THIS CERTIFICATE FOR MONEY, CASH, OR ANY EQUIVALENT, INCLUDING CHANGE IN MONEY OR CASH AS PART OF AN EXCHANGE FOR MERCHANDISE. CRIMINAL PENALTIES MAY INCLUDE A $1,000.00 FINE OR ONE YEAR IN PRISON, OR BOTH, FOR THE FIRST OFFENSE AND ARE MORE SEVERE FOR ADDITIONAL OFFENSES.'"
SECTION 3. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, is amended in Code Section 48-17-2, relating to master licenses, by inserting a new subsection to be designated subsection (d.1) to read as follows:
"(d.1) Each master license issued for bona fide coin operated amusement machines shall include the following:
'GEORGIA LAW PROHIBITS GIVING OR RECEIPT OF ANY MONEY FOR WINNING A GAME OR GAMES ON THIS AMUSEMENT MACHINE; GIVING OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS AMUSEMENT MACHINE; GIVING OR RECEIPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY WON ON THIS

WEDNESDAY, MARCH 21, 2001

3491

AMUSEMENT MACHINE; OR AWARDING ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5.00 FOR A SINGLE PLAY OF THIS MACHINE.'"
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 48-17-2, relating to master licenses, in its entirety and inserting in lieu thereof the following:
"(c) Each master license shall not list the name, address of the owner but shall have , and a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system."
SECTION 5. Said chapter is further amended by striking subsection (j) of Code Section 48-17-2, relating to master licenses, in its entirety and inserting in lieu thereof the following:
"(j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department is subject to public inspection."
SECTION 6. Said chapter is further amended in Code Section 48-17-4, relating to refusal to issue or renew licenses, revocation or suspensions of licenses, and hearings, by striking paragraph (1) of subsection (c) and by adding a new subsection immediately after subsection (d) so that paragraph (1) of subsection (c) and subsection (e) read as follows:
"(1) The licensee or applicant has intentionally violated a provision of this chapter, or a regulation promulgated under this chapter, or any provision of Article 2 of Chapter 12 of Title 16;" "(e) Notwithstanding any other provision of law, Article 2 of Chapter 13 of Title 50 shall not apply to hearings required or authorized by this chapter."
SECTION 7. Said chapter is further amended in Code Section 48-17-9, relating to annual permit fees and annual permit stickers for bona fide coin operated amusement machines, by redesignating subsection (d) as subsection (e) and inserting a new subsection (d) to read as follows:
"(d) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays; noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, or other evidence of winnings which may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following:
'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS

3492

JOURNAL OF THE HOUSE

MACHINE. O.C.G.A. 16-12-35.'"
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 48-17-15, relating to the limitation on percent of annual income derived from machines and revocation or suspension of license for violations, and inserting in lieu thereof the following:
"48-17-15. (a) In this Code section and in Code Section 48-17-16, the term:
(1) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (2) 'Gross retail receipts' means the total revenue derived by the business at any one business location from the sale of goods or services and the commission earned at any one business location on the sale of goods or services but does not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods or services at wholesale is not included. (a)(b) No business owner or business operator shall derive more than 50 percent of such business owners or business operators annual income from monthly gross retail receipts for the business location in which the bona fide coin operated amusement machine or machines are situated from bona fide coin operated amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Section 16-12-35. (c) For each business location which offers to the public one or more bona fide coin operated amusement machines, as defined in Code Section 48-17-1, the business owner or business operator shall prepare a monthly verified report setting out separately the gross retail receipts from the bona fide coin operated amusement machines and the gross retail receipts from the business location. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department is authorized to audit any records for any such business location. (b)(d) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may fine an applicant or licensee, refuse to issue or renew a master license, or may revoke or suspend a master license for single or repeated violations of subsection (a)(b) of this Code section. (e) As a penalty for violation of the provisions of subsection (b) or (c) of this Code section, the commissioner may: (1) Fine:
(A) A business owner who is not an applicant for a license or a licensee; and (B) A business operator who is not an applicant for a license or a licensee; or (2) Issue an order barring a person described in paragraph (1) of this subsection from offering any bona fide coin operated amusement machine to the public for commercial use at the business location which was the site or subject of the violation for a period not to exceed six months; or (3) Fine as provided in paragraph (1) of this subsection and issue an order as provided in paragraph (2) of this subsection.

WEDNESDAY, MARCH 21, 2001

3493

Before a penalty is imposed in accordance with this subsection, a business owner or business operator is entitled to at least 30 days written notice and, if requested, a hearing. Such written notice may be served in the manner provided for written notices to applicants for licenses and licensees in subsection (b) of Code Section 48-17-5, and an order imposing a penalty may be delivered in the manner provided for delivery of the commissioners orders to applicants for licenses or licensees in Code Section 48-176."
SECTION 9. Said chapter is further amended by inserting a new Code section to be designated Code Section 48-17-15.1 to read as follows:
"48-17-15.1. (a) For single or repeated violations of Code Section 16-12-35 by a business owner or business operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner may impose the following penalties on such a business owner or business operator who is not an applicant for a license or a licensee:
(1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter; or (2) A suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business owner or business operator is entitled to at least 30 days written notice and, if requested, a hearing. Such written notice may be served in the manner provided for written notices to applicants for licenses and licensees in subsection (b) of Code Section 48-17-5, and an order imposing a penalty may be delivered in the manner provided for delivery of the commissioners orders to applicants for licenses and licensees in Code Section 4817-6. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner shall require the business owner or business operator to post a notice in the business location setting out the period of the suspension or revocation. No master licensee or applicant for a master license shall allow a bona fide coin operated amusement machine under the control of such licensee or applicant to be placed in a business location owned or operated by a business owner or business operator who has been penalized by a suspension or revocation during the period of the suspension or revocation."
SECTION 10. Said chapter is further amended by inserting a new Code section to be designated Code Section 48-17-16 to read as follows:
"48-17-16. (a) Providing that the owner and possessor of a bona fide coin operated amusement machine, as defined in Code Section 48-17-1, have complied with the provisions of this chapter, the governing authority of the county or municipal corporation where such a

3494

JOURNAL OF THE HOUSE

bona fide coin operated amusement machine is located is not authorized to: (1) Prohibit the possession, use, or offering to the public of such a bona fide coin operated amusement machine in any lawful business; or (2) Restrict the number of bona fide coin operated amusement machines in any lawful business, except as otherwise provided in paragraphs (1), (6), and (13) of subsection (b) of this Code section.
(b) The governing authority of any county or municipal corporation is authorized to enact and enforce an ordinance which includes but is not limited to any or a combination of the following provisions:
(1) Prohibiting the commercial offering to the public of more than six bona fide coin operated amusement machine which rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 at any business location which sells alcoholic beverages by the package; (2) Requiring the owner or operator of a business location which offers to the public any bona fide coin operated amusement machine which rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform all employees of the prohibitions and penalties set out in subsections (e), (f), (g), and (h) of Code Section 16-12-35; (3) Requiring the owner or possessor of any bona fide coin operated amusement machine which rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform each business owner or business operator of the business location where such machine is located of the prohibitions and penalties set out in subsections (e), (f), (g), and (h) of Code Section 16-12-35; (4) Providing for fines and the suspension or revocation of a license granted by such local governing authority to manufacture, distribute, or sell alcoholic beverages or for the suspension or revocation of any other license granted by such local governing authority as a penalty for conviction of the owner or operator of a business location of a violation of subsection (e), (f), or (g) of Code Section 16-12-35, or both; provided, however, that a municipal corporation is not authorized to impose any penalty greater than the maximum penalty authorized by such municipal corporations charter. An ordinance providing for the suspension or revocation of a license shall conform to the due process guidelines for granting, refusal, suspension, or revocation of a license for the manufacture, distribution, or sale of alcoholic beverages set out in subsection (b) of Code Section 3-3-2;
(5)(A) Providing that, after the arrest of the owner or operator of a business location or an employee or agent of such an owner or operator for a violation of subsection (e), (f), or (g) of Code Section 16-12-35, the prosecuting attorney of the county or municipal corporation, as the case may be, is authorized to seek an order of the superior court enjoining the owner and operator of the business location from offering to the public any bona fide coin operated amusement machine at the business location where the violation occurred for up to 90 days; and (B) Providing that, after the conviction of the owner or operator of a business location or an employee or agent of such an owner or operator for a violation of

WEDNESDAY, MARCH 21, 2001

3495

subsection (e), (f), or (g) of Code Section 16-12-35, the prosecuting attorney of the county or municipal corporation, as the case may be, is authorized to seek an order of the superior court enjoining the owner and operator of the business location from offering to the public any bona fide coin operated amusement machine at the business location where the violation occurred for up to 90 days; (6) Requiring any business owner or business operator subject to Code Section 4817-15 to provide to the local governing authority a copy of each verified monthly report prepared in accordance with such Code section and incorporating the provisions of such Code section in the ordinance; (7) Requiring that the business owner or business operator of any business location which offers to the public one or more bona fide coin operated amusement machines posts prominently a notice including the words set forth in subsection (d.1) of Code Section 48-17-2 for inclusion on a master license for bona fide coin operated amusement machines or words which are substantially similar; (8) Providing for restrictions relating to distance from specified structures or uses, so long as those distance requirements are no more restrictive than such requirements applicable to the sale of alcoholic beverages; (9) Requiring, as a condition for doing business in the jurisdiction, disclosure by the business owner or business operator of the name and address of the owner of the bona fide coin operated amusement machine or machines; (10) Prohibiting the award for successful play of bona fide coin operated amusement machines of gift certificates redeemable at any business location other than the location where the prize was won; (11) Providing for penalties, including fines or suspension or revocation of a license as provided in paragraph (4) of this subsection, or both, for a violation of any ordinance enacted pursuant to this subsection; provided, however, that a municipal corporation is not authorized to impose any penalty greater than the maximum penalty authorized by such municipal corporations charter; (12) Providing for any or all of the penalties authorized by paragraph (6) of this subsection for violation of Code Section 48-17-15; (13) Requiring an arcade permit for any business commercially offering to the public more than 15 bona fide coin operated amusement machines which provide for noncash redemption in a single location; denying such an arcade permit on any grounds which are not arbitrary or capricious; and imposing other reasonable restrictions, not in actual conflict with this chapter or Code Section 16-12-35, concerning the commercial offering to the public of more than 15 bona fide coin operated amusement machines which provide for noncash redemption in a single location; (14) Imposing age restrictions on players of certain bona fide coin operated amusement machines; and (15) Imposing other reasonable restrictions, not in actual conflict with this chapter or Code Section 16-12-35, concerning the commercial offering to the public of bona fide coin operated amusement machines."

3496

JOURNAL OF THE HOUSE

SECTION 11. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2001. (b) Sections 3 and 7 of this Act shall become effective January 1, 2002.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smyre of the 136th and Skipper of the 137th move to amend the Committee substitute to SB 204 by adding between lines (2) and (3) of page 5 the following:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, it shall be unlawful for any person to give or receive money or noncash redemption in excess of that amount permitted in Code Section 16-12-35 for playing any of the following devices or games: a bona fide coin operated amusement machine, including, but not limited to, poker or blackjack, or a matchup or lineup game machine or device which requires the player to use skill stops to complete the game. Any person who violates this paragraph shall be guilty of commercial gambling and punished as provided in Code Section 16-12-22."

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 N Boggs N Bohannon N Bordeaux Y Borders N Bridges Y Brooks Y Broome

Y Cox N 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 Y Everett Y Floyd N Forster

N Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan Y Joyce N Kaye N Keen N Knox Y Lane Y Lanier

N Mueller Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N Reese

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

N Brown Y Buck Y Buckner Y Bulloch E 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

WEDNESDAY, MARCH 21, 2001

N Franklin N Golick Y Graves Y Greene Y 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 Y Hudgens Y Hudson, N

N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham E Mann N Manning Y Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar N Mills E Mobley Y Morris N Mosley

Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper N Smith, B

3497
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 N Westmoreland N Wiles N Wilkinson Y Willard N Williams
Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 110, nays 56. The amendment was adopted.

Representative Cooper of the 31st stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Day of the 153rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and ruled out of order:

Representative Hudgens moves to amend the Committee substitute to SB 204 by adding between lines (2) and (3) of page 5 the following:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, it shall be unlawful for any person to give or receive anything of value other than one or more free replays for playing any of the following devices or games:
(A) Any slot machine or any video game or device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, or keno or any simulation or variation thereof; or

3498

JOURNAL OF THE HOUSE

(B) Any matchup or lineup game machine or device which requires the player to use skill stops to complete the game. Any person who violates this paragraph shall be guilty of commercial gambling and punished as provided in Code Section 16-12-22."

The following amendment was read:

Representatives Jamieson of the 22nd, Powell of the 23rd, McCall of the 9th, Bell of the 25th and Porter of the 143rd moves to amend the Committee substitute to SB 204 by striking all matter from line 1 of page 1 through line 25 of page 13 and inserting in its their place the following:
"To amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving gambling, so as to change the definition of illegal gambling devices to include certain poker or blackjack game machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving gambling, is amended in Code Section 16-12-20, relating to definitions, by striking paragraph (2) and inserting in its place a new paragraph to read as follows:
'(2) "Gambling device" means: (A) any Any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance; or (B) Any video game machine or device for commercial use which is operated by a slot in which is deposited a coin or thing of value for the play of poker or blackjack.
Any item described in subparagraph (B) of this paragraph shall be a prohibited gambling device subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this state, including without limitation Code Section 16-12-35 which shall not operate to exempt such items from this part.'
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."

WEDNESDAY, MARCH 21, 2001

3499

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

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

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

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

N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil N Stanley Y Stanley-Turner
Stephens Y Stokes N Stuckey N Taylor Y Teague N Teper N Tillman N 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 adoption of the amendment, the ayes were 87, nays 85. The amendment was adopted.

Representative Mueller of the 152nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

3500

JOURNAL OF THE HOUSE

Representative Smyre of the 136th moved that the House reconsider its action in adopting the Jamieson amendment.

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 N Barnes Y Bell Y Birdsong Y Black N Boggs Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch E Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell N Cash Y Channell N Childers Y Coan N Coleman, B Y Coleman, T Y Collins Y 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 Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Golick Y Graves N Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree N Henson Y Hines Y Holland Y Holmes N Houston Y Howard N Hudgens N Hudson, N

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

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

Y Smith, C N Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smyre N Snelling Y Snow
Squires Y Stallings N Stancil Y Stanley N Stanley-Turner N Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest N 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 motion, the ayes were 107, nays 63. The motion prevailed.

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

WEDNESDAY, MARCH 21, 2001

3501

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

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

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

N Mueller Y Orrock Y Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas N Randall Y Ray Y Reece Y Reed N Reese N Reichert Y Rice N Richardson N Roberts, D N Roberts, L N Rogers Y Royal N Sailor N Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw Y Sholar Y Sims N Sinkfield N Skipper N 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 N Snow Y Squires N Stallings Y Stancil N Stanley Y Stanley-Turner N Stephens Y Stokes N Stuckey N Taylor Y Teague N Teper N Tillman N 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 Y Yates
Murphy, Speaker

On the re-adoption of the Jamieson amendment, the ayes were 78, nays 94. The amendment was lost.

The following amendment was read:

Representative Hudgens of the 24th moves to amend the Committee substitute to SB 204 by adding after line 11 on page 7 the following:

3502

JOURNAL OF THE HOUSE

"(k) Notwithstanding the provisions of paragraph (1) of this subsection, it shall be unlawful for any person to give or receive anything of value other than one or more free replays for playing any of the following devices or games:
(A) Any slot machine or any video game or device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, or keno or any simulation or variation thereof; or (B) Any matchup or lineup game machine or device which requires the player to use skill stops to complete the game. Any person who violates this paragraph shall be guilty of commercial gambling and punished as provided in Code Section 16-12-22." Provided however nothing herein shall be construed to prohibit any game sanctioned by the Georgia Lottery Corporation.

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

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 N Everett N Floyd Y Forster Y Franklin Y Golick
Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes N Houston N Howard

Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson Y Jenkins Y Jennings N Johnson N Jordan Y Joyce Y 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 Y Martin Y Massey Y McBee Y McCall
McClinton N McKinney Y Millar Y Mills E Mobley

Y Mueller Y Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas N Randall N Ray Y 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 Y Scott N Seay N Shanahan N Shaw N Sholar Y Sims N Sinkfield

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

N Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Y Hudgens N Hudson, N

N Morris Y Mosley

N Skipper Y Smith, B

3503
Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 100, nays 72. The amendment was adopted.

The following amendment was read:

Representative Hudgens of the 24th moves to amend the Committee substitute to SB 204 by adding between lines (2) and (3) of page 5 the following:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, it shall be unlawful for any person to give or receive anything of value other than one or more free replays for playing any of the following devices or games:
(A) Any slot machine or any video game or device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, or keno or any simulation or variation thereof; or (B) Any matchup or lineup game machine or device which requires the player to use skill stops to complete the game. Any person who violates this paragraph shall be guilty of commercial gambling and punished as provided in Code Section 16-12-22."

The following amendment was read and adopted:

Representative Barnes of the 97th moves to amend the Hudgens amendment to SB 204 by inserting on line 13 after "16-12-22" the following:
"; provided, however, that the provisions of this paragraph shall not apply to any bona fide non-profit, tax exempt organization allowed to operate raffles pursuant to the provisions of Code section 16-12-22.1 which obtains a license to operate such devices from the sheriff as herein provided. Any such non-profit, tax exempt organization which intends to operate devices described in subparagraphs (A) and (B) of this paragraph shall annually make a separate application for a license to operate such devices as is provided in subsection (d) of Code section 16-12-22.1 to the sheriff of the county in which such devises shall be located. The provisions of subsection (e) through (1) of Code section 16-12-22.1 regarding the authority of the sheriff, the manner and location where such devices may be operated, the age of players.

3504

JOURNAL OF THE HOUSE

limitations on contracts and payment of consultants, the records to be maintained and reports to be filed by the licensee shall apply to any nonprofit organization which operates such devices".

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

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

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

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Jenkins N Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen N Knox N 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 Millar N Mills E Mobley Y Morris N Mosley

Y Mueller Orrock Parham
Y Parrish Y Parsons N Pelote N Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas
Randall Y Ray Y Reece N Reed N Reese Y Reichert N 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 N Sims
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 N 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 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 N Williams Y Wix
Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 123, nays 35. The amendment was adopted.

WEDNESDAY, MARCH 21, 2001

3505

Representative Teague of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Scheid of the 17th moved that SB 204 be placed upon the table.

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 N Bordeaux N Borders N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch E Bunn N Burkhalter N Burmeister N Byrd N 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 N Dean N Deloach, B N Deloach, G N Dix N Dodson N Drenner N 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
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 N 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
McKinney N Millar N Mills E Mobley Y Morris N Mosley

N 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 N Reese N Reichert N Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal N Sailor N Sanders Y Scheid N Scott N Seay N Shanahan N 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 N Snelling N Snow N Squires N Stallings N Stancil N Stanley N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
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 motion, the ayes were 2, nays 171. The motion failed.

3506

JOURNAL OF THE HOUSE

The following amendment was read:

Representatives Walker of the 141st, Skipper of the 137th and Smyre of the 136th move to amend the Committee substitute to SB 204 by inserting on line 7 of page 2 immediately following the word and symbol "circumstances;" the following:
"to provide for an exemption for offering by the Georgia Lottery Corporation of games determined by the Georgia Lottery Corporation to be otherwise authorized by the Constitution and laws of this state;".
By inserting between lines 19 and 20 of page 13 the following:
"SECTION 11. This Act shall not be construed to prohibit the Georgia Lottery Corporation from offering to the public any game which the Georgia Lottery Corporation determines is otherwise authorized by the Constitution and laws of this state."
By renumbering Sections 11 and 12 as Sections 12 and 13, respectively.

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 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 E Bunn Y Burkhalter N Burmeister N 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 N Franklin N Golick Y Graves Y Greene Y Hammontree Y Hanner N Harbin Y Harrell

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 Y Kaye Y Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning

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 N 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 Y Turnquest Y Twiggs Y Unterman Y Walker, L

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

WEDNESDAY, MARCH 21, 2001

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 Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills E 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 N Smith, B

3507
Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 159, nays 16. The amendment was adopted.

Representative Teague of the 58th 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 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
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 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
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
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
Taylor Teague

3508
Y Buckner Y Bulloch E 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 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

N 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 E Mobley Y Morris Y Mosley

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 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 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Lunsford of the 109th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Jackson of the 112th, Reese of the 85th, Taylor of the 134th 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.

The Speaker Pro Tem assumed the Chair.

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.

WEDNESDAY, MARCH 21, 2001

3509

The report of the Committee, which was favorable to the 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 E 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
Dix Y Dodson Y Drenner Y 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 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 E Mann Y Manning Y Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills E 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
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 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
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 0. The Bill, having received the requisite constitutional majority, was passed.

3510

JOURNAL OF THE 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to change the definitions of certain terms; to provide procedures for registration; to provide for the registration of certain sex offenders convicted in tribal court; 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 change the provisions relating to what effect the discharge of a defendant without adjudication of guilt under laws applicable to first offenders has on a persons civil rights or liberties; 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 striking in its entirety Code Section 42-1-12, relating to required registration of certain sex offenders, and inserting in lieu thereof a new Code Section 42-1-12 to read as follows:
"42-1-12. (a) As used in this Code section, the term:

WEDNESDAY, MARCH 21, 2001

3511

(1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board. (3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, or upon a plea of guilty, or a plea of nolo contendere. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;

3512

JOURNAL OF THE HOUSE

(viii) Creating, publishing, selling, or distributing any material depicting a minor engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; or (x) Any conduct which, by its nature, is a sexual offense against a minor. (B)(C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-61, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the

WEDNESDAY, MARCH 21, 2001

3513

crime of which convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, or under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment, if any; the crime of which convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each persons name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the courts request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually

3514

JOURNAL OF THE HOUSE

violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency and at least one representative from a law enforcement agency who is certified as a peace officer under Title 35. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 457-21. (C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, or school address, the person shall give the new address to the sheriff or sheriffs with whom the person last registered, not later than ten days after the change of address. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of residence address; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student;

WEDNESDAY, MARCH 21, 2001

3515

(iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school address, and employment address. Screens shall also be created for sheriffs offices for the entry of record confirmation data,; employment; changes of residence, school, or and employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, or territory, or tribal authority or who has been convicted of an offense in another state, or territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address and employment information with the appropriate sheriff of the county as specified in subsection (c) of this Code section of new residence not later than ten days after the date of establishing residency in this state. Upon the persons registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In

3516

JOURNAL OF THE HOUSE

addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register:
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the persons temporary address, permanent address in the persons state of residence, employment address, or school address. Upon the persons registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the persons fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment address, or school address. (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the persons county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information

WEDNESDAY, MARCH 21, 2001

3517

system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification.
(d)(1) For a person required to register under subparagraph (b)(1)(A) of this Code section, on each anniversary of the persons initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and (D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. unless the person proves that he or she has not changed his or her residence address. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, until: (1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person: (A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or

3518

JOURNAL OF THE HOUSE

(C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section."
SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 428-62, relating to discharge of defendant without adjudication of guilt with respect to certain first offenders, and inserting in lieu thereof a new subsection (a) to read as follows:

WEDNESDAY, MARCH 21, 2001

3519

"(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry, the The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge."
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 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
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart

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 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
Snow Y Squires Y Stallings Y Stancil Y Stanley

3520
Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch E 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 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
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 E Mobley
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
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, by substitute, the ayes were 164, 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 "aye" thereon.

SB 274. By Senators Lee of the 29th, Meyer von Bremen of the 12th, Jackson of the 50th, Hill of the 4th, Golden of the 8th and others:
A bill to be entitled an Act 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 shall pay the first salary payment on the last day of the month in which service is rendered; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

WEDNESDAY, MARCH 21, 2001

3521

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 for the first salary payment for beginning classroom teachers; to provide for rules and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certain public school employees, is amended by inserting at the end thereof a new subsection (c) to read as follows:
"(c) A local unit of administration shall pay beginning classroom teachers the first salary payment for the number of days worked at the end of the first month of the school year in which service is rendered. The State Board of Education shall develop rules and procedures for implementing this subsection by July 1, 2001."
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 ruled not germane:

Representative Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd and Cummings of the 27th move to amend SB 274 by adding on line 4 of page 1 between the first semicolon and the word "to" the following:
"to amend Code Section 20-2-270.l of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, to as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods to private schools located in this state;".
By renumbering Section 2 on page 1 as Section 3 and adding between lines 11 and 12 on page 1 the following:

3522

JOURNAL OF THE HOUSE

"SECTION 2. 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, is amended by adding at the end thereof a new subsection (d) to read as follows:
'(d) A regional educational service agency shall be authorized to sell or provide at reasonable costs goods to private schools located in this state.'"

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
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
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
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
Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Hudgens 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 Y Manning
Martin Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills E 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
Sailor Y Sanders
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
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

WEDNESDAY, MARCH 21, 2001

3523

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.
SB 254. By Senators Hecht of the 34th, Polak of the 42nd, Kemp of the 3rd and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the O.C.G.A., relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to provide that if a person is in violation of certain provisions of this chapter, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person; to change certain penalty provisions relating to

3524

JOURNAL OF THE HOUSE

violations of said chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety subsection (c) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(1) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors. (2) A person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-14-12.1, relating to cease and desist orders in connection with the profession of a conditioned air contractor, and inserting in lieu thereof a new Code Section 43-14-12.1 to read as follows:
"43-14-12.1. (a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor advertises that such person is in the business or profession of a conditioned air contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, radio, telephone directory, mailings, business cards, or sign at place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter. (d) The violation of any cease and desist order of the board issued under subsection (c)

WEDNESDAY, MARCH 21, 2001

3525

of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-14-14, relating to the penalty applicable under said chapter, and inserting in lieu thereof a new code Section 43-14-14 to read as follows:
"43-14-14. Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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 Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch

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 N Forster N 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 N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford

Y Mueller Y Orrock Y Parham
Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N 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
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

3526
E Bunn Y Burkhalter N Burmeister Y Byrd
Callaway Y Campbell Y Cash
Channell Y Childers
Coan Y Coleman, B
Coleman, T Collins 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
Hudgens Y Hudson, N

Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar
Mills E 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 Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

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 147, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 291. By Senators Meyer von Bremen of the 12th, Jackson of the 50th, Smith of the 25th and Hecht of the 34th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change procedures and penalties in disciplinary hearings when a student has allegedly committed an act of physical violence against a teacher or other school official or employee; to provide a definition; to change the penalty; to provide for written complaints and disciplinary hearings by the local board of education; to provide for notice and other rights of the parties; to provide for record of the hearing; to provide for a decision of the local board; to provide for appeal; to provide for decision of the state board; to change other provisions to conform to this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 21, 2001

3527

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 penalties when a student has committed an act of physical violence against a teacher or other school official or employee; to provide a definition; to provide for the adoption by local boards of education of policies regarding unruly behavior of students on school buses; 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 Code Section 20-2-751.6, relating to disciplinary policy for students committing acts of physical violence against teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Making physical contact of an insulting or provoking nature with the person of another, whether intentionally or due to acting in conscious disregard of a substantial and foreseeable risk; or (2) Causing physical harm to another, whether intentionally or due to acting in conscious disregard of a substantial and foreseeable risk, unless such physical contact or physical harm was in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the suspension of penalties for a student who commits any act of physical violence resulting in substantial physical injury to against a teacher or other school official or employee. A student who was not enrolled in an alternative education program at the time of the act of physical violence may be suspended or expelled and may be enrolled in an alternative education program during the term of suspension or expulsion. A student who was enrolled in an alternative education program at the time of the act of physical violence against a teacher or other school official or employee because of a previous act of physical violence may be expelled and may be referred to juvenile court with a request for a petition alleging delinquent behavior and a request that such student be sent to a youth development center by the court. If a students enrollment in an alternative education program was unrelated to an act of physical violence and such student commits an act of physical violence against a teacher or other school official or employee, such a student may be suspended or expelled and may be enrolled in an alternative education program during the term of suspension or expulsion from all public school programs, including alternative education programs, for the remainder of the school quarter or semester. The local board shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing pursuant to

3528

JOURNAL OF THE HOUSE

Code Section 20-2-754 regarding the suspension alleged act of physical violence and penalty. Notwithstanding any provision of Code Section 20-2-751.2 to the contrary, a local school system shall not enroll any student who has been suspension suspended or expelled by another local board of education pursuant to this subsection during the term of the suspension or expulsion. (b) Notwithstanding any provision of Code Section 20-2-150 to the contrary, a student who has been suspended pursuant to subsection (a) of this Code section shall not be eligible for enrollment in any educational program authorized under Part 3 of Article 6 of this chapter; provided, however, that a local board of education may enroll such a student in an alternative education program established pursuant to Code Section 20-2769. (c) The provisions of subsection (a) (b) of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2161 and 20-2-260. (d) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 2. Said chapter is further amended in Subpart 1A of Part 2 of Article 16, relating to an improved student learning environment and discipline, by adding a new Code section to be designated Code Section 20-2-735.1 to read as follows:
"20-2-735.1. Each local board of education shall adopt policies that prohibit unruly behavior on school buses and shall require such prohibition to be included in student codes of conduct. Local board policies shall require that, upon finding that a student has engaged in unruly behavior on a school bus for the second time in a school year, there shall be a meeting of the parent or guardian of the student, the bus driver, and appropriate school officials to form a school bus behavior contract for the student. Such contract shall provide for assigned seating on a bus, ongoing parent involvement, and progressive discipline for student misconduct on the bus, including possible suspension from riding the bus."
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:

WEDNESDAY, MARCH 21, 2001

3529

Y Allen Y Amerson N 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 E 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 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 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 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 E 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 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
Squires Y Stallings Y Stancil Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
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 Y Williams Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 562. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Cummings of the 27th:
A RESOLUTION urging the board of trustees of the Employees' Retirement System of Georgia and the board of trustees of the Teachers Retirement System of Georgia to maintain separate, distinct, and independent

3530

JOURNAL OF THE HOUSE
management of administration and assets of the two retirement systems; 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
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 E 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

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
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 N 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
Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar
Mills E 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
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y 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 Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 156, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 21, 2001

3531

Representative James of the 140th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" 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.

SB 11.

By Senator Thompson of the 33rd:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to change the powers of business development corporations; to delete a prohibition against incurring secondary liability; to clarify that powers relate to commercial, residential, and historical real property; to clarify that business development corporations are authorized to acquire real estate for the purpose of constructing residential buildings, industrial plants, industrial parks, or business establishments, to dispose of real estate to others for such purpose.

The report of the Committee, which was favorable to the 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
Brown

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

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 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 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
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

3532
Y Buck Buckner
Y Bulloch E 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 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

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 Mills E Mobley Y Morris Y Mosley

Y Rice Y Richardson Y Roberts, D
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 Teague Y Teper Y Tillman
Turnquest Y Twiggs
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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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.

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

WEDNESDAY, MARCH 21, 2001

3533

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 E 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
Epps Y Everett Y Floyd Y Forster
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 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 Martin Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills E Mobley 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
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
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
Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens
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, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Parsons of the 40th 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.

3534

JOURNAL OF THE HOUSE

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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 following Senate amendment was read:

Amend HB 367 by inserting "elected or" following "any" on line 15 of page 1, by deleting the quotation marks at the end of line 28 of page 2, and by inserting between lines 28 and 29 of page 2 the following:
"(e) The provisions of Code Section 45-11-4 shall not apply to an authority official as defined in this Code section.'".

Representative Byrd of the 170th moved that the House disagree to the Senate amendment to HB 367.
The motion prevailed.

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.

The following Senate amendments were read:

Amend HB 521 by adding at the end of line 3 of page 1 the following:

WEDNESDAY, MARCH 21, 2001

3535

"provide that the Public Service Commission shall have the exclusive power and authority to prescribe rules and regulations for the operation, maintenance, location, and deployment of public pay telephones within the state; to".
By adding on line 7 of page 3 between the first comma and the word "including" the following:
"including public pay telephones and".
By renumbering Section 3 on page 5 as Section 4 and by adding between lines 2 and 3 on page 5 the following:
"SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 46-5-6 to read as follows:
'46-5-6. The Public Service Commission shall have the exclusive power and authority to prescribe rules and regulations for the operation, maintenance, location, and deployment of public pay telephones within this state.'"

Amend HB 521 by adding on line 4 of page 3 between the word "service" and the word "or" the following:
", including public pay telephones,".

Representative Campbell of the 42nd moved that the House agree to the Senate amendments to HB 521.

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 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 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
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
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
Stallings Y Stancil Y Stanley Y Stanley-Turner

3536
Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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 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
Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Knox Y Lane
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
McKinney Y Millar Y Mills E 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
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

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 motion, the ayes were 161, nays 0. The motion prevailed.

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.

The following Senate 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.

WEDNESDAY, MARCH 21, 2001

3537

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 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.

Representative Jackson of the 148th moved that the House disagree to the Senate substitute to HB 609.

3538

JOURNAL OF THE HOUSE

Representative Mueller of the 152nd moved that the House agree to the Senate substitute to HB 609.

On the motion, 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 N Boggs Y Bohannon N Bordeaux Y Borders Y Bridges N Brooks Y Broome Y Brown
Buck Buckner Y Bulloch E 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 Connell Cooper

Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Deloach, G Y Dix Y Dodson Y Drenner N Dukes Y Ehrhart N Epps Y Everett Y 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 N Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Hudson, S N Hugley Y Irvin Y Jackson, B N 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
Maddox Mangham E Mann Y Manning Y Martin Y Massey Y McBee McCall N McClinton Y McKinney Millar Y Mills E Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y Parham
Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell
Ragas Y Randall Y Ray N Reece N 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 Y Shaw Y Sholar N Sims Y Sinkfield
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 N Stanley N Stanley-Turner
Stephens Y Stokes N Stuckey Y Taylor Y Teague N 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
Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 132, nays 18. The motion prevailed.

WEDNESDAY, MARCH 21, 2001

3539

Representative Mangham of the 75th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:

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.

Representative Parham of the 122nd moved that the House insist on its position in substituting SB 1.
The motion prevailed.

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Martin of the 47th moved that the House insist on its position in substituting SB 205.
The motion prevailed.

3540

JOURNAL OF THE HOUSE

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 58

The Committee of Conference on SB 58 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 58 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Carol Jackson Senator, 50th District

/s/ Amos Amerson Representative, 7th District

/s/ Tim Golden Senator, 8th District

/s/ Roger Hines Representative, 38th District

/s/ Faye Smith Senator, 25th District

/s/ Ronald L. Forster Representative, 3rd District

WEDNESDAY, MARCH 21, 2001

3541

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 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

3542

JOURNAL OF THE HOUSE

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.
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.

WEDNESDAY, MARCH 21, 2001

3543

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, 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.

3544

JOURNAL OF THE HOUSE

(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. (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.

WEDNESDAY, MARCH 21, 2001

3545

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; (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;

3546

JOURNAL OF THE HOUSE

(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 (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 $5,000.00. 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.

WEDNESDAY, MARCH 21, 2001

3547

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; (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

3548

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3549

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.
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

3550

JOURNAL OF THE HOUSE

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.
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.

Representative Amerson of the 7th moved that the House adopt the report of the Committee of Conference on SB 58.
On the motion, the ayes were 120, nays 0.

WEDNESDAY, MARCH 21, 2001

3551

The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
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.
The following Senate substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to leases of public school property, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-600 to read as follows:
"20-2-600. The various counties, cities, municipalities, county boards of education, city boards of education, and governing bodies of independent school districts or systems of this state shall have authority to lease any schoolhouse or other school property that it has determined is no longer needed for school purposes to any person, group of persons, or corporation, provided that the lease shall be for a period not longer than 15 50 years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3552

JOURNAL OF THE HOUSE

Representative Holmes of the 53rd moved that the House agree to the Senate substitute to HB 651.

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
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner N Bulloch E 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 N Davis N 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
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 N 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 N Mills E 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
Rogers Y Royal Y Sailor Y Sanders Y 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 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
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 motion, the ayes were 158, nays 7. The motion prevailed.

Representative Walker of the 141st assumed the chair.

WEDNESDAY, MARCH 21, 2001

3553

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.
The following Senate amendment was read:
Amend HR 174 by adding on line 1 of page 1 between the semicolon and the word "and" the following:
"creating the Joint Study Committee on Providing Drivers Licenses to Aliens;".
By striking the period at the end of line 35 on page 2 and inserting the following:
"; and".
By adding following line 35 on page 2 the following:
"BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Providing Drivers Licenses to Aliens. The President of the Senate shall appoint three members of the Senate, one of whom shall serve as cochairperson of the committee. The Speaker of the House of Representatives shall appoint three members of the House, one of whom shall serve as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues, needs, and problems regarding providing drivers licenses to aliens and recommend any legislation which the committee deems necessary or appropriate. The committee may conduct meetings at such places and times as it may deem necessary. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriate to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2002. The committee shall stand abolished on December 1, 2001."
The following amendment was read and adopted:

3554

JOURNAL OF THE HOUSE

Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th move to amend the Senate amendment to HR 174 by inserting on line 4 of page 1, between the semicolon and the quotation marks, the following:
"creating the Joint Study Committee on Limited Access for State Route 316/University Parkway;"
By striking lines 5 and 6 of page 1 and inserting in lieu thereof the following: "By striking line 3 of page 2 and inserting in lieu thereof the following:
Fund; and
WHEREAS, significant economic growth has occurred and is continuing to occur along our state highway system, particularly along the University Parkway portion of State Route 316 that runs through portions of Barrow, Gwinnett, and Oconee counties; and
WHEREAS, the current traffic conditions along the University Parkway portion of State Route 316 need to be studied to determine whether it warrants status as a limited-access roadway.'"
By striking the quotation marks at the end of line 24 and by inserting following line 24 the following:
"BE IT FURTHER RESOLVED that there is created the Joint Study Committee on Limited Access for State Route 316/University Parkway to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker of the House and the President of the Senate shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Georgia Department of Transportation will provide staff, information, and assistance to the committee throughout its study. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The

WEDNESDAY, MARCH 21, 2001

3555

funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2001. The committee shall stand abolished on December 31, 2001."

Representative Shanahan of the 10th moved that the House agree to the Senate amendment, as amended by the House, to HR 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
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 E 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
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
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
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 E 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
Rogers Y Royal Y Sailor Y Sanders Y 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 Y Smith, L
Smith, P Y Smith, T Y 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 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
Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 157, nays 3.

3556

JOURNAL OF THE HOUSE

The motion prevailed.
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 Senate substitute was read:
A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to 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 provide for an exception; 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:

WEDNESDAY, MARCH 21, 2001

3557

"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. (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 reasonable 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

3558

JOURNAL OF THE HOUSE

(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; provided, however, that the board may grant exceptions to the required size of the panel where it is demonstrated that more than four physicians or groups of physicians are not reasonably accessible. 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."

WEDNESDAY, MARCH 21, 2001

3559

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 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 and interest 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

3560

JOURNAL OF THE HOUSE

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 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:

WEDNESDAY, MARCH 21, 2001

3561

Representative Coan of the 82nd and Ehrhart of the 36th move to amend the Senate substitute to HB 497 by striking line 4 on page 1 and inserting in lieu thereof the following:
"conditions to"
By deleting Section 3 entirely
renumber accordingly.

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

N Allen Y Amerson
Anderson N Ashe Y Bannister
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 E 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 Y Day N Dean
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
Graves N Greene N Hammontree N Hanner Y Harbin N Harrell N Heard N 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
Jamieson Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Lord 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 E Mobley Y Morris N Mosley

Y Mueller N Orrock N Parham N Parrish Y Parsons N Pelote Y 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 Y 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
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
West Y Westmoreland Y Wiles N Wilkinson Y Willard Y Williams N Wix
Yates Murphy, Speaker

3562

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 64, nays 94. The amendment was lost.

Representative Byrd of the 170th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smith of the 12th moved that the House agree to the Senate substitute to HB 497.

On the motion, 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 Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch E Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell
Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell N Cooper

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

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

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

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
Stephens 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 N Wiles Y Wilkinson N Willard N Williams Y Wix N Yates Murphy, Speaker

WEDNESDAY, MARCH 21, 2001

3563

On the motion, the ayes were 114, nays 51.
The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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.
Representative Parham of the 122nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 385 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 122nd, Skipper of the 137th and Smith of the 175th.
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

3564

JOURNAL OF THE HOUSE
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.

Representative Smith of the 175th moved that the House insist on its position in disagreeing to the Senate substitute to HB 656 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 175th, Jamieson of the 22nd and Porter of the 143rd.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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.

The following Senate amendment was read:

Amend HB 375 by adding on page 3 after line 35 the following:
The authority shall each year submit to the Dept. of Natural Resources and the members of the DNR Board a complete financial disclosure.

Representative Shaw of the 176th moved that the House agree to the Senate amendment to HB 375.

WEDNESDAY, MARCH 21, 2001

3565

On the motion, 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 E Bunn Y Burkhalter N Burmeister Y Byrd N 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
Floyd N Forster N 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 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 E 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 N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y 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 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 motion, the ayes were 155, nays 7. The motion prevailed.

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

3566

JOURNAL OF THE HOUSE
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 members of the armed forces of the United States; and for other purposes.

The following Senate substitute was read:

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 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 for a special license plate promoting trout conservation and recognizing Trout Unlimited; to provide for purposes, design, applications, fees, issuance, revenues, renewals, and transfers; to change certain provisions relating to space for county name decal; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of 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 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

WEDNESDAY, MARCH 21, 2001

3567

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 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.

3568

JOURNAL OF THE HOUSE

(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. Said chapter is further amended by adding a new Code Section 40-2-86.6 to read as follows:
"40-2-86.6. (a) In order to promote and financially provide for conservation, restoration, and enhancement of trout populations and the habitats upon which they depend by the Wildlife Resources Division of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2002, special license plates recognizing Trout Unlimited of Georgia. (b) The commissioner shall design a special distinctive license plate appropriate for the purposes provided by this Code section. Such special license plate shall be of the same size as general issue motor vehicle license plates and shall include a unique design and an identifying number of not more than six digits. No two recipients shall receive identically numbered plates. Such design shall not include a space for a county name decal but shall instead bear the legend 'Trout Unlimited' in lieu of the name of the county of issuance. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after January 1, 2002, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a special license plate under this Code section in lieu of a general issue license plate. Any application for such special license plate shall be submitted during the owners registration period, and such special

WEDNESDAY, MARCH 21, 2001

3569

license plate shall be issued within 30 days of such application. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for such special license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of such special license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the general fund of the state treasury. As soon as practicable after the end of each fiscal year, the commissioner shall report the net amount derived from the sale of such special license plates, not including actual manufacturing costs, to the Office of Planning and Budget and the Department of Natural Resources. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such net proceeds derived from the sale of such license plates in any fiscal year shall be made available during the following fiscal year to supplement trout restoration and management programs of the Wildlife Resources Division of the Department of Natural Resources. Such programs may include trout hatchery operations, stocking or restocking of trout in waters of the state, rehabilitation of trout habitat areas on state managed wildlife lands, education programs, technical assistance to private landowners in the rehabilitation and maintenance of trout habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources shall monitor the response of the trout populations to any such habitat conservation activities to determine their effectiveness. (f) Special license plates issued under this Code section shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (g) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game, Fish and Parks detailing the revenues derived from the sale of special license plates issued under this Code section and the receipt and expenditure of any funds appropriated for the purposes provided by this Code section. Such report shall be made not later than the second Monday of January of each year."
SECTION 3. Said chapter is further amended by striking Code Section 40-2-81, relating to space for county name decal, and inserting in lieu thereof the following:
"40-2-81 40-2-9. (a) Except as provided in subsection (b) of this Code section, any Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section 40-2-61, Code Section 40-2-62, and Code Section 40-2-82 or as otherwise expressly provided in this chapter, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates. (b) The requirements of subsection (a) of this Code section shall apply to the following on or after January 1, 1990:
(1) License plates provided for in Code Section 40-2-38;

3570

JOURNAL OF THE HOUSE

(2) License plates provided for in Code Sections 40-2-63 through 40-2-77; or (3) License plates issued to school buses, ambulances, or forest products haulers."
SECTION 4. Said chapter is further amended by reserving the designation of Code Section 40-2-81.
SECTION 5. This Act shall become effective January 1, 2002.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 183.

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes N 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 E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
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 Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes

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 Lucas Y Lunsford Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar

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 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

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 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 Coleman, T Y Collins
Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Y Houston Howard
Y Hudgens Y Hudson, N

Y Mills E Mobley Y Morris
Mosley

Sims Y Sinkfield Y Skipper Y Smith, B

3571
Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 154, nays 1. The motion prevailed.

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 Senate amendment was read:

Amend HB 725 by striking "and obligation" from line 10 of page 3.

Representative Dukes of the 161st moved that the House agree to the Senate amendment to HB 725.

On the motion, 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
Birdsong

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

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

Y Mueller Y Orrock Y Parham
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

3572
Y Black Y Boggs
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B
Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

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

Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane Y 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
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed N Reese Y Reichert
Rice Y Richardson N 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 N 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 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 motion, the ayes were 138, nays 19. The motion prevailed.

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:
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 Senate amendment was read:

Amend HB 399 by striking the word "The" where it first appears on line 19 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 21, 2001

3573

"Unless otherwise provided by local law, the".
By adding immediately before the period at the end of line 16 of page 2 the following:
"or by local law to withdraw the authority otherwise granted to a county governing authority under this Code section".

Representative Royal of the 164th moved that the House agree to the Senate amendment to HB 399.

On the motion, 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 Y Buckner Y Bulloch E Bunn N 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 N 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 Y Golick Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines
Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y Hudson, S Y Hugley
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 Y Knox Y Lane Y 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
McKinney N Millar Y Mills E 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
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 Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams Y Wix Y Yates Murphy, Speaker

3574

JOURNAL OF THE HOUSE

On the motion, the ayes were 151, nays 12. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

The following amendment was read:

Representative Millar of the 59th moves to amend SB 99 as follows:
Page 2 starting on line 4 delete "the location" and on line 5 "where the content of the keg will be consumed".

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
Birdsong N Black N Boggs Y Bohannon N Bordeaux N Borders N Bridges N Brooks

N Cox N Crawford N Cummings Y Davis N Day
Dean Y Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd

N Hudson, S N Hugley N 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 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 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 N Stephens N Stokes

N Broome Y Brown N Buck N Buckner N Bulloch E Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers E Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Y Forster Y Franklin N Golick N Graves N Greene
Hammontree N Hanner N Harbin
Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Hudgens N Hudson, N

Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham E Mann Y Manning N Martin N Massey N McBee N McCall N McClinton
McKinney Y Millar N Mills E Mobley N Morris N Mosley

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
Sims Sinkfield Skipper Y Smith, B

3575
N Stuckey N Taylor N Teague Y Teper N Tillman
Turnquest N Twiggs N Unterman
Walker, L N Walker, R.L N Watson
West Y Westmoreland Y Wiles N Wilkinson Y Willard N Williams N Wix Y Yates N Murphy, Speaker

On the adoption of the amendment, the ayes were 43, nays 119. 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
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner

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 Y Golick Y Graves

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 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 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

3576
Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd Y 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 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 Lunsford Y Maddox Y Mangham E Mann Y Manning
Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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 Y Sims Y Sinkfield Y Skipper Y Smith, B

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 Y Murphy, Speaker

On the passage of the Bill, the ayes were 165, nays 5. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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 following Senate amendment was read:

Amend HB 33 by striking line 3 on page 1 and inserting in its place the following:
"certain members to have certain qualifications; to provide for existing members;" "McIntosh, Glynn, or Camden;. One member of the board shall be engaged within this state in the";
By striking on line 17 of page 1 the words "at-large" and by inserting after the word "member" the words "of the board";

WEDNESDAY, MARCH 21, 2001

3577

By inserting on line 19 on page 1 after the words and symbol "Code Section 2-8-51;" the following:
"one member of the board shall be a licensed physician with specialized training and experience in the health effects of environmental pollution;"
By striking on line 12 on page 2 the year "2001" and inserting in lieu thereof the year "2002".
The following amendment was read and adopted:
Representative Coleman of the 142nd moves to amend the Senate amendment to HB 33 by striking the entirety of such amendment and inserting in lieu thereof the following:
"Amend HB 33 by striking lines 1 through 25 of page 1 and lines 1 through 14 of page 2 and inserting in lieu thereof the following:
'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 provide that certain members of such board shall have certain qualifications; 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 effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-21 of the Official Code of Georgia Annotated, relating to the composition of the Board of Natural Resources, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
'12-2-21. The Board of Natural Resources shall consist of one member from each congressional district in this state; one additional member from one of the following named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; one member who is a person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity; and four three members from the state at large. The members shall be appointed by the Governor and confirmed by the Senate. In appointing the members from the congressional districts, the Governor shall consider appointing one person who is a licensed physician with experience in the health effects

3578

JOURNAL OF THE HOUSE

of environmental pollution and one person who is a forest landowner or a registered forester. Except as otherwise specifically provided in this Code section, members Members shall be appointed for a term of seven years from the expiration of the previous term. The four members serving on July 1, 2002, from the state at large shall be appointed initially for terms of one, three, five, and seven years, respectively, to be designated by the Governor serve out the remainder of their terms; all succeeding appointments of at-large members shall be for a term of seven years. In as far as it is practical, the members of the Board of Natural Resources shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. Any member so appointed shall serve until the expiration of the vacated term. No more than two members shall come from the same congressional district.'
SECTION 2. 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, 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 Four 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 3. Section 1 of this Act shall become effective on July 1, 2002. The remaining sections of this Act shall become effective on approval of this Act by the Governor or its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.'"

Representative Coleman of the 142nd moved that the House agree to the Senate amendment, as amended by the House, to HB 33.

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

Y Allen N Amerson

Y Cox Y Crawford

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

WEDNESDAY, MARCH 21, 2001

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

Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins N Jennings Y Johnson Y Jordan
Joyce N Kaye Y Keen N Knox Y Lane N Lanier Y Lewis
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 E Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall
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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

3579
Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague
Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates Y Murphy, Speaker

On the motion, the ayes were 130, nays 23. The motion prevailed.

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

3580

JOURNAL OF THE HOUSE
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 Senate substitute was read:

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 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chief deputy tax commissioners, chief magistrates, magistrates, clerks of superior or state courts serving as clerks of magistrate courts, magistrates or chief magistrates serving as clerks of the magistrate court, registrars, and deputy registrars; 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 for compensation supplements for members of county governing authorities with respect to completion of certain training; to provide for periodic cost-of-living or general performance based increases for members of county governing authorities; 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 provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by 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:

WEDNESDAY, MARCH 21, 2001

3581

Population 0 -- 5,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6,000 -- 11,889. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11,890 -- 19,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000 -- 28,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29,000 -- 38,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39,000 -- 49,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000 -- 74,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75,000 -- 99,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000 -- 149,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 -- 199,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200,000 -- 249,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000 -- 299,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,000 -- 399,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400,000 -- 499,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500,000 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minimum Salary
$21,780.00 26,433.73 29,910.00 36,300.86 33,882.00 41,121.55 36,301.00 44,057.42 38,720.00 46,993.29 41,142.00 49,932.80 43,563.00 52,871.09 44,772.00 54,338.42 45,982.00 55,806.96 47,192.00 57,275.49 48,402.00 58,744.04 66,936.00 81,238.19 73,890.00 89,678.05 76,890.00 93,319.06 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

3582

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3583

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. 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

3584

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3585

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 2002, 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 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 following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (c) On and after January 1, 2000 2002, 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

3586

JOURNAL OF THE HOUSE

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,

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

WEDNESDAY, MARCH 21, 2001

3587

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 2002, 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

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.

3588

JOURNAL OF THE HOUSE

(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 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

WEDNESDAY, MARCH 21, 2001

3589

0 -- 5,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,783.0024,893.57

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. (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

3590

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3591

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 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

3592

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3593

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

11,890 -- 74,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00

75,000 -- 249,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00

250,000 -- 499,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00

500,000 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00"

3594

JOURNAL OF THE HOUSE

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. (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

WEDNESDAY, MARCH 21, 2001

3595

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

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

3596

JOURNAL OF THE HOUSE

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 up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57,127.00 69,333.30 59,005.00 71,612.57 61,105.00 74,161.29 63,205.00 76,710.00 69,182.00 83,964.09 77,259.00 93,766.90 80,259.00 97,407.90 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 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.

WEDNESDAY, MARCH 21, 2001

3597

(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 striking subsection (d) of Code Section 21-2-212, relating to county registrars, and

3598

JOURNAL OF THE HOUSE

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 the operation of the office of the board of registrars, and payable from county funds, a

WEDNESDAY, MARCH 21, 2001

3599

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 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by adding two new Code sections, to be designated Code Sections 36-5-27 and 36-5-28, to read as follows: "36-5-27. In addition to any other compensation to which a member of a county governing authority is entitled under general or local law, any such official who has been awarded a certificate from the University of Georgia, evidencing his or her successful completion of the voluntary course of training administered by the Carl Vinson Institute of Government resulting in designation as a certified county commissioner shall be entitled to a compensation supplement of $100.00 per month. With regard to members of the governing authority of a consolidated government, designation either as a certified county commissioner or a certified municipal official by the Carl Vinson Institute of Government shall be acceptable.
36-5-28. On and after January 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 compensation to which a member of a governing authority is entitled under general or local law 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 to which a member of a county governing authority is entitled under general or local law 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 to which a member of a county governing authority is entitled under general or local law shall become effective on the first day of January following

3600

JOURNAL OF THE HOUSE

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-ofliving increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective."

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."

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

WEDNESDAY, MARCH 21, 2001

3601

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 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 212-213, 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

3602

JOURNAL OF THE HOUSE

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 48-5137, 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 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."

WEDNESDAY, MARCH 21, 2001

3603

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); by adding "and" at the end of division (v); and by inserting a new division immediately following division (v), to be designated division (vi), to read as follows:
"(vi) Code Section 15-10-23;".
SECTION 23. (a) Section 22, this section, and Section 24 of this Act shall become effective on July 1, 2001. (b) Sections 1 through 21 of this Act shall become effective on January 1, 2002.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend the Senate substitute to HB 302 by inserting between "elections;" and "to" on line 2 of page 1 the following:

3604

JOURNAL OF THE HOUSE

"to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners;".
By striking ", and deputy registrars;" and inserting in its place "and deputy registrars, and coroners of certain counties;" on line 8 of page 1.
By inserting between lines 9 and 10 of page 21 the following:
"SECTION 18A. 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 any of the counties in this state in the following population brackets 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200.00

11,890 -- 19,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,400.00

20,000 -- 34,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,600.00

(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

WEDNESDAY, MARCH 21, 2001

3605

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 under this Code section shall be in addition to any fees paid by the county governing authority to the coroner on a per-call basis and in addition to any expenses. (d) 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. (e) 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

3606

JOURNAL OF THE HOUSE

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 of the counties in this state in the following population bracket 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 -- 34,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00'"

By striking lines 18 through 23 of page 24 and inserting in their place the following:
"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;'."

Representative Coleman of the 142nd moved that the House agree to the Senate substitute, as amended by the House, to HB 302.

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
Birdsong Y Black Y Boggs

Y Cox Y 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 Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan

Y Mueller Y Orrock
Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell

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

WEDNESDAY, MARCH 21, 2001

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 Y Heckstall Y Hembree Y Henson Y Hines
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 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 E Mobley Y Morris Y Mosley

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

3607
Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague
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 Y Murphy, Speaker

On the motion, the ayes were 154, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

3608

JOURNAL OF THE HOUSE

Representative Powell of the 23rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 538 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Hudson of the 156th and Wiles of the 34th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Gingrey of the 37th, Hill of the 4th, and Bowen of the 13th.
The Senate insists on its amendment to the following bill of the House:

WEDNESDAY, MARCH 21, 2001

3609

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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Stokes of the 43rd, and Tanksley of the 32nd.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bills of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Walker of the 22nd, Kemp of the 3rd, and Scott of the 36th.

3610

JOURNAL OF THE HOUSE

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Marable of the 52nd, and Scott of the 36th.
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Hill of the 4th, and Bowen of the 13th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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

WEDNESDAY, MARCH 21, 2001

3611

definition; to provide for payment of claims for certain additional losses; and for other purposes.

Representative Floyd of the 138th moved that the House insist on its position in disagreeing to the Senate amendment to HB 538 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 Floyd of the 138th, Purcell of the 147th and Ray of the 128th.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 93.

By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the House substitute to SB 93 by adding on line 5 of page 1 between the first semicolon and the word "to" the following:
"to provide for the combination of connected electrical load at premises located on contiguous property under common ownership for the purpose of contracting for electric service;".

3612

JOURNAL OF THE HOUSE

By renumbering Section 2 on page 6 as Section 3 and by adding below line 34 on page 5 the following:
"SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 46-3-8, relating to exceptions, grandfather rights, and other rights with respect to allocation of territorial rights to electric suppliers, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Notwithstanding any other provision of this part, but subject to subsections (b) and (c) of this Code section, after March 29, 1973, service to one or more new premises (but if more than one, such premises must be located on the same tract or on contiguous tracts of land), if utilized by one consumer and having single-metered service and a connected load which, at the time of initial full operation of the premises, is 900 kilowatts or greater (excluding redundant equipment), may be extended and furnished, if chosen by the consumer:
(1) By the primary supplier within a municipality if the premises are located anywhere within the limits of such municipality as they existed on March 29, 1973; (2) By a secondary supplier within the limits of a municipality as they existed on March 29, 1973, if the premises are located at least partially within 300 feet of the lines of such secondary supplier; (3) By any electric supplier if the premises are located within the initial corporate limits of a wholly new municipality; (4) By any electric supplier owning lines in a municipality if the premises are located in a geographic area annexed in any manner to such municipality after March 29, 1973; and (5) By any electric supplier if the premises are located outside the limits of a municipality. For the purposes of this subsection, the connected electrical load of multiple premises located upon contiguous property under common ownership may be combined by the property owner for the purposes of contracting for electric service and selecting an electric supplier, regardless of submetering by the property owner to other occupants of the property, provided that such owner shall be responsible for such electric service as a single-metered consumer of the selected electric supplier.'"

Representative Wix of the 33rd moved that the House disagree to the Senate amendment to the House substitute to SB 93.

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

Allen Y Amerson N Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, S Y Hugley Y Irvin

Y Mueller Y Orrock
Parham

Y Smith, C Y Smith, C.W Y Smith, L

N Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs
Bohannon Y Bordeaux Y Borders Y Bridges N Brooks
Broome Y Brown Y Buck Y Buckner Y Bulloch E 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
Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Davis N Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Floyd 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 Y Holmes Y Houston Howard Y Hudgens Y Hudson, N

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

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

3613
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
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 Walker, L Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix Yates Murphy, Speaker

On the motion, the ayes were 126, nays 16. The motion prevailed.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 641. By Representatives Powell of the 23rd, Wix of the 33rd, Hudgens of the 24th and Houston of the 166th:

3614

JOURNAL OF THE HOUSE
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 Senate substitute was read:

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 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 change the requirements for licensure and establish such requirements for mental health therapists and associate mental health therapists; to change the provisions regarding the use of certain titles by various business entities; to change the provisions regarding legislative construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 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:

WEDNESDAY, MARCH 21, 2001

3615

"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 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

3616

JOURNAL OF THE HOUSE

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 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 ,

WEDNESDAY, MARCH 21, 2001

3617

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 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. (f.1) The high school diploma, general educational development (GED) diploma, and postsecondary education or college degree requirements of this Code section shall not apply to an applicant for a certificate of registration as a cosmetologist, esthetician, or nail technician when that applicant is an alien legally in this country at the time of application. (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

3618

JOURNAL OF THE HOUSE

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. (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.

WEDNESDAY, MARCH 21, 2001

3619

(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 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.

3620

JOURNAL OF THE HOUSE

(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."
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

WEDNESDAY, MARCH 21, 2001

3621

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 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. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by striking Code Section 43-10A-1, relating to the short title, and inserting in its place the following:
"43-10A-1. This chapter shall be known and may be cited as the 'Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists Licensing Law.'"
SECTION 5. Said chapter is further amended by striking Code Section 43-10A-2, relating to legislative purpose, and inserting in its place the following:
"43-10A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to or who practice mental health therapy, professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state."
SECTION 6. Said chapter is further amended by striking Code Section 43-10A-3, relating to definitions, and inserting in its place the following:
"43-10A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or

3622

JOURNAL OF THE HOUSE

in any building or structure, or in any newspaper, magazine, or directory, or on radio or television. (2) 'Allied profession' means the practice of medicine, psychiatric nursing, psychology, or pastoral counseling. (3) 'Board' means the Georgia Composite Board of Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists established by this chapter. (3.1) 'Commission on Rehabilitation Counselor Certification' means the national certifying agency for rehabilitation counselors as recognized by the National Commission for Certifying Agencies. (4) 'Counseling' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns. (5) 'Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioners work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working. (6) 'Division director' means the director of the professional licensing boards division. The division director shall serve as secretary to the board. (7) 'Fee' means money or anything of value, including but not limited to a salary, offered or received as compensation in return for rendering services in any specialty. (8) 'Marriage and family therapy' means that specialty which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, and the use of psychotherapy and counseling. (8.1) 'Mental health therapist' means a person licensed to practice mental health therapy under this chapter. (8.2) 'Mental health therapy' means the performance of that specialty which evaluates and treats persons with behavioral, affective, cognitive, and interpersonal problems or conditions, or seeks to prevent such problems or conditions, or seeks to enhance behavior and mental health. The means by which these are accomplished include, but are not limited to, applying empirically derived and validated psychological principles and procedures, using assessment instruments under the supervision of a licensed psychologist, which the mental health therapist is qualified to employ by virtue of education and training, conducting interviews, utilizing individual or group

WEDNESDAY, MARCH 21, 2001

3623

techniques while engaging in psychotherapy, and utilization and interpretation of psychological research. (9) 'Practice a specialty' or 'practice' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of professional counseling, social work, mental health therapy, or marriage and family therapy. (10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy to evaluate and treat emotional and mental problems and conditions, whether cognitive, behavioral, or affective; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information and community resources for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; and utilizes and interprets counseling research. (11) 'Psychotherapeutic techniques' means those specific techniques involving the indepth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title. (12) 'Recognized educational institution' means any educational institution which grants a bachelors, masters, specialist, or doctoral degree and which is recognized by an accrediting body acceptable to the board. (13) 'Social work' means that specialty which helps individuals, marriages, families, couples, groups, or communities to enhance or restore their capacity for functioning: by assisting in the obtaining or improving of tangible social and health services; by providing psychosocial evaluations, in-depth analyses and determinations of the nature and status of emotional, cognitive, mental, behavioral, and interpersonal problems or conditions; and by counseling and psychotherapeutic techniques, casework, social work advocacy, psychotherapy, and treatment in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice. (14) 'Specialty' means social work, marriage and family therapy, mental health therapy, or professional counseling, or any combination thereof. (15) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioners interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioners clinical skills.

3624

JOURNAL OF THE HOUSE

(16) 'Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this chapter or is a psychiatrist or a psychologist. (17) 'The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Department of Education. (18) 'The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and the Council on Postsecondary Accreditation."
SECTION 7. Said chapter is further amended by striking Code Section 43-10A-4, creating the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and inserting in its place the following:
"43-10A-4. (a) There is created the Georgia Composite Board of Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists. The board shall consist of ten 13 members who have been residents of this state for at least 12 months prior to taking office. The ten 13 members shall be constituted as follows:
(1) Three members licensed in professional counseling, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1988, and one of whom shall be designated to serve an initial term ending December 31, 1987; (2) Three members licensed as social workers, one of whom shall be designated at the time of appointment to serve an initial term ending December 31, 1988, the other two of whom shall be designated to serve an initial term ending December 31, 1987; (3) Three members licensed as marriage and family therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and one of whom shall be designated to serve an initial term ending December 31, 1988; and (3.1) Three members licensed as mental health therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31 of the calendar year immediately following the calendar year in which this paragraph becomes effective, and one of whom shall be designated to serve an initial term ending December 31 of the second calendar year following the calendar year in which this paragraph becomes effective. (4) One member who shall represent the public at large and have no professional connection with any specialty to serve an initial term ending December 31, 1988. (b) All members of the board shall be appointed by the Governor, subject to confirmation by the Senate. Those members first appointed to the board under this chapter shall serve for initial terms of office beginning September 1, 1985, except that those first appointed as mental health therapists shall serve for initial terms of office beginning on the sixtieth day following the date this subsection becomes effective.

WEDNESDAY, MARCH 21, 2001

3625

Those members of the board required to be licensed and who are first appointed to the board shall be persons who are practicing in the designated specialty at the time of appointment and who must be licensed therein as required within 12 months following their appointment. (c) After the initial terms specified in subsection (a) of this Code section, members of the board shall take office on the first day of January immediately following the expired term of that office and shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms. (d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony. (e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified. (f) Any person appointed to the board when the Senate is not in regular session may serve on the board without Senate confirmation until the Senate acts upon that appointment."
SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 43-10A-6, relating to standards committees, and inserting in its place the following:
"(a) Those members of the board from the professional counseling specialty, the social work specialty, the mental health therapy specialty, and the marriage and family therapy specialty shall constitute a separate standards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for licensure in that committees specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 43-10A-7, prohibiting unlicensed practice of specialties, and inserting in its place the following:
"(a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, mental health therapy, or marriage and family therapy, nor advertise the performance of such practice, nor use the title 'professional counselor,' 'associate professional counselor,' 'social worker,' 'mental health therapist,' 'marriage and family therapist,' or 'associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, associate professional counselor, social worker, mental health therapist, marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter."

3626

JOURNAL OF THE HOUSE

SECTION 10. Said chapter is further amended by striking from said Code Section 43-10A-7 paragraphs (6), (16), and (17) of subsection (b) thereof and inserting in their place the following:
"(6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor, mental health therapist, or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure;" "(16) Any person engaged in the practice of professional counseling or mental health therapy as an employee or student peer counselor of the University System of Georgia or its educational units, the Department of Technical and Adult Education or its educational units, or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction; (17) Persons who engage in the practice of mental health therapy or professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; and".
SECTION 11. Said chapter is further amended by striking Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place the following:
"43-10A-8. No person shall be eligible for licensure under this chapter unless such person furnishes satisfactory evidence to the board of all of the following:
(1) Having met the education, training, and experience requirements of Code Section 43-10A-11, 43-10A-12, or 43-10A-13, or 43-10A-13.1 regarding that specialty for which a license is sought; (2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of subparagraph (a)(2)(A) of Code Section 43-10A-13 or subsection (b) of Code Section 43-10A-13.1 shall not be required to pass such examination; (3) Having paid any required license fee; and (4) Having furnished at least two personal references from supervisors, teachers, or any combination thereof."
SECTION 12. Said chapter is further amended by adding after Code Section 43-10A-13 a new Code

WEDNESDAY, MARCH 21, 2001

3627

section to read as follows: "43-10A-13.1. (a) The education, experience, and training requirements for licensure as a mental health therapist are as follows: (1) For licensure, a masters degree in psychology from a recognized educational institution which includes a supervised internship or practicum as part of the degree program, and four years of post-masters directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved supervised internship or practicum as part of the degree program; and (2) For associate licensure, a masters degree in psychology from a recognized educational institution which includes a supervised internship or practicum as part of the degree program and registration with the board of an acceptable contract for obtaining the post-masters experience under the direction and supervision required for licensure. (b) Within the 24 month period immediately following the date this Code section becomes effective, the board may grant a mental health therapist license to any person licensed under this chapter in professional counseling or marriage and family therapy without such persons passing any licensing examination provided that person: (1) Has earned a masters degree in psychology from a recognized educational institution; (2) Has earned a minimum of 600 hours per year over four years of directed experience with no more than one year earned in a practicum or internship; and (3) Has earned 30 hours of supervision per year over four years of directed experience with no more than 30 hours earned during a practicum or internship. (c) Persons having an associate license as a mental health therapist may only use the title 'associate mental health therapist' and may practice mental health therapy only under direction and supervision and only for a period not to exceed five years while obtaining the post-masters experience required for being licensed as a mental health therapist."
SECTION 13. Said chapter is further amended by striking subsection (a) of Code Section 43-10A-21, restricting use of terms in business names, and inserting in its place the following:
"(a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' 'mental health therapist,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (4), (5), (6), (11), (13), or (14) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter."

3628

JOURNAL OF THE HOUSE

SECTION 14. Said chapter is further amended by striking Code Section 43-10A-22, restricting scope of chapter, and inserting in its place the following:
"43-10A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing or to refer to themselves as psychologists."
SECTION 15. Sections 4 through 14 of this Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining provisions of this Act shall become effective July 1, 2001.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House disagree to the Senate substitute to HB 641.

Representative Allen of the 117th moved that the House agree to the Senate substitute to HB 641.

The Speaker ruled the Senate substitute not germane, therefore the House has disagreed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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

WEDNESDAY, MARCH 21, 2001

3629

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.

Representative Byrd of the 170th moved that the House insist on its position in disagreeing to the Senate amendment to HB 367 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 Byrd of the 170th, Smyre of the 136th and Holland of the 157th.

The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of Committees of Conference thereon:

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Martin of the 47th moved that the House adhere to its position in insisting on its substitute to SB 205 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 47th, Smith of the 175th and Turnquest of the 73rd.

3630 SB 1.

JOURNAL OF THE HOUSE
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.

Representative Parham of the 122nd moved that the House adhere to its position in substituting SB 1 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 122nd, Massey of the 86th and Parrish of the 144th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Randall of the 127th moved that the House insist on its position in disagreeing to the Senate substitute to HB 263 and that a Committee of Conference be

WEDNESDAY, MARCH 21, 2001

3631

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 Randall of the 127th, Jackson of the 148th and Byrd of the 170th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 Senate substitute was read:

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 provide for applicability and exceptions; 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:

3632

JOURNAL OF THE HOUSE

"(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:
(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."
SECTION 2. Said Code Section is further amended by striking paragraph (3) thereof and inserting in its place the following:
"(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to said insured by the same insurer. The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to the effective date of this paragraph. The amount of coverage need not be increased from the amounts shown on the declarations page on renewal once coverage is issued."
SECTION 3. This Act shall only apply to policies issued or renewed on or after January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

WEDNESDAY, MARCH 21, 2001

3633

Representatives Powell of the 23rd and Lord of the 121st move to amend the Senate substitute to HB 187 by inserting "regulate motor vehicle insurance coverage and proof thereof; to" before "amend" on line 1 of page 1.
By inserting "to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required, so as to change the dates until which a valid insurance card shall be sufficient proof of insurance;" after "exceptions;" on line 5 of page 1.
By inserting between Section 2 and Section 3 the following:
"SECTION 2A. Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required, is amended by striking paragraph (5) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5)(A) For purposes of this Code section up to and including August December 31, 2001, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after September January 1, 2001 2002, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle policy as defined in Code Section 40-571. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that on and after September January 1, 2001 2002, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section.'".
By striking "This" on line 20 of page 2 and inserting "Sections 1 and 2 of this" in lieu thereof.
Representative Powell of the 23rd moved that the House agree to the Senate substitute, as amended by the House, to HB 187.
On the motion, the ayes were 108, nays 0.
The motion prevailed.

3634

JOURNAL OF THE HOUSE

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.
The following Senate substitute was read:
A BILL
To amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to authorize the inclusion of members of such boards in certain health insurance plans; to provide for employer and employee contributions; to amend Chapter 18 of Title 45 of Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to allow county board members to participate in such plans; to provide for certain definitions; 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 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or by contract with the Georgia School Boards Association, Inc., under in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer

WEDNESDAY, MARCH 21, 2001

3635

contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents."
SECTION 2. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, is amended by striking subsection (c.1) of Code Section 4518-5 in its entirety and inserting in lieu thereof a new subsection (c.1) to read as follows;
"(c.1)(1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under this article. The board is authorized to contract with the Georgia School Boards Association, Inc., on behalf of the various local boards of education of this state for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the Georgia School Boards Association, Inc., to collect from the various local boards of education of this state with which it has contracted under this subsection such payment as may be required under any health insurance plan for inclusion in the health insurance fund and to remit the same to the board. In addition, it shall be the duty of the Georgia School Boards Association, Inc., to maintain and remit to the board accurate records of member, spouse, dependent, and other information required by the board to administer this Code section Code Section 20-2-918.
(2) The various local boards of education of this state are authorized to contract with the Georgia School Boards Association, Inc., for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the various local boards of education of the state as provided in this Code section. In the event that any such contracts are entered into, it It shall be the duty of any local boards of education so contracting electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the Georgia School Boards Association, Inc., for payment to the board health insurance fund created under Code Section 20-2-918."
SECTION 3. Said chapter is further amended by striking paragraph (3) of Code Section 45-18-50, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:

3636

JOURNAL OF THE HOUSE

"(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; a member of any local board of education; and public schoolteachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Henson of the 65th moved that the House agree to the Senate substitute to HB 724.
On the motion the ayes were 92, nays 1.
The motion prevailed.

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 Senate amendment was read:

Amend HB 734 by adding following "To amend" on line 1 of page 1 the following:
"Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to provide that certain defendants serving a sentence for certain felonies shall serve 85 percent of such sentence as imposed before becoming eligible for any form of parole, early release, or any other sentence-reducing measure; to amend".
By renumbering Sections 1 and 2 as Sections 2 and 3, respectively.

WEDNESDAY, MARCH 21, 2001

3637

By inserting between lines 6 and 7 of page 1 the following:
"SECTION 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, is amended by inserting a new Code section to be designated Code Section 17-10-6.2 to read as follows:
'17-10-6.2. (a) As used in this Code section, "felony offense" means a felony offense, except for a serious violent felony as defined in Code Section 17-10-6.1. (b) Any defendant serving a sentence, other than life imprisonment or life imprisonment without parole, imposed for the conviction of a felony shall not be eligible for parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court, until such defendant has served at least 85 percent of the sentence as imposed by the sentencing court.'"

Representative Skipper of the 137th moved that the House disagree to the Senate amendment to HB 734.
The motion prevailed.

The Speaker announced the House in recess until 7:40 o'clock this evening.

3638

JOURNAL OF THE HOUSE EVENING SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 759. By Representatives Rogers of the 20th, Coleman of the 142nd and Murphy of the 18th:
A RESOLUTION expressing regret at the passing of Ronnie Green; and for other purposes.

HR 760. By Representative Smith of the 91st:
A RESOLUTION commending Stanton Edward Porter; and for other purposes.

HR 761. By Representative Collins of the 29th:
A RESOLUTION commending Dr. Steven L. Kimmel; and for other purposes.

HR 762. By Representative Collins of the 29th: A RESOLUTION commending D. Steven Wilson; and for other purposes.

HR 763. By Representative Smith of the 91st: A RESOLUTION commending Reid Kemp; and for other purposes.

HR 764. By Representative Collins of the 29th:
A RESOLUTION commending William Douglas Stoner; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3639

HR 765. By Representative Smith of the 91st: A RESOLUTION commending Stephen Michael Floyd; and for other purposes.
HR 766. By Representative Smith of the 91st: A RESOLUTION commending Charles M. Dawe; and for other purposes.
HR 767. By Representative Collins of the 29th: A RESOLUTION commending Buddy Purvine; and for other purposes.
HR 768. By Representative Collins of the 29th: A RESOLUTION commending James Royal; and for other purposes.
HR 769. By Representative Collins of the 29th: A RESOLUTION commending Reverend Elijah Jones; and for other purposes.
HR 770. By Representative Dix of the 76th: A RESOLUTION commending Patrick (Pat) J. McDonald, Lt. Col., USAF (Ret.); and for other purposes.
HR 771. By Representative Collins of the 29th: A RESOLUTION commending David McGinnis; and for other purposes.
HR 772. By Representative Collins of the 29th: A RESOLUTION commending Bill Brown; and for other purposes.

3640

JOURNAL OF THE HOUSE

HR 773. By Representative Smith of the 91st:
A RESOLUTION commending the Oconee County High School FFA Environmental and Natural Resources Team; and for other purposes.

HR 774. By Representative Holland of the 157th:
A RESOLUTION to commemorate the life of Thomas Clay Wideman; and for other purposes.

HR 775. By Representative Holland of the 157th:
A RESOLUTION to commemorate the life and accomplishments of A. G. Sadler on the occasion of his induction into the Georgia Agricultural Hall of Fame; 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 Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch E 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
Dukes Y Ehrhart
Epps Y Everett
Floyd Y Forster
Franklin Y Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard

Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James
Jamieson Y Jenkins Y Jennings
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 Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Randall 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 Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Snow 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 Unterman Y Walker, L Walker, R.L

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

WEDNESDAY, MARCH 21, 2001

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

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

3641
Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 141, nays 0. The Resolutions were adopted.

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

Mr. Speaker:
The Senate insists on its amendment to the following bill of the House:
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 Senate has disagreed to the House substitute to the following bill of the Senate:
SB 291. By Senators Meyer von Bremen of the 12th, Jackson of the 50th, Smith of the 25th and Hecht of the 34th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change procedures and penalties in disciplinary hearings when a student has allegedly committed an act of physical violence against a teacher or other school official or employee; to provide a definition; to change the penalty; to provide for written complaints and disciplinary hearings by the local board of education; to provide for notice and other rights of the parties; to provide for

3642

JOURNAL OF THE HOUSE

record of the hearing; to provide for a decision of the local board; to provide for appeal; to provide for decision of the state board; to change other provisions to conform to this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hecht of the 34th, Price of the 56th, and Tanksley of the 32nd.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bills of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Ragan of the 11th, Bowen of the 13th, and Hill of the 4th.
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

WEDNESDAY, MARCH 21, 2001

3643

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Jackson of the 50th, Hamrick of the 30th, and Meyer von Bremen of the 12th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

Amend HB 140 by striking on line 26 of page 1 the words "over the age of 65".

Representative Rogers of the 20th moved that the House disagree to the Senate amendment to HB 140.
The motion prevailed.

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 21, 2001

Mr. Speaker and Members of the House:

3644

JOURNAL OF THE HOUSE

Your Committee on Rules has met and submits the following supplemental to the calendars already adopted this March 21, 2001, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 371 SR 215 SR 252

House Study Committee on Hepatitis C; create Dover, Carl, Memorial Bridge; designate in Gilmer County Obesity in Children; Joint Committee to Study Physical Activity (Recess) in Schools

DEBATE CALENDAR

SB 72 SB 75 SB 112 SB 114 SB 118 SB 230 SB 239

Insurers; rehabilitation and liquidation; liability of reinsurers; payments under contract Acupuncture Licensure; delete test requirements; authorize certified chiropractors to use acupuncture Business Corporations; dissolution; deposit of property and assets with Office of Treasury and Fiscal Services State Printing; repeal Georgia Government Documents Act Child Custody; enact the 'Uniform Child Custody Jurisdiction Enforcement Act' Public Geographic Information Systems; electronic records; contracts to market or sell services Local Government Ordinances and Resolutions; authentication of writings; codification; distribution and posting

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

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:

WEDNESDAY, MARCH 21, 2001

3645

A RESOLUTION creating the House Study Committee on Hepatitis C; and for other purposes.

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

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.

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

SR 252. By Senators Thomas of the 10th, Butler of the 55th, Walker of the 22nd, Gillis of the 20th, Stokes of the 43rd and others:
A resolution creating the Joint Study Committee on Physical Activity in Georgia Schools; 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 was made applicable to the previously read Resolutions.

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

Y 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 Y Dodson

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

Y Mueller Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell

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

3646
Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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
Cooper

JOURNAL OF THE HOUSE

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 N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

Y Jordan N 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 E Mobley Y Morris Y Mosley

Y Purcell Y Ragas
Randall Ray Y Reece Y Reed N 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 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 Y Walker, L
Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 152, nays 5. The Resolutions, having received the requisite constitutional majority, were adopted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate substitute was read:

WEDNESDAY, MARCH 21, 2001

3647

A BILL
To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State and associated agencies and operations, so as to provide for certain bodies to carry out duties relating to Georgia history; 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 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 create the Governors Commission on Georgia History and Historical Tourism and provide for its membership, powers, duties, and operations; 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 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State and associated agencies and operations, is amended by adding 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

3648

JOURNAL OF THE HOUSE

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 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. Said chapter is further amended by adding a new Article 3B to read as follows:
"ARTICLE 3B
45-13-58. (a) The General Assembly finds that:
(1) Code Section 20-2-142 requires that all public schools in Georgia provide a course of study in the history and government of Georgia and the United States and that no student shall receive a high school diploma without having successfully completed such course;

WEDNESDAY, MARCH 21, 2001

3649

(2) Pursuant to Code Section 20-2-140, the State Board of Education is responsible for establishing a uniform sequenced core curriculum for grades kindergarten through 12 as well as the competencies for each student to master; (3) Pursuant to its statutory powers, the State Board of Education in 1988 adopted a quality core curriculum, which included a year-long course of study of Georgia history, government, culture, and geography at the eighth grade level known as 'Georgia Studies'; (4) In 1997, the State Board of Education changed the title of the eighth grade social studies course to 'Georgia and the American Experience,' which then led some school systems to adopt an American history and government textbook instead of one devoted to the study of Georgia history and government; (5) While many different state agencies currently have responsibility for promoting some aspects of Georgia history, there are no current mechanisms for coordinating their efforts or working with cities, counties, historical societies, and other organizations; (6) While a knowledge of Georgia history is essential to understanding Georgias past, present, and future, many citizens of this state are uninformed about Georgias rich history; (7) Over the past three decades, Georgia has been one of the fastest growing states in the nation and has attracted new residents from other states and nations, many of whom are not knowledgeable about Georgias past; and (8) The recent experience of a number of states is that promotion of an areas historic sites, markers, monuments, museums, and other attractions can become an important tool of economic development by promoting employment, services, and tourism, which can be especially significant in rural areas without natural attractions. (b) There shall be a Governors Commission on Georgia History and Historical Tourism to consist of the following members: (1) The following or their designees shall serve as ex officio members:
(A) The Lieutenant Governor; (B) The Secretary of State; (C) The State School Superintendent; (D) The commissioner of industry, trade, and tourism; (E) The commissioner of community affairs; (F) The executive director of the OneGeorgia Authority; (G) The commissioner of natural resources; (H) The director of the State Parks and Historic Sites Division of the Department of Natural Resources; (I) The director of the Historic Preservation Division of the Department of Natural Resources; (J) The director of the Georgia Department of Archives and History; (K) The executive director of the Georgia Historical Society; (L) The executive director of the Atlanta History Center; (M) The executive director of the Georgia Trust for Historic Preservation;

3650

JOURNAL OF THE HOUSE

(N) The president of the Georgia Humanities Council; (O) The director of the Center for the Study of Georgia History at Augusta State University; (P) The director of the Georgia Capitol Museum; and (Q) The chairperson of the Georgia Civil War Commission; and (2) The following shall serve as appointed members: (A) Eight members appointed by the Governor; (B) Four members of the Georgia Senate appointed by the Lieutenant Governor; and (C) Four members of the Georgia House of Representatives appointed by the Speaker of the House. (c) The Governor shall designate from the ex officio or appointed members a chairperson, vice chairperson, and secretary. (d) Vacancies in the membership of the officers of the commission shall be filled in the same manner as the original appointments were made. (e) At the first meeting of the commission, ex officio and appointed members may elect not more than eight additional members from the state at large to ensure appropriate representation of geographic regions, ethnicity, historical organizations, educational institutions and scholars, and federal or local agencies involved in historical promotion and preservation. (f) Staff support for the commission shall be provided by the Carl Vinson Institute of Government at the University of Georgia. (g) An organizational meeting of the commission shall be convened at the state capitol within 45 days after adjournment sine die of the 2001 Session of the General Assembly, such meeting time to be set by the Governor and the chairperson of the commission. Afterwards, the commission shall hold at least one meeting during 2001 in each of the four geographic regions of the state. Each meeting shall be well publicized in advance, with members of the public, historical organizations, educational institutions, and other interested parties invited to testify as to how to better promote history and historical tourism in Georgia. (h) The commission shall be authorized and directed to study all aspects of historical education, promotion, preservation, and tourism in Georgia, with a special emphasis on: (1) Developing a comprehensive inventory of what is currently being done in Georgia, including the responsibilities and efforts of various state, local, and federal agencies; public authorities; colleges and universities; nonprofit organizations; professional and scholarly associations and societies; museums; local historical societies; patriotic and historical organizations; public television and radio; local chambers of commerce, development authorities, and convention and visitors bureaus; websites and other Internet resources; churches; and other organizations; (2) The status of Georgia history education in the states public schools, colleges, and universities, including the scope and content of textbooks currently used to teach Georgia history;

WEDNESDAY, MARCH 21, 2001

3651

(3) Developing strategies for enhancing partnerships between state, local, and federal agencies, nonprofit organizations, and schools to promote Georgia history; (4) The experiences of other states that have an official state museum of history; (5) How other states promote state and local history and historical tourism; (6) How historical tourism can be used to promote economic development, especially in tier 1 and tier 2 counties, as defined by the OneGeorgia Authority; (7) How to assist state, county, and city governments and other organizations to promote commemoration of significant anniversaries with respect to state and local history; (8) What role the new on-line Georgia Encyclopedia will play in promoting Georgia history; (9) Possible changes in state law that would facilitate the promotion of Georgia history and historical tourism; and (10) Funding and other revenue issues. (i) The commission is authorized and empowered to accept appropriations, grants, or gifts from any level of government; from any board, commission, or other unit of government; from any public corporation or authority; from any public or private organization; from any business; from any group; or from any individual. The commission shall be further empowered to hold, invest, reinvest, and disburse such grants and gifts and any income derived therefrom in carrying out the objectives and purposes of the commission and shall not be required to pay such grants and gifts or income derived therefrom into the general fund of the state treasury. The commission shall be further authorized to adopt such rules and regulations and perform such other activities as necessary or appropriate for carrying out its purposes and duties. (j) The nonlegislative members of the commission shall receive no compensation for their service and shall not receive any reimbursement of expenses; provided, however, that to the extent that sufficient appropriations from the General Assembly, grants from the Governors contingency fund, or other sources, gifts, or other income is received, nonlegislative members of the commission may be reimbursed upon approval by the commission for travel and expenses not to exceed the allowances authorized for members of state boards. Legislative members shall be compensated and provided with travel expenses in accordance with law, House and Senate rules, and regulations adopted by the Legislative Services Committee and Legislative Fiscal Office. (k) To the extent that funding is available from whatever source, the Governor shall be authorized to appoint a person to serve on a part-time or full-time basis as executive director of the commission. Said executive director, if appointed, shall perform such duties as directed by the Governor or by the chairperson of the commission. (l) No legislative member of the commission shall vote on the expenditure of funds by the commission, appointment of commission staff, or any matter of a nature properly belonging in the executive branch. However, legislative members may participate in any commission action of an advisory nature, such as making reports and recommendations.

3652

JOURNAL OF THE HOUSE

(m) The commission shall be attached for administrative purposes to the office of the Secretary of State. (n) The commission may make reports and recommendations to the Governor and General Assembly from time to time but shall make a final report not later than December 15, 2002, at which time the commission shall be abolished. (o) This Code section and this article shall be repealed on December 15, 2002."
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.

Representative Walker of the 141st moved that the House agree to the Senate substitute to HB 190.

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
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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 Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd 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 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 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 Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

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 Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West
Westmoreland Y Wiles

Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

WEDNESDAY, MARCH 21, 2001

Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, N

McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3653
Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 160, nays 0. The motion prevailed.

The following Bills of the Senate were taken up for the purpose of considering the Senate amendments to the House substitutes or amendment thereto:

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.

The following Senate amendment was read:

Amend the House substitute to SB 40 by adding after the words:
"(14) Northern Arc" on page 1 the following words:
"further indentified as the North Georgia Connector between the U.S. Highway 411 and U.S. Highway 41 interchange in Bartow County to State Highway 316 in Gwinnett County."

Representative Smith of the 169th moved that the House agree to the Senate amendment to the House substitute to SB 40.

On the motion, 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

3654
Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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 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 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
Holland Y Holmes Y Houston Y 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 Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills E 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
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, 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
Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion the ayes were 162, nays 1. The motion prevailed.

SB 162. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Walker of the 22nd:
A bill to be entitled an Act to amend Chapter 2 of Title 41 of the O.C.G.A., relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable state minimum standard codes as adopted by

WEDNESDAY, MARCH 21, 2001

3655

ordinance or operation of law; any optional building, fire, life safety, or other codes relative to the safe use of real property adopted by ordinance in the jurisdiction where the property is located; or general nuisance law; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the House substitute to SB 162 by adding on line 16 of page 1 between the semicolon and the word "to" the following:
"to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions with respect to nuisances, so as to prohibit a municipality from restricting the use of language other than English on signs for privately owned businesses; to provide for application;".
By adding between lines 20 and 21 on page 13 the following:
"SECTION 5.1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions with respect to nuisances, is amended by adding at the end thereof the following:
'41-1-10. A municipality shall be prohibited from restricting the use of language other than English on signs for privately owned businesses. This Code section shall not restrict the municipalitys right to enact any other restrictions on signs.'"

Representative Martin of the 47th moved that the House agree to the Senate amendment to the House substitute to SB 162.

On the motion, 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 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 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 Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas

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

3656
Y Bordeaux Borders
Y Bridges Brooks
Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister Y Byrd N 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 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

N 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 McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Randall Y Ray Y Reece Y Reed N Reese Y Reichert Y Rice
Richardson N Roberts, D Y Roberts, L N 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 Y Smith, B

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 motion the ayes were 151, nays 14. The motion prevailed.

SB 98.

By Senators Thompson of the 33rd, Tate of the 38th and Thomas of the 2nd:
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 regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the House amendment to SB 98 by striking from the third to last line the word "shall" and inserting the following:
"is encouraged to".

WEDNESDAY, MARCH 21, 2001

3657

Representative Smith of the 175th moved that the House agree to the Senate amendment to the House amendment to SB 98.

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
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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 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 Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E Mobley
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
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
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 motion the ayes were 161, nays 1. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

3658

JOURNAL OF THE HOUSE

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.
Representative Reece of the 11th moved that the House insist on its position in disagreeing to the Senate substitute to HB 489 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 Reece of the 11th, Snow of the 2nd and Smith of the 12th.
By unanimous consent, the following Resolutions of the House were withdrawn from the Committee on Judiciary:
HR 593. By Representatives Coleman of the 142nd, Crawford of the 129th, Epps of the 131st and Davis of the 60th:
A RESOLUTION urging the Supreme Court of Georgia to accept the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School for a vacation, or in the alternative, a suspension of the Order mandating that all applicants for the Georgia Bar Examination attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.
HR 599. By Representatives Epps of the 131st, Smyre of the 136th, Brooks of the 54th, McKinney of the 51st, Sailor of the 71st and others:
A RESOLUTION supporting the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School before the Supreme Court of Georgia for a vacation or, in the alternative, a suspension of the order mandating that all applicants for the Georgia Bar Examination

WEDNESDAY, MARCH 21, 2001

3659

attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.

The following Resolutions of the House were adopted:

HR 593. By Representatives Coleman of the 142nd, Crawford of the 129th, Epps of the 131st and Davis of the 60th:
A RESOLUTION urging the Supreme Court of Georgia to accept the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School for a vacation, or in the alternative, a suspension of the Order mandating that all applicants for the Georgia Bar Examination attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.

HR 599. By Representatives Epps of the 131st, Smyre of the 136th, Brooks of the 54th, McKinney of the 51st, Sailor of the 71st and others:
A RESOLUTION supporting the Motion for Modification and Administrative and Equitable Relief of John Marshall Law School before the Supreme Court of Georgia for a vacation or, in the alternative, a suspension of the order mandating that all applicants for the Georgia Bar Examination attending law schools not accredited by the American Bar Association graduate on or before August 31, 2003; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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.

3660

JOURNAL OF THE HOUSE

The following Senate substitute was read:
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; 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 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, is amended by striking Code Section 5-6-34, 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 inserting in lieu thereof the following:
"5-6-34. (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will.

WEDNESDAY, MARCH 21, 2001

3661

(b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 30 60 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment. (c) In criminal cases involving a capital offense for which the death penalty is sought, a hearing shall be held as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary. (d) Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in this Code section, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erroneous. Nothing in this

3662

JOURNAL OF THE HOUSE

subsection shall require the appellate court to pass upon questions which are rendered moot."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. This Act shall apply to any case pending on or brought after the effective date of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jenkins of the 110th et al. move to amend the Senate substitute to HB 810 by inserting between lines 2 and 3 of page 2 the following:
"(5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184;".
By striking "60" on line 26 of page 2 and inserting "45" in lieu thereof.
By inserting before the period at the end of line 16 on page 3 the following:
"; and, for purposes of taking an appeal pursuant to the provisions of paragraph (5.1) of subsection (a) of Code Section 5-6-34 as enacted by this Act, any ruling actually entered before the effective date of this Act in any case which is pending on the effective date of this Act shall be deemed to have been entered on the effective date of this Act".

Representative Jenkins of the 110th moved that the House agree to the Senate substitute, as amended by the House, to HB 810.

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 Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L

Y Mueller Orrock
Y Parham Y Parrish Y Parsons

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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

WEDNESDAY, MARCH 21, 2001

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 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 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 Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

3663
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
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 motion, the ayes were 164, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

3664

JOURNAL OF THE HOUSE

Amend HB 678 by striking lines 13 and 14 of page 5 and inserting in lieu thereof the following:
"apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35.".

Representative Snow of the 2nd moved that the House agree to the Senate amendment to HB 678.

On the motion, 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
Borders Y Bridges Y Brooks Y Broome N Brown Y Buck
Buckner Y Bulloch E 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 Y Cooper

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin N Golick Y Graves Y Greene N 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 N 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
Lucas N Lunsford
Maddox Y Mangham E Mann Y Manning Y Martin N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills E Mobley Y Morris Y Mosley

N Mueller Y Orrock Y Parham Y Parrish N Parsons
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 N Roberts, D Y Roberts, L
Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay N Shanahan
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 N Smith, V Y Smyre N 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 N Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard Y Williams Y Wix N Yates
Murphy, Speaker

WEDNESDAY, MARCH 21, 2001

3665

On the motion, the ayes were 129, nays 35. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 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.

The following Senate amendment was read:

Amend the House substitute to SB 50 by striking "Center;" on line 6 of page 1 and inserting in lieu thereof "Center, the Georgia Courts Automation Commission, and the Administrative Office of the Courts;".
By inserting after "35-3-36" on line 26 of page 1 "and to the Georgia Courts Automation Commission who shall provide the data to the Administrative Office of the Courts for use of the state judicial branch".

Representative Bordeaux of the 151st moved that the House agree to the Senate amendment to the House substitute to SB 50.

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 Cox Y Crawford Y Cummings Y Davis Y 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
Jamieson Jenkins Y Jennings

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

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

3666
Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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
Cooper

JOURNAL OF THE HOUSE

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
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 Y Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

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

On the motion the ayes were 161, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

WEDNESDAY, MARCH 21, 2001

3667

The following Senate amendment was read:

Amend HB 658 by inserting on line 9 of page 2, following the word "person", the words "and the commissioner of the Georgia Department of Corrections".
By inserting on line 10 of page 2, following the word "jail", the words "and Georgia Department of Corrections system".

Representative Wix of the 33rd moved that the House agree to the Senate amendment to HB 658.

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
Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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
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 Y Henson Y Hines
Holland Y Holmes Y Houston
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 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 E Mobley

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
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 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 Y Wilkinson Y Willard Y Williams Y Wix

3668
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Skipper Y Smith, B

Y Yates Murphy, Speaker

On the motion, the ayes were 164, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 610

The Committee of Conference on HB 610 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 610 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Nathan Dean Senator, 31st District

/s/ Jeanette Jamieson Representative, 22nd District

/s/ Connie Stokes Senator, 43rd District

/s/ Thomas B. Buck, III Representative, 135th District

WEDNESDAY, MARCH 21, 2001

/s/ Rooney Bowen Senator, 13th District

/s/ Smith Representative, 175th District

3669

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; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, dates, and authority of the state revenue commissioner; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking "or" at the end of paragraph (71), by striking the period at the end of paragraph (72) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (72), to be designated paragraph (73), to read as follows:
"(73)(A) The sale or lease of production equipment or production services for use in this state by a certified film producer or certified film production company for qualified production activities. (B) As used in this paragraph, the term;
(i) 'Film producer' means any person engaged in the business of organizing and supervising qualified production activities. (ii) 'Film production company' means any company that employs one or more film producers and whose goal is to engage in film production activity. (iii) 'Qualified production activities' means the production or post production of film or video projects such as feature films, series, pilots, movies for television, commercials, music videos, or sound recordings used in feature films, series, pilots, or movies for television, for which the film producer or film production company will be compensated and which are intended for nation-wide commercial distribution. (iv) 'Production equipment' means items purchased or leased for use exclusively in qualified production activities in Georgia, including, but not limited to, cameras, camera supplies, camera accessories, lighting equipment, cables, wires, generators, motion picture film and videotape stock, cranes, booms, dollies, and teleprompters. (v) 'Production services' means services purchased for use exclusively in qualified production activities in Georgia, including, but not limited to, digital or tape

3670

JOURNAL OF THE HOUSE

editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, animation services, and script production. (C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying the tax. As a condition precedent to the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Industry, Trade, and Tourism."
SECTION 2. Said Code section is further amended by adding a new paragraph immediately following paragraph (73), to be designated paragraph (74), to read as follows:
"(74)(A)(i) Except as otherwise provided in divisions (ii) and (iii) of this subparagraph, the sale or use of digital broadcast equipment sold to, leased to, or used by a federally licensed commercial or public radio or television broadcast station, a cable network, or a cable distributor that enables a radio or television station, cable network, or cable distributor to originate and broadcast or transmit or to receive and broadcast or transmit digital signals, including, but not limited to, digital broadcast equipment required by the Federal Communications Commission. (ii) For commercial or public television broadcasters and cable distributors, such equipment shall be limited to antennas, transmission lines, towers, digital transmitters, studio to transmitter links, digital routing switchers, character generators, Advanced Television Systems Committee video encoders and multiplexers, monitoring facilities, cameras, terminal equipment, tape recorders, and file servers. (iii) For radio broadcasters, such equipment shall be limited to transmitters, digital audio processors, and diskettes. (B) As used in this paragraph, the term: (i) 'Digital broadcast equipment' means equipment purchased, leased, or used for the origination or integration of program materials for broadcast over the airwaves or transmission by cable, satellite, or fiber optic line which uses or produces an electronic signal where the signal carries data generated, stored, and processed as strings of binary data. Data transmitted or stored as digital data consists of strings of positive or nonpositive elements of a transmission expressed in strings of 0s and 1s which a computer or processor can reconstruct as an electronic signal. (ii) 'Federally licensed commercial or public radio or television broadcast station' means any entity or enterprise, either commercial or noncommercial, which

WEDNESDAY, MARCH 21, 2001

3671

operates under a license granted by the Federal Communications Commission for the purpose of free distribution of audio and video services when the distribution occurs by means of transmission over the public airwaves. (C) The exemption provided under this paragraph shall not apply to any of the following: (i) Repair or replacement parts purchased for the equipment described in this paragraph; (ii) Equipment purchased to replace equipment for which an exemption was previously claimed and taken under this paragraph; (iii) Any equipment purchased after a television station, cable network, or cable distributor has ceased analog broadcasting, or purchased after November 1, 2004, whichever occurs first; or (iv) Any equipment purchased after a radio station has ceased analog broadcasting, or purchased after November 1, 2008, whichever occurs first. (D) Any person making a sale of digital broadcasting equipment to a federally licensed commercial or public radio or television broadcast station, cable network, or cable distributor shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the equipment without paying the tax."
SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2001. (b) Section 1 of this Act shall become effective on January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on HB 610.

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

N Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon

Y Cox Y Crawford Y Cummings N Davis Y Day N Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes

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 Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas

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

3672
Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch E 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

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

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

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

Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague
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 Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 104, nays 67. The motion prevailed.

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.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

WEDNESDAY, MARCH 21, 2001 The following Senate amendment was read:

3673

Amend HB 593 by striking lines 11 through 18 of page 1 and inserting in their place the following:
"(b) Qualified aliens who arrived in the United States prior to August 22, 1996, will continue to be eligible for assistance under the Georgia TANF Program upon meeting the same qualifications and conditions as other applicants. Qualified aliens who arrived in the United States on or after August 22, 1996, will not be eligible for TANF assistance, except to the extent required by federal law; provided, however, that such qualified aliens will be eligible for cash assistance until July 1, 2001 2002, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants."

Representative Squires of the 78th moved that the House agree to the Senate amendment to HB 593.

On the motion, 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
Birdsong Y Black Y Boggs
Bohannon Y Bordeaux
Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell

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 N Ehrhart Y Epps
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

Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jordan Y 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 Martin Y Massey Y McBee Y McCall

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 N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders
Scheid Y Scott Y Seay

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
Stancil Y Stanley Y Stanley-Turner Y Stephens
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 Y Westmoreland

3674
Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

N Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, N

Y McClinton McKinney
Y Millar N Mills E 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 N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 138, nays 21. 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:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 243 Do Pass

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

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

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.

WEDNESDAY, MARCH 21, 2001

3675

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 42.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
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 following Senate amendments were read:
Amend HB 510 by adding after the second semicolon on line 4 of page 1 the following:
"to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the 'Georgia Pharmacy Practice Act,' so as to require certain wholesale distributors of controlled substances or dangerous drugs to provide certain information relating thereto;".
By adding after line 35 of page 3 the following:
"SECTION 6.1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the 'Georgia Pharmacy Practice Act,' is amended by adding after Code Section 26-4-115 a new Code section to read as follows:
'26-4-115.1. Every wholesale distributor registered as provided in Chapter 13 of Title 16 or subsection (a) of Code Section 26-4-115, except those which are exclusively reverse drug distributors, shall provide to the Department of Community Health such

3676

JOURNAL OF THE HOUSE

information, with regard to the controlled substances and dangerous drugs which are distributed by that wholesale distributor, as is determined by that department to be necessary or useful in the departments efficient administration of the state plan for medical assistance, as defined in Code Section 49-4-141, and in the departments determination of possible violations of Chapter 13 of Title 16, which information shall include but not be limited to price and quantity information.'
SECTION 6.2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Amend HB 510 by adding between lines 19 and 20 of page 3 the following: "(726.5) Phenylpropanolamine;".

Representative Parrish of the 144th moved that the House agree to the Senate amendments to HB 510.

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
Birdsong Y Black Y Boggs Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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
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 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
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 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
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
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

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

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

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

3677
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams Y Wix Y Yates
Murphy, Speaker

On the motion, the ayes were 165, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 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.

The following Senate amendment was read:

Amend the House substitute to SB 34 by deleting all words on line 4 on page 1 after the semicolon through the semicolon on line 7 on page 1.
By changing "10" on line 9 on page 1 to "11".
By inserting on line 12 on page 1, after the semicolon the following:

3678

JOURNAL OF THE HOUSE

"to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed or within 120 days of the remittitur; to provide that the court shall afford notice and an opportunity for a hearing to the prosecuting attorney; to provide that any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this Act shall be void;".
By striking line 14 on page 2 and inserting in lieu thereof the following: "Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended in Code Section 16-6-13.2, relating to forfeiture, by striking".
By inserting between lines 29 and 30 on page 2 a new Section 4 to read as follows:
"SECTION 4. Said chapter is further amended by inserting after Code Section 16-6-13.2 a new Code Section 16-6-13.3 to read as follows:
'16-6-13.3. (a) Any proceeds or money which is used, intended for use, used in any manner to facilitate, or is derived from a violation of Code Section 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is contraband and forfeited to the state and no person shall have a property interest in it. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (b) Within 60 days of the date of the seizure of proceeds or money pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of proceeds or money which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Proceeds or money which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49, provided that no less than 50 percent of the money and proceeds forfeited under this Code section shall be distributed to the local governing authority to be distributed to local or state-wide programs serving the child victims of the crime which are funded or operated by state or local governmental agencies. (c) If the proceeds or money subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the proceeds or money; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any proceeds or money of a claimant or defendant up to the value of proceeds or money found by the

WEDNESDAY, MARCH 21, 2001

3679

court to be subject to forfeiture under this Code section in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49. (d) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this Code section.'"
By renumbering Sections 4 through 8 as 5 through 9.
By striking line 33 of page 2 in its entirety and inserting in lieu thereof the following: "subsection (a) and inserting new paragraphs (1) and (2) and subparagraph (A) of paragraph (3) of subsection (a) and by adding a new subsection (f) to read as follows:".
By inserting between lines 28 and 29 on page 3 the following:
"(f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34."
By striking on lines 14 and 15 on page 5 the words "and cruelty to children in the second degree".

Representative Ragas of the 64th moved that the House agree to the Senate amendment to the House substitute to SB 34.

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

N Allen N Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Bell Birdsong Y Black Y Boggs Y Bohannon

Y Cox Crawford Cummings
N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes

Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas

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

3680
Bordeaux Y Borders Y Bridges N Brooks Y Broome N Brown Y Buck
Buckner Bulloch E 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 Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, N

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

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

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

On the motion the ayes were 143, nays 15. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Skipper of the 137th moved that the House insist on its position in disagreeing to the Senate substitute to HB 734 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.

WEDNESDAY, MARCH 21, 2001

3681

The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Skipper of the 137th, Walker of the 141st and McClinton of the 68th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 204. By Senators Polak of the 42nd, Streat of the 19th and Thomas of the 10th:
A bill to be entitled an Act to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that certain bona fide coin operated amusement machines are not contraband; to amend Chapter 17 of Title 48 of the O.C.G.A., relating to taxation of bona fide coin operated amusement machines, so as to provide for notice of certain criminal provisions on master licenses and permit stickers issued for bona fide coin operated amusement machines; to provide that hearings relating to licensing of bona fide coin operated amusement machines are not subject to provisions relating to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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.

3682

JOURNAL OF THE HOUSE

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hecht of the 34th, Meyer von Bremen of the 12th, and Hooks of the 14th.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Mullis of the 53rd, Hamrick of the 30th, and Harp of the 16th.

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

SB 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

WEDNESDAY, MARCH 21, 2001

3683

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 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.

The report of the Committee, which was favorable to the 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
Bulloch E 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
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
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 Mills E Mobley

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
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 Y Sinkfield

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
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

3684
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hudgens Y Hudson, N

Y Morris Y Mosley

Y Skipper Y Smith, B

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.

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.

The report of the Committee, which was favorable to the 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 E Bunn Y Burkhalter Y Burmeister

N 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 Y Hanner Y Harbin

Y 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 Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Mann

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 Y Ray Y Reece Y Reed Y Reese Y Reichert N Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

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 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 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, MARCH 21, 2001

Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes N 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 E Mobley Y Morris Y Mosley

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

3685
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 161, nays 6. The Bill, having received the requisite constitutional majority, was passed.

SB 112. By Senator James of the 35th:
A bill to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to refer to the Office of Treasury and Fiscal Services in lieu of the Department of Administrative Services in certain instances; 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:

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 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 Hudson, S Y Hugley Y 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 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
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

3686
Y Brown Y Buck Y Buckner Y Bulloch E 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 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 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 E Mobley Y Morris Y Mosley

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 Y Sims Y Sinkfield
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 167, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee amendment was read and adopted:

The Committee on Industry moves to amend SB 230 by adding on line 23 of page 1 and line 4 of page 2 between the second comma and the word "or" the following:
"regional development center,".

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

WEDNESDAY, MARCH 21, 2001

3687

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 Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E 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
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 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 E Mobley Y Morris Y Mosley

Y Mueller Y Orrock Y 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
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 passage of the Bill, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

3688

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the 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 E 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
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
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 Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y 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 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
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

WEDNESDAY, MARCH 21, 2001

3689

On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 239. By Senators Lee of the 29th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to codification of local government ordinances, so as to change the provisions relating to definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following substitute, offered by Representative Holland of the 157th, was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions regarding transfer of development rights; to define certain terms; to revise requirements for procedures relative to the creation of the transfer of development rights within or between political subdivisions; to specify when such transfers are effective; to authorize intergovernmental transfers; to change certain provisions regarding codification of local government ordinances; to change certain definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to

3690

JOURNAL OF THE HOUSE

authentication of writings, is amended by striking Code Section 24-7-22, which is currently reserved, and inserting a new Code section to read as follows:
"24-7-22. When certified by a public officer, clerk, or keeper of the county or municipal records specified in Code Section 24-7-20 or 24-7-21 and in the absence of contrary evidence, judicial notice may be taken of a copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-8019 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body."
SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-66A-1, relating to definitions relative to transfer of development rights, and inserting in lieu thereof the following:
"36-66A-1. As used in this chapter, the term:
(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section. (2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity. (3) 'Receiving area' means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area. (3)(4) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property. (5) 'Sending area' means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area. (4)(6) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that a municipality or county desires to protect from future development.

WEDNESDAY, MARCH 21, 2001

3691

(5)(7) 'Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties."
SECTION 3. Said title is further amended by striking in its entirety Code Section 36-66A-2, relating to procedures, methods, and standards for the transfer of development rights, and inserting in lieu thereof the following:
"36-66A-2. (a) Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property shall be subject to the notice and hearing requirements of Code Section 36-66-4. Any proposed transfer of development rights to the receiving property shall be subject to the notice, hearing, and signage requirements, if any, of the municipality having jurisdiction over the receiving property or, if no municipality has such jurisdiction, the county having jurisdiction over the receiving property as required by such local governing authority for rezoning.
(b)(1) Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property and shall be subject to a separate vote of approval or disapproval by the local governing authority. (2) Notwithstanding the provisions of paragraph (1) of this subsection, an ordinance enacted by the governing authority of a consolidated government may, but is not required to, provide that any proposed transfer of development rights shall be subject to a separate vote of approval or disapproval by the governing authority. (c) Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for: (1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner; (3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property; (4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property; (5) A system for monitoring the severance, ownership, assignment, and transfer of transferable development rights; (6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale;

3692

JOURNAL OF THE HOUSE

(7) The right of a person to purchase development rights and to hold them for conservation purposes or resale; (8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto; and (9) A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties; and (9)(10) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter. (d)(1) Prior to the enactment of an ordinance as provided in subsection (c) of this Code section and prior to any action to approve or disapprove a proposed transfer required by paragraph (1) of subsection (b) of this Code section, the local governing authority shall provide for a hearing on the proposed ordinance or transfer. At least 15 but not more than 45 days prior to the date of the hearing, the local governing authority shall cause to be published in a newspaper of general circulation within the territorial boundaries of the political subdivision a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. Any proposed transfer of development rights requiring approval or disapproval of the local governing authority shall be subject to any signage requirements required by law for rezonings. (2) Prior to any changes in an area designated in an ordinance as a sending or receiving area, the local governing authority shall provide for notice and a hearing as provided in paragraph (1) of this subsection. (e) Proposed transfers of development rights shall become effective upon the recording of the conveyance with the appropriate deed-recording authorities and the filing of a certified copy of such recording with the local governing authority of each political subdivision in which a sending or receiving area is located in whole or in part. (f) Municipalities and counties which are jointly affected by development are authorized to enter in to intergovernmental agreements for the purpose of enacting interdependent ordinances providing for the transfer of development rights between or among such jurisdictions, provided that such agreements otherwise comply with applicable laws. Any ordinances enacted pursuant to this subsection may provide for additional notice and hearing and signage requirements applicable to properties within the sending and receiving areas in each participating political subdivision."

WEDNESDAY, MARCH 21, 2001

3693

SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) and by striking subsection (d) of Code Section 36-80-19, relating to codification of local government ordinances, and inserting in their place the following:
"(1) 'Local governing authority' means the governing authority of each municipality, and county, and consolidated government in this state." "(d) Each such general codification shall be: (1) Made available by posting such codification on the Internet; or (2) A copy of each such general codification shall be furnished Furnished promptly as a copy to the State Law Library which shall be the official state repository for such general codifications; and provided, further, that counties financing all or part of the cost of codification through law library fees pursuant to Code Sections 36-15-7 and 36-15-9 shall furnish a copy of each general codification (3) In counties which have established a county law library, furnished as a copy to the county law library."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Y 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
Dodson Y Drenner Y Dukes
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 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
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

3694
Y Brown Y Buck Y Buckner Y Bulloch E 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 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 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 E Mobley Y Morris Y Mosley

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

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.

The report of the Committee, which was favorable to the 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 Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson

Y Hudson, S Y Hugley Y Irvin N 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 Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y 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 E 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 Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

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 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
McKinney Y Millar Y Mills E Mobley
Morris Y Mosley

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 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

3695
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
Westmoreland Y Wiles Y Wilkinson Y Willard N Williams
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 159, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representative Wix of the 33rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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 certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.

3696

JOURNAL OF THE HOUSE

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 205

The Committee of Conference on SB 205 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 205 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Thompson Senator, 33rd District

/s/ Smith Representative, 175th District

/s/ Connie Stokes Senator, 43rd District

/s/ Turnquest Representative, 73rd District

/s/ Tanksley Senator, 32nd District

/s/ Martin Representative, 47th District

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 certain personal information in all records; to provide for certain access to such personal information for certain purposes; 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 after paragraph (11.2) of subsection (a) a new paragraph to read as follows:
"(11.3)(A) An individuals social security number, mothers birth name, credit card information, debit card information, bank account information, financial data or

WEDNESDAY, MARCH 21, 2001

3697

information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers and employees of a public school.
(B) This paragraph shall have no application to: (i) The disclosure of information contained in the records or papers of any court or derived therefrom including without limitation records maintained pursuant to Article 9 of Title 11; (ii) The disclosure of information to a court, prosecutor, or publicly employed law enforcement officer, or authorized agent thereof, seeking records in an official capacity; (iii) The disclosure of information to a public employee of this state, its political subdivisions, or the United States who is obtaining such information for administrative purposes, in which case, subject to applicable laws of the United States, further access to such information shall continue to be subject to the provisions of this paragraph; (iv) The disclosure of information as authorized by the order of a court of competent jurisdiction upon good cause shown to have access to any or all of such information upon such conditions as may be set forth in such order; (v) The disclosure of information to the individual in respect of whom such information is maintained, with the authorization thereof, or to an authorized agent thereof; provided, however, that the agency maintaining such information shall require proper identification of such individual or such individuals agent, or proof of authorization, as determined by such agency; (vi) The disclosure of the day and month of birth and mothers birth name of a deceased individual; (vii) The disclosure by an agency of credit or payment information in connection with a request by a consumer reporting agency as that term is defined under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (viii) The disclosure by an agency of information in its records in connection with the agencys discharging or fulfilling of its duties and responsibilities, including, but not limited to, the collection of debts owed to the agency or individuals or entities whom the agency assists in the collection of debts owed to the individual or entity; or

3698

JOURNAL OF THE HOUSE

(ix) The disclosure of information necessary to comply with legal or regulatory requirements or for legitimate law enforcement purposes. (C) Records and information disseminated pursuant to this paragraph may be used only by the authorized recipient and only for the authorized purpose. Any person who obtains records or information pursuant to the provisions of this paragraph and knowingly and willfully discloses, distributes, or sells such records or information to an unauthorized recipient or for an unauthorized purpose shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished as provided in Code Section 17-10-4. Any person injured thereby shall have a cause of action for invasion of privacy. Any prosecution pursuant to this paragraph shall be in accordance with the procedure in subsection (b) of Code Section 50-18-74. (D) In the event that the custodian of public records protected by this paragraph has good faith reason to believe that a pending request for such records has been made fraudulently, under false pretenses, or by means of false swearing, such custodian shall apply to the superior court of the county in which such records are maintained for a protective order limiting or prohibiting access to such records. (E) This paragraph shall supplement and shall not supplant, overrule, replace, or otherwise modify or supersede any provision of statute, regulation, or law of the federal government or of this state as now or hereafter amended or enacted requiring, restricting, or prohibiting access to the information identified in subparagraph (A) of this paragraph and shall constitute only a regulation of the methods of such access where not otherwise provided for, restricted, or prohibited."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on SB 205.

On the motion, 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 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 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 Y Kaye

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

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 Borders N Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E 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 Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Y Epps N 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 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
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed N Reese Y Reichert N 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

3699
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 motion, the ayes were 158, nays 15. The motion prevailed.

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 263 The Committee of Conference on HB 263 recommends that both the Senate and the

3700

JOURNAL OF THE HOUSE

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 263 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Greg K. Hecht Senator, 34th District

/s/ Roger C. Byrd Representative, 170th District

/s/ Thomas E. Price Senator, 56th District

/s/ Lester G. Jackson Representative, 148th District

/s/ Charles B. Tanksley Senator, 32nd District

/s/ Nikki T. Randall Representative, 127th District

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; to provide that a nursing home shall not employ a person with an unsatisfactory determination; to provide that a nursing home that hires an applicant for employment with a criminal record shall be subject to civil penalties; to provide for the amount of civil penalties and conditions for the assessment of such penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, is amended by striking in its entirety Code Section 31-7-350, relating to definitions applicable under said article, and inserting in lieu thereof a new Code Section 31-7-350 to read as follows:
"31-7-350. As used in this article, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

WEDNESDAY, MARCH 21, 2001

3701

(2) 'Crime' means commission of an offense which constitutes a felony with respect to the following:
(A) A a violation of Code Section 16-5-21, relating to aggravated assault; (B) A a violation of Code Section 16-5-24, relating to aggravated battery; (C) A a violation of Code Section 16-6-1, relating to rape; (D) A a felony violation of Code Section 16-8-2, relating to theft by taking; (E) A a felony violation of Code Section 16-8-3, relating to theft by deception; (F) A a felony violation of Code Section 16-8-4, relating to theft by conversion; (G) A a violation of Code Section 16-5-1, relating to murder and felony murder; (H) A a violation of Code Section 16-4-1, involving attempted murder, relating to criminal attempt as it concerns attempted murder; (I) A a violation of Code Section 16-8-40, relating to robbery; (J) A a violation of Code Section 16-8-41, relating to armed robbery; (K) A violation of Code Section 16-9-1, relating to forgery in the first degree; a violation of Code Section 16-9-2, relating to forgery in the second degree; (L) A a felony violation of Chapter 13 of Title 16, relating to controlled substances; or (M) Any any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (3) 'Criminal record' means any of the following which have reached final disposition within ten years of the date the criminal record check is conducted: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Employment applicant' means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to July 1, 1995. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'Nursing home' or 'home' means a home required to be licensed or permitted as a nursing home under the provisions of this chapter. (7) 'Satisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record.

3702

JOURNAL OF THE HOUSE

(8) 'Unsatisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record."
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 31-7-351, relating to request for criminal record check with respect to an applicant for employment in a nursing home, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to hiring an employment applicant, each nursing home shall request a criminal record check from GCIC to determine whether the applicant has a criminal record. A nursing home shall make a written determination for each applicant for whom a criminal record check is performed. No nursing home will be precluded from employing any person with a criminal record. A nursing home shall not employ a person with an unsatisfactory determination."
SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 31-7-353 to read as follows:
"31-7-353. A nursing home that hires an applicant for employment with a criminal record shall be liable for a civil monetary penalty in the amount of the lesser of $2500.00 or $500.00 for each day that a violation of subsection (a) of Code Section 31-7-351 occurs. The daily civil monetary penalty shall be imposed only from the time the nursing home administrator knew or should have known that the nursing home has in its employ an individual with a criminal record and until the date such individual is terminated."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 127th moved that the House adopt the report of the Committee of Conference on HB 263.

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

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

Y Mueller Y Orrock
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

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

WEDNESDAY, MARCH 21, 2001

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
Hudgens Y Hudson, N

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
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

3703
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 motion, the ayes were 166, nays 0. The motion prevailed.

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.

The following report of the Committee of Conference was read:

3704

JOURNAL OF THE HOUSE

COMMITTEE OF CONFERENCE REPORT ON HB 538

The Committee of Conference on HB 538 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 538 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Rene' D. Kemp Senator, 3rd District

/s/ Alan Powell Representative, 23rd District

/s/ Walker Senator, 22nd District

/s/ W. N. Hudson Representative, 156th District

/s/ David Scott Senator, 36th District

/s/ Wiles Representative, 34th District

A BILL
To provide for regulation of ticket brokers and professional boxing 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; to delete provisions relating to the Georgia Boxing Commission from Chapter 8A of Title 43 of the Official Code of Georgia Annotated; to revise and move such provisions to Chapter 4B of such title; to change the name of the Georgia Boxing Commission to the Georgia Athletic and Entertainment Commission; to make editorial changes; to provide definitions; to provide for exemptions from the chapter; to provide for the commission membership and its appointment, terms, officers, vacancies, and reimbursement; to provide for the membership of a medical advisory panel and its qualifications, functions, meetings, and reimbursement; to provide for the duties, authority, and jurisdiction of the commission; to provide for inspectors and authorized representatives; to provide for investigations, activities which promote amateur boxing, and contracts; to provide for identification cards and a boxing registry; to provide for the commissions secretary, meetings, quorum, and rules and regulations;

WEDNESDAY, MARCH 21, 2001

3705

to prohibit certain relationships with or compensation from promoters or persons with a financial interest in activities regulated by the commission; to prohibit promoting or holding a professional match, contest, or exhibition of boxing by unlicensed persons or by persons without a match permit; to provide for licensing of promoters, referees, managers, judges, timekeepers, matchmakers, boxers, trainers, and certain other persons who assist boxers; to provide for fees, performance bonds, criteria for determining whether to issue a license, and authority to refuse to grant a license; to provide for disciplinary action against licensees and suspension or revocation of licenses or permits; to provide for safety requirements; to prohibit participation in professional matches, contests, or exhibitions of boxing by persons under 18; to prohibit persons other than ticket brokers from reselling or offering for resale any ticket for an athletic contest or entertainment event for a price exceeding the face value of the ticket; to provide for exceptions; to provide for service charges in certain circumstances; to preserve certain contractual rights; to provide for requirements for ticket brokers; to prohibit convicted felons from engaging in the business of a ticket broker in certain circumstances; to provide for certain disclosures by ticket brokers; to prohibit certain practices by ticket brokers; to provide for refunds; to restrict the percentage of tickets to a contest or event which may be resold by any ticket broker; to provide that a person who is the original purchaser for personal use of one or more tickets may sell or offer for resale such tickets at any price under certain circumstances; to exempt charitable organizations and their employees and volunteers from provisions regulating ticket sales and resales in certain circumstances; to authorize more restrictive regulation by ordinance of the applicable local government in certain circumstances; to provide a criminal penalty; to provide for rules and regulations; to provide for enforcement of provisions relating to ticket brokers by the commission; to provide for relief by order of the superior court; to provide for notice and opportunity to execute an assurance of voluntary compliance; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof the following:
"ARTICLE 12
10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by

3706

JOURNAL OF THE HOUSE

an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. (b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission. (c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated. Reserved.
10-1-311. Any person violating Code Section 10-1-310 shall be guilty of a misdemeanor. Reserved."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses is amended by striking in its entirety Chapter 8A, relating to professional boxing, and inserting a new Chapter 4B between Chapter 4A and Chapter 5 to read as follows:
"CHAPTER 4B ARTICLE 1
43-4B-1. As used in this chapter, the term:
(1) 'Amateur' means a person who engages in a match, contest, or exhibition of boxing which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head

WEDNESDAY, MARCH 21, 2001

3707

and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by:
(A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or (B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means: (A) The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within such county or municipality. (10) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (11) 'Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches,

3708

JOURNAL OF THE HOUSE

contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (12) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (13) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and:
(A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing; (B) Is participating or has participated in any match, contest, or exhibition of boxing to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (15) 'Professional match, contest, or exhibition of boxing' means a boxing match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer participating with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a match, contest, or exhibition and includes the boxers share of any payment received for radio broadcasting, television, or motion picture rights. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events to which the general public is admitted and

WEDNESDAY, MARCH 21, 2001

3709

who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons.
(20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling. (C) Unarmed combat shall not include: (i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or fullcontact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). (21) 'Wrestling' means a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences.
43-4B-2. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph.

3710

JOURNAL OF THE HOUSE

43-4B-3. (a) The State Boxing Commission in existence immediately prior to the effective date of this chapter, is continued in existence subject to the provisions of this chapter. On and after the effective date of this chapter, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d) The commissions medical advisory panel, appointed by the Governor, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2.
43-4B-4. (a) The commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing held in this state. (d) The commission has the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter.

WEDNESDAY, MARCH 21, 2001

3711

(e) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. Such inspectors shall be present at all professional matches, contests, or exhibitions of boxing. (f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxers photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (j) The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry. (k) The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition of boxing and obtain answers to written or oral questions propounded to all persons associated with such professional event.
43-4B-5. The Secretary of State shall designate the secretary of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.

3712

JOURNAL OF THE HOUSE

43-4B-6. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairpersons call at a place designated by the chairperson.
43-4B-7. The commission shall adopt rules and regulations governing professional boxing to establish the following:
(1) Procedures to evaluate the professional records and physicians certifications of each boxer participating in a professional match, contest, or exhibition of boxing and to deny authorization for a professional boxer to fight where appropriate; (2) Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-14, no professional boxer is permitted to box while under suspension from any state boxing commission because of:
(A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physicians denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
43-4B-8 No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing.
ARTICLE 2

WEDNESDAY, MARCH 21, 2001

3713

43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a promoters license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. (c) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashiers check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held.
43-4B-11. (a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. (b) The commission shall issue a license under this Code section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and (3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be

3714

JOURNAL OF THE HOUSE

unduly jeopardized by the issuance of the license.
43-4B-12. In addition to the license required in Code Section 43-4B-12, each professional boxer who is a resident of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.
43-4B-13. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicants qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to:
(A) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a

WEDNESDAY, MARCH 21, 2001

3715

knockout; or (B) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission, its secretary, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commission may revoke a suspension of a boxer if: (1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the facts.
43-4B-14. No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing without meeting the following requirements:
(1) Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition of boxing. The physician shall observe the physical condition of the boxers and advise the referee with regards thereto; (3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh-

3716

JOURNAL OF THE HOUSE

in and at the ring during the conduct of the professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers; (4) Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing; and (5) An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing.
43-4B-15. It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxers mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.
43-4B-16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated.
43-4B-17. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing.
43-4B-18. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
ARTICLE 3
43-4B-25. (a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding

WEDNESDAY, MARCH 21, 2001

3717

any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (b) Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30, a sponsor of such a contest or event may contractually restrict the resale of a ticket to such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction.
43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $400.00, and renew the license annually; (3) Pay any local tax required by a local government; (4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
43-4B-27. No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil

3718

JOURNAL OF THE HOUSE

rights restored.
43-4B-28. (a) The ticket broker shall be required to:
(1) Post at its established place of business the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held.
43-4B-29. (a) No provision of this article or any other provision of law shall criminally prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or

WEDNESDAY, MARCH 21, 2001

3719

offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 1,500 feet of a ticket office for such a contest or event or a public entrance to such a contest or event. No provision of this article or any other provision of law shall criminally prohibit the purchaser for personal use of one or more tickets to an athletic contest or entertainment event from reselling or offering for resale any of such tickets in any zone or zones within the restricted areas, as provided in this subsection or subsection (b) of Code Section 43-4B-30, where such activity is authorized by the sponsor of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held. (b) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this article when offering for sale any tickets of admission in a raffle, auction, or similar fund-raising activity for the benefit of the organizations charitable purposes.
43-4B-30. (a) With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article. (b) The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons.
43-4B-31. Any person who violates this article is guilty of a misdemeanor of a high and aggravated nature.
43-4B-32. (a) In addition to the powers and duties set out in Code Section 43-4B-3, the commission is authorized to promulgate rules and regulations to accomplish the purposes of this article in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission shall enforce the provisions of this article. The enforcement powers of the commission set out in this Code section shall be in addition to the criminal penalty provided by Code Section 43-4B-31. (b) Whenever it may appear to the commission that any person is violating or has violated any provision of this article and that proceedings would be in the public

3720

JOURNAL OF THE HOUSE

interest: (1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may: (A) Issue a cease and desist order prohibiting any violation of this article; (B) Issue an order against a person who violates this article, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the ticket brokers license; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article, a rule promulgated under this article, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action in violation of this article; or (E) Other relief as the court deems just or reasonable.
(c) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (d) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article.
ARTICLE 4
43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or

WEDNESDAY, MARCH 21, 2001

3721

coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House adopt the report of the Committee of Conference on HB 538.

On the motion, 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 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 Cox N 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

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 Y Joyce Y Kaye Y Keen Y 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 Y Pinholster N 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 N Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest

3722
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 Y McCall Y McClinton
McKinney Y Millar Y Mills E 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

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 motion, the ayes were 167, nays 6. The motion prevailed.

Representative Joyce of the 1st moved to adjourn.

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

Y Allen Y Amerson
Anderson N Ashe N 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 N Brown Y Buck N Buckner Y Bulloch E Bunn N Burkhalter N Burmeister N Byrd N Callaway

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

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 Y Knox N Lane N Lanier N Lewis
Lord N Lucas N Lunsford Y Maddox N Mangham E Mann N Manning N Martin

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 N Ray N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders

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
Squires N Stallings N 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
Walker, R.L

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

WEDNESDAY, MARCH 21, 2001

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

N Massey N McBee Y McCall N McClinton
McKinney N Millar Y Mills E Mobley N Morris N Mosley

N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper N Smith, B

3723
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 19, nays 148. The motion was lost.

Representative Buck of the 135th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolution of the House was taken up for the purpose of considering the Senate amendments thereto:

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.

The following Senate amendments were read:

Amend HR 453 by inserting after the word and symbol "Parkway;" on line 1 on page 1 the following:
"Designating the Dr. Jimmy W. Waters Interchange;"
By inserting between lines 16 and 17 on page 1 the following:
"BE IT FURTHER RESOLVED that the highway interchange at I-75 and Bass Road in Bibb County is redesignated the Dr. Jimmy W. Waters Interchange and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the interchange."

3724

JOURNAL OF THE HOUSE

Amend HR 453 by adding on line 1 of page 1 between the semicolon and the word "and" the following:
"designating the Representative Debra Mills Commemorative Bridge;".
By adding between lines 16 and 17 on page 1 the following:
"BE IT FURTHER RESOLVED that the bridge on Interstate Highway 20 crossing the Chattahoochee River in Cobb County is designated the Representative Debra Mills Commemorative Bridge."

Amend HR 453 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"Designating certain parts of the state highway system; and for other purposes.
PART I".
By inserting after line 19 on page 1 a new PART II designation and the following:
"BE IT FURTHER RESOLVED that the bridge over Brazell Creek on U.S. Highway 280 West outside the city limits of Reidsville in Tattnall County is designated the Jesse O. Kennedy, Jr., Memorial Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge.".

Amend HR 453 by inserting between lines 16 and 17 on page 1 the following:
BE IT FURTHER RESOLVED that the bridge on State Highway 20 crossing Interstate 75 in Henry County, Georgia is designated the Ed and Harold McGarity Memorial Bridge.

Representative Jenkins of the 110th moved that the House agree to the Senate amendments to HR 453.

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

N Allen N Amerson N Anderson

N Cox Y Crawford N Cummings

Y Hudson, S N Hugley N Irvin

N Mueller Orrock
N Parham

Y Smith, C N Smith, C.W N Smith, L

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

WEDNESDAY, MARCH 21, 2001

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

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

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

3725
Y Smith, P Y Smith, T N Smith, V N Smyre N Snelling Y Snow N Squires Y Stallings N Stancil N Stanley N Stanley-Turner N Stephens N Stokes
Stuckey Taylor N Teague N Teper Y Tillman N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams Y Wix N Yates Murphy, Speaker

On the motion, the ayes were 65, nays 94. The motion was lost. The House has disagreed.

Representative Jenkins of the 110th moved that the House reconsider its action in failing to give the requisite constitutional majority to HR 453.

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

N Allen Y Amerson N Anderson Y Ashe N Bannister

Y Cox Y Crawford Y Cummings N Davis N Day

Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons

Y Smith, C N Smith, C.W
Smith, L Y Smith, P Y Smith, T

3726
Y Barnard N Barnes Y Bell Y Birdsong Y Black Y Boggs N Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

Y Pelote Y Pinholster Y Poag Y Porter N Powell Y Purcell N Ragas Y Randall Y Ray Y Reece
Reed N Reese Y Reichert
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 Smith, V Y Smyre N Snelling
Snow Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague N Teper Y Tillman N Turnquest Y Twiggs Y Unterman N Walker, L N Walker, R.L
Watson Y West N Westmoreland Y Wiles N Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 114, nays 48. The motion prevailed.

Representative Jenkins of the 110th again moved that the House agree to the Senate amendments to HR 453.

On the motion, 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 Y Bell Y Birdsong

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

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

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

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

Y Black Y Boggs N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E 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 Y Cooper

WEDNESDAY, MARCH 21, 2001

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

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

N Powell Y Purcell N 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 N Sailor N Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper N Smith, B

3727
Y Squires Y Stallings N Stancil Y Stanley Y Stanley-Turner N Stephens
Stokes Stuckey Y Taylor N Teague N Teper N Tillman Y Turnquest N Twiggs Y Unterman N 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 motion, the ayes were 104, nays 59. The motion prevailed.

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 21, 2001

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendars already adopted this March 21, 2001, by adding the following:

SB 116

Cosmetologists; education requirement exemption

3728

JOURNAL OF THE HOUSE

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

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 656

The Committee of Conference on HB 656 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 656 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Richard O. Marable Senator, 52nd District

/s/ Jeanette Jamieson Representative, 22nd District

/s/ David Scott Senator, 36th District

/s/ DuBose Porter Representative, 143rd District

WEDNESDAY, MARCH 21, 2001

3729

/s/ Steve Thompson Senator, 33rd District

/s/ Charlie Smith, Jr. Representative, 175th District

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 identification of students at risk of not reaching or maintaining academic grade level at the beginning of each school year and during the school year; to provide for assignment of such students to early intervention as soon as practicable and for notice; to provide for 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 provide that funds for alternative education programs may be used in kindergarten and in grades one through 12; to change program weights for funding purposes; to revise definitions relative to equalization grants; to provide for adjustment to the effective millage rate in certain circumstances; to change the method of accounting for funds earned for counselors and technology specialists; to provide for certain funding for specialists qualified to teach foreign language; 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 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 and use certain prototypical designs which incorporate elements creating a quality learning environment; 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

3730

JOURNAL OF THE HOUSE

annual debt service and local funds contributed in excess of required local participation; to provide for rules; to provide for special appropriations for school capital outlay and for rules for disbursement and application of any such special appropriation; to provide for purposes for disbursements, amendments to facilities plans, and priorities among permitted purposes; to provide for calculation of entitlement of local school systems and for determination of need; to authorize the board to determine whether to require local participation and whether to allow application to reimbursement of current principal payments on local indebtedness; to change provisions relating to low-wealth 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, retesting, appeal of retention decisions, accelerated, differentiated, or additional instruction, and procedures for students receiving special education services; to provide for placement committees and their composition, functions, and procedures; to provide for additional policies by local boards of education relative to accelerated, differentiated, or additional 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 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 schedules and remedial education in middle schools; to provide for eligibility for sparsity grants to supplement funding for certain alternative education programs; to change the definition of a charter school; 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 change a provision relating to PROMISE teachers scholarships; to change a provision relating to PROMISE II teachers scholarships; 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. (a) The State Board of Education shall create and each local board of education shall provide an early intervention a special instructional assistance program to serve

WEDNESDAY, MARCH 21, 2001

3731

students in kindergarten through grade five. 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 upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve to assist students who with identified developmental deficiencies which are likely to at risk of not reaching or result in problems in maintaining a academic grade level of performance consistent with expectations for their respective ages., including but not limited to students who are identified through the first grade readiness assessment required by Code Section 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 202-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment or the criterionreferenced assessment are known. 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 academic performance and the role of the early intervention program. 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. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. 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

3732

JOURNAL OF THE HOUSE

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. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall 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. 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. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the 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 20-2-160."
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:

WEDNESDAY, MARCH 21, 2001

3733

(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 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

3734

JOURNAL OF THE HOUSE

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 laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through 12."
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:

WEDNESDAY, MARCH 21, 2001

3735

(1) Kindergarten program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Kindergarten early intervention program. . . . . . . . . . . . . . . . . . . . . . . . (3) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Primary grades early intervention program (1-3) . . . . . . . . . . . . . . . . . (5) Upper elementary grades program (4-5) . . . . . . . . . . . . . . . . . . . . . . . . (6) Upper elementary grades early intervention program (4-5) . . . . . . . . . (6)(7) Middle grades program (6-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.3405 1.6226 weight
and 1 to 15
ratio
1.7082 1.9952 weight
and 1 to 11
ratio
1.2689 1.2686 weight
and 1 to 17
ratio
1.7556 1.7617 weight
and 1 to 11
ratio
1.0289 1.0258 weight
and 1 to 23
ratio
1.7549 weight
and 1 to 11
ratio
1.0218 1.0102 weight

3736

JOURNAL OF THE HOUSE

(7)(8) Middle school program (6-8) as defined in Code Section 20-2-290
(8)(9) High school general education program (9-12) . . . . . . . . . . . . . . . .
(9)(10) Vocational laboratory program (9-12) . . . . . . . . . . . . . . . . . . . . . .
(10)(11) Program for persons with disabilities: Category I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)(12) Program for persons with disabilities: Category II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)(13) Program for persons with disabilities: Category III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and 1 to 23
ratio
1.1196 1.1104 weight
and 1 to 20
ratio
1.0000 weight
and 1 to 23
ratio
1.2052 1.2010 weight
and 1 to 20
ratio
2.3272 2.3409 weight
and 1 to 8 ratio
2.7111 2.7330 weight
and 1 to 6.5
ratio
3.4485 3.4778 weight
and

WEDNESDAY, MARCH 21, 2001

3737

(13)(14) Program for persons with disabilities: Category IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14)(15) Program for persons with disabilities: Category V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15)(16) Program for intellectually gifted students: Category VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(16)(17) Remedial education program. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(17)(18) Alternative education program. . . . . . . . . . . . . . . . . . . . . . . . . . .
(18)(19) English for speakers of other languages (ESOL) program . . . . . .

1 to 5 ratio
5.5742 5.6253 weight
and 1 to 3 ratio
2.4136 2.4233 weight
and 1 to 8 ratio
1.6255 1.6340 weight
and 1 to 12
ratio
1.2864 1.2917 weight
and 1 to 15
ratio
1.5613 1.5683 weight
and 1 to 15
ratio
2.4317 2.4521 weight
and

3738

JOURNAL OF THE HOUSE

1 to 7 ratio"

SECTION 6. Said chapter is further amended in Code Section 20-2-165, relating to annual calculation and allocation of equalization grants, by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest. (3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part. (4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school systems annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school systems equalization grant in a subsequent fiscal year. (5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school systems total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (7) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation

WEDNESDAY, MARCH 21, 2001

3739

school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164 Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts. (10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (11) 'Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest."
SECTION 7. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, budget and accounting system, and submission of local budget to the state board, and inserting in lieu thereof the following:
"(a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following

3740

JOURNAL OF THE HOUSE

the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state-earned state earned benefits or comparable state-earned state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2161 which are not expended for direct instructional costs must be returned to the state treasury."
SECTION 8. 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

WEDNESDAY, MARCH 21, 2001

3741

(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 9. 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 pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (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.

3742

JOURNAL OF THE HOUSE

(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. (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

WEDNESDAY, MARCH 21, 2001

3743

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 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 10. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-184.1 to read as follows:

3744

JOURNAL OF THE HOUSE

"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 11. 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; (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

WEDNESDAY, MARCH 21, 2001

3745

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 12. 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 13. 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,

3746

JOURNAL OF THE HOUSE

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. (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 or which could be 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.

WEDNESDAY, MARCH 21, 2001

3747

(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 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;

3748

JOURNAL OF THE HOUSE

(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; 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

WEDNESDAY, MARCH 21, 2001

3749

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 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."

3750

JOURNAL OF THE HOUSE

"(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; (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

WEDNESDAY, MARCH 21, 2001

3751

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; (8) To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions; and (9) To provide construction projects that use prototypical designs approved by the Georgia State Financing and Investment Commission, including designs which incorporate elements that create a quality learning and teaching environment. (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

3752

JOURNAL OF THE HOUSE

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 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

WEDNESDAY, MARCH 21, 2001

3753

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. (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."

3754

JOURNAL OF THE HOUSE

"(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 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

WEDNESDAY, MARCH 21, 2001

3755

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 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

3756

JOURNAL OF THE HOUSE

(C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met." "(s)(1) An appropriation for public school outlay for any one fiscal year that is in addition to the annual fiscal year appropriation for school capital outlay will be deemed a 'special appropriation for school capital outlay' for purposes of this subsection when: (A) The appropriation is to the Georgia State Financing and Investment Commission; and (B) The Office of Planning and Budget confirms that a separate and substantial appropriation for public school capital outlay has been made during the same fiscal year to the board and Department of Education under another subsection of this Code section. (2) The State Board of Education shall promulgate rules, policies, standards, and guidelines for the disbursement and application of any special appropriation for school capital outlay and these rules, policies, standards, and guidelines shall be utilized by the commission in making disbursements and overseeing applications of said special appropriation. The state board may provide for disbursement for any capital outlay purpose permitted by this Code section, unless purposes are stated more narrowly by the special appropriation, and may provide for amendments to facilities plans for the limited purpose of this paragraph. The board may set priorities among the permitted purposes and may require each school system to apply its portion first to such priorities. (3) Each local school system shall be entitled to its portion of a special appropriation for school capital outlay based on the ratio of that systems needs to the total statewide need. The state board will provide for the determination of need as provided in this subsection and as otherwise provided in this Code section. No need will be authorized which is not a permitted capital outlay purpose under this Code section. (4) In providing for disbursement, the state board will determine whether: (A) To require local participation in capital expenditures funded by the special appropriation for school capital outlay. No local participation will be required which exceeds that otherwise required by this Code section; and (B) To allow a special appropriation for school capital outlay to be applied to reimbursement of current principal payments on local indebtedness. In making its determination, the board will consider the efficient and economical use of the special appropriation for school capital outlay and local revenues. (5) In providing for disbursement and application of a special appropriation for school capital outlay, the state board and the Georgia State Financing and Investment Commission will not be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 14. 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

WEDNESDAY, MARCH 21, 2001

3757

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 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

3758

JOURNAL OF THE HOUSE

maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; (5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both; and (6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made."
SECTION 15. 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, 20-2-285, and 20-2-286 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

WEDNESDAY, MARCH 21, 2001

3759

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 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 parent or guardian of the student shall be notified in writing by first-class 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, differentiated, 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; (B) The student shall be retested with a criterion-referenced 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; and (C) The student shall be given an opportunity for accelerated, differentiated, or additional instruction in the applicable subject; 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 firstclass mail the parent or guardian of the student and the teacher regarding the decision to retain the student. The notice shall describe the option of the parent, guardian, or teacher to appeal the decision to retain the student and shall further describe the composition and functions of the placement committee as provided for in this subsection, including the requirement that a decision to promote the student must be a unanimous decision of the committee; (C) If the parent, guardian, or teacher appeals the decision to retain the student, then the school principal or designee shall establish a placement 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 first-class mail the parent or

3760

JOURNAL OF THE HOUSE

guardian of the time and place for convening the placement committee; (D) The placement 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 that if promoted and given accelerated, differentiated, 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, differentiated, 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 shall serve as the placement committee; and (F) The decision of the placement 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, differentiated, or additional 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

WEDNESDAY, MARCH 21, 2001

3761

education.
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. 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 data 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;

3762

JOURNAL OF THE HOUSE

(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; (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."
SECTION 16. Said chapter is further amended in Code Section 20-2-290, relating to organization of schools, by striking subsections (b) and (c) 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:

WEDNESDAY, MARCH 21, 2001

3763

(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; provided that, in making such a determination the team shall consider the students performance on the criterion-referenced assessments authorized in Code Section 20-2-181;. 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 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.

3764

JOURNAL OF THE HOUSE

(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 17. 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 18. 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 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. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 19. Said chapter is further amended in Code Section 20-3-519.7, relating to PROMISE teachers scholarships, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:

WEDNESDAY, MARCH 21, 2001

3765

"(2) For a student in the junior year or a student in the senior year, have earned a minimum overall cumulative 3.2 3.0 postsecondary grade average at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;".
SECTION 20. 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 subject to appropriation by the General Assembly."
SECTION 21. Subsections (h) and (j) of Code Section 20-2-260, as set out in or amended by Section 13 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 22. Said chapter is further amended by striking paragraph (3) of Code Section 20-2-2062, relating to definitions applicable to charter schools, and inserting the following:
"(3) 'Charter school' means a public school that is operating under the terms of a charter granted by the state board."
SECTION 23. 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 24. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House adopt the report of the Committee of Conference on HB 656.
On the motion, the roll call was ordered and the vote was as follows:

3766

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 Y Buckner Y Bulloch E 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
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
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
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 E 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 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 motion, the ayes were 171, nays 1. The motion prevailed.

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.

HB 361. By Representatives Floyd of the 138th, Ray of the 128th, Purcell of the 147th and Hudson of the 156th:

WEDNESDAY, MARCH 21, 2001

3767

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 361

The Committee of Conference on HB 361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 361 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harold J. Ragan Senator, 11th District

/s/ Johnny Floyd Representative, 138th District

/s/ Rooney L. Bowen Senator, 13th District

/s/ Robert Ray Representative, 128th District

/s/ Jack Hill Senator, 4th District

/s/ Ann R. Purcell Representative, 147th District

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; to provide for practices, procedures, qualifications, and requirements; to provide for and to change certain time limits; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3768

JOURNAL OF THE HOUSE

SECTION 1. Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Cotton Producers Indemnity Fund of 1999, is amended by striking Code Section 2-19-1, relating to the enactment of said chapter, and inserting in its place a new Code section to read as follows:
"2-19-1. This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, as amended, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton."
SECTION 2. Said chapter is further amended by striking subsection (f) of Code Section 2-19-5, relating to the creation of the Georgia Cotton Producers Indemnity Fund of 1999, and inserting in its place the following:
"(f) If more than $5 million has been paid to cotton producers prior to January 1, 2000, and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be expended as provided in Code Section 2-19-5.1."
SECTION 3. Said chapter is further amended by striking Code Section 2-19-5.1, relating to cotton ginners and payment of excess funds, and inserting in its place the following:
"2-19-5.1. (a) As used in this Code section, the term:
(1) 'Contingent claim' means a claim filed because a trustee in bankruptcy had asserted, on or before March 1, 2001, a preference claim against the claimant to recover payments without which the claimant would have suffered a loss compensable under this chapter. 'Contingent claim' also means a claim that would have been contingent, if it had been filed by a producer on or before May 1, 2000, or by a ginner on or before July 1, 2000. (2) 'cotton Cotton ginner' means any person, firm, partnership, limited liability company, or corporation which operated a cotton gin in this state on May 1, 2000, and which incurred a loss as described in this Code section on or before May 1, 2000. (b) Notwithstanding If Congress so requires before January 1, 2002, notwithstanding any other provision of this chapter, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2000, after all valid and properly filed noncontingent claims of cotton producers filed on or before May 1, 2000, have been paid and after all valid and properly filed contingent claims of cotton producers filed on

WEDNESDAY, MARCH 21, 2001

3769

or before August 1, 2001, have been paid, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999, shall be paid to cotton ginners who:
(1) Incurred a loss as the result of the business failure of any cotton buyer doing business in this state or the failure or refusal of any such cotton buyer to pay the contracted price which had been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state; (2) Paid cotton producers the amount which the cotton ginner had agreed to pay for such cotton received from such cotton producers in this state; (3) Notified the Commissioner on or before May 1, 2000, either orally or in writing, of a loss sustained by such cotton ginner as a result of the business failure of any cotton buyer doing business in this state or the failure or refusal of such cotton buyer to pay the contracted price which had been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state; and (4) File Filed any noncontingent claim for indemnification from the Georgia Cotton Producers Indemnity Fund of 1999 with the Commissioner, in writing and accompanied by sufficient proof of such losses, on or before July 1, 2000, or filed any contingent claim on or before August 1, 2001. (c) Claims shall be filed by cotton ginners, shall contain the same information, and shall be verified in the same manner as provided in Code Section 2-19-4 for claims by cotton producers. The Commissioner shall have the same powers and duties to investigate, process, and pay claims of cotton ginners as provided in Code Section 219-3 for claims of cotton producers. Claims and the acceptance of payments on such claims shall be subject to Code Sections 2-19-6 and 2-19-7. Properly filed, verified, and proven claims filed by cotton ginners on or before July 1, 2000, shall be paid by the Commissioner from the fund on or before December 31, 2000 2001, or as soon as administratively practical thereafter. Such claims shall be paid only from moneys remaining in the fund on January 1, 2000. The payment of such claims shall not affect any payments which have previously been made to cotton producers from the fund. If insufficient moneys remain in the fund to pay the total amount of all claims filed by cotton ginners, claims shall be paid on a proportional basis, based on the ratio of each cotton ginners properly filed and proven claim to the total of all cotton ginners claims properly filed and proven. Any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2001 2002, after the payment of claims shall be paid into the general fund of the state treasury. (d) Also notwithstanding any other provision of this chapter, including subsection (c) of this Code section, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 after all valid and properly filed noncontingent claims of cotton producers have been paid, shall also be paid to eligible cotton producers who filed contingent but otherwise valid claims on or before August 1, 2001. (e) For a contingent claim to be paid, the claimant must tender proof acceptable to the Commissioner no later than November 30, 2001, that the contingency has occurred and

3770

JOURNAL OF THE HOUSE

the claimant has suffered the loss which would have been eligible but for the alleged preference payments. A contingent claim may be paid from the fund only to the extent of the actual recovery by the trustee. The Commissioner shall consider the reasonableness of any settlement or any apparent failure to litigate in good faith with the trustee. The Commissioner may cast upon contingent claimants the burden of proving the reasonableness of any settlement or apparent failure to litigate in good faith."
SECTION 4. Said chapter is further amended by striking Code Section 2-19-6, relating to stipulations on acceptances of indemnity payments, subrogation and recovery of payments by the Commissioner, and inserting in its place the following:
"2-19-6. (a) Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter. (b) Alternatively, if Congress so requires,
(1) Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the Georgia Cotton Producers Indemnity Fund of 1999, any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be deemed a condition of any claim filed pursuant to this chapter. (2) The proceeds of any bond collected by the commissioner for the benefit of claimants, who have been paid by the Indemnity Fund, to that extent will be paid into the fund."
SECTION 5. The General Assembly hereby declares that if any part of this Act is declared unconstitutional, it would have enacted any remaining parts of the Act which preserve its essential intent.

WEDNESDAY, MARCH 21, 2001

3771

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Floyd of the 138th moved that the House adopt the report of the Committee of Conference on HB 361.

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
Buckner Y Bulloch E 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 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
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 N Joyce N Kaye Y Keen Y Knox Y Lane
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 N Millar Y Mills E 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 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

3772

JOURNAL OF THE HOUSE

On the motion, the ayes were 160, nays 9. The motion prevailed.

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 367

The Committee of Conference on HB 367 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 367 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ William G. Hamrick Senator, 30th District

/s/ Roger Byrd Representative, 170th District

/s/ Carol Jackson Senator, 50th District

/s/ Ray Holland Representative, 157th District

/s/ Michael S. Meyer von Bremen Senator, 12th District

/s/ Calvin Smyre Representative, 136th District

A BILL To enact the "Corruption Prevention Act;" to provide a short title; to amend Title 45 of

WEDNESDAY, MARCH 21, 2001

3773

the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the procedures relating to the indictment of certain public officials; 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; to limit compensation; to provide for replacement officials; to amend Code Section 17-7-52 of the Official Code of Georgia Annotated, relating to the procedure for indictment of a peace officer for crime in performance of duties, so as to include former peace officers; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Corruption Prevention Act."
SECTION 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new Code Section 45-5-6.2 to read as follows:
"45-5-6.2. (a) As used in this Code section, the term:
(1) 'Authority official' means any appointed member of a governing body of a local authority. (2) 'Local authority' includes without limitation instrumentalities of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality. The term does not include state authorities. Such local authorities may have been created by local constitutional amendment, general statute, or local law. (b) Unless otherwise provided by general law, upon indictment of an authority official for a felony offense by a grand jury of this state or by the United States, the governing authority of the county or municipality that appointed the authority official may, by resolution entered on the minutes of the governing authority, suspend the authority official from the appointed office immediately and without further action pending the final disposition of the case or until the expiration of his or her appointed term of office, whichever occurs first. During the term of the office to which such officer was appointed and in which the indictment occurred, if a nolle prosequi is entered, if the authority official is acquitted, or if, after conviction, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the authority official shall be immediately reinstated to the office from which he or she was suspended. If the local authority is a joint authority or regional authority with appointments from more than one county, municipality, or combination of counties and municipalities, the governing authority of the county or municipality which was

3774

JOURNAL OF THE HOUSE

responsible for the appointment shall be authorized to suspend the indicted authority official. (c) If the suspended authority official is compensated for his or her duties on behalf of the local authority, the authority official shall continue to receive the compensation from his or her office until a conviction. After a conviction, the authority official shall not be entitled to receive the compensation from his or her office. If the authority official is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Code section. For the purpose of this Code section, a plea of nolo contendere shall be considered a conviction. (d) For the duration of any suspension of any authority official under this Code section, a replacement official for the authority official suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the governing authority of the county or city responsible for the initial appointment shall appoint a replacement officer for the authority official suspended. Upon final conviction and after exhaustion of all appeals, if any, the office of the authority official shall be vacated immediately without further action. Said vacancy shall be filled by the replacement official appointed pursuant to this subsection for the balance of the appointed term of the convicted authority official."
SECTION 3. Said title is further amended by striking Code Section 45-11-4, relating to malpractice, partiality, neglect of duties, conduct unbecoming office, or demanding more cost than that to which entitled, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows:
"45-11-4. (a) As used in this Code section, the term:
(1) 'County officer' shall mean any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) 'Municipal officer' shall mean any mayor or elected member of any municipal governing authority. (3) 'Public officer' shall mean a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11. (b) Any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, or any mayor or member of any municipal governing authority, presently or formerly holding such office, who shall be charged with malpractice A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; or with

WEDNESDAY, MARCH 21, 2001

3775

(2) Using using oppression or tyrannical partiality in the administration or under the color of his or her office; or, (3) When when required by law, with willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; or with (4) Using using any other deliberate or illegal means to delay or avoid the due course or proceeding of law; or with any other illegal conduct in the performance or administration of the office which is unbecoming the character of a public officer; or who shall (5) Willfully willfully and knowingly demand demanding more cost than he or she is entitled to by law in the administration and under color of his or her office may be indicted. (c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor and, upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders. (f) The Any indictment brought pursuant to subsection (b) of this Code section shall specially set forth the merits of the complaint against the accused public officer. A copy of the proposed bill of indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. (g) The accused shall have the right to appear before the grand jury to make such sworn statement as he or she shall desire at the conclusion of the presentation of the states evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his or her counsel to examine the states witnesses. The accused and his or her counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which he the accused and his or her counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. (h) At any time during the presentation of evidence or during deliberations, the grand jury may amend the indictment or instruct the district attorney to cause a new indictment to be drawn as in any other case. In such case, a copy of the amendment or new indictment, if it relates to the accused public official, shall be provided to the accused public official and his or her counsel. (i) If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a petit jury. If the accused is convicted, he shall be punished by a

3776

JOURNAL OF THE HOUSE

fine or by imprisonment, or both, at the discretion of the court; and, if still in office, he shall be removed from office."
SECTION 4. Said title is further amended by striking Code Section 45-15-11, relating to rights of state official before grand jury when charged with misfeasance or malfeasance, and inserting in lieu thereof a new Code Section 45-15-11 to read as follows:
"45-15-11. Before an indictment charging any state official with misfeasance or malfeasance in office violating subsection (b) of Code Section 45-11-4 is presented to a grand jury, the rights provided in Code Section 45-11-4 shall be afforded said official and the district attorney of the county where the grand jury will convene shall notify the Attorney General of such contemplated action."
SECTION 5. Code Section 17-7-52 of the Official Code of Georgia Annotated, relating to the procedure for indictment of a peace officer for crime in performance of duties, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) Before an indictment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by a grand jury, the officer shall be notified of the contemplated action by the district attorney of the county wherein the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4."
SECTION 6. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The provisions of Section 2 of this Act shall not apply to any indictment handed down prior to the effective date of this Act. (c) The provisions of Section 5 of this Act shall apply only to crimes committed on or after the effective date of this Act. (d) The provisions of Sections 3 and 4 of this Act shall apply to crimes committed before, on, and after the effective date of this Act.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 170th moved that the House adopt the report of the Committee of Conference on HB 367.
On the motion, 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 N Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch E 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

WEDNESDAY, MARCH 21, 2001

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 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 N Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford N Maddox Y Mangham E Mann Y Manning Y Martin Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills E 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 N 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
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

3777
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 Y Stallings Y Stancil N 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 motion, the ayes were 163, nays 5. The motion prevailed.

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

3778

JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 385

The Committee of Conference on HB 385 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 385 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Rooney L. Bowen Senator, 13th District

/s/ Bobby E. Parham Representative, 122nd District

/s/ Jack Hill Senator, 4th District

/s/ Jimmy Skipper Representative, 137th District

/s/ Thompson Senator, 33rd District

/s/ Charlie Smith, Jr. Representative, 175th District

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the Blue Ribbon Young Driver and DUI Study Commission; 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

WEDNESDAY, MARCH 21, 2001

3779

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 amend Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," so as to expressly authorize driver training courses to be conducted by secondary schools; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-0. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by inserting a new Code Section 40-5-7 to read as follows: "40-5-7. (a) There is created the Blue Ribbon Young Driver and DUI Study Commission to be composed of 21 members to be appointed as follows: seven members shall be appointed by the Governor, seven members shall be appointed by the President of the Senate, and seven members shall be appointed by the Speaker of the House of Representatives. In making such appointments, due consideration shall be given to appointing persons from geographic areas throughout the state and to including persons who work in law enforcement, parents of young drivers, and relatively young or less experienced drivers. The Governor shall designate a person to serve as chairperson of the commission. The chairperson shall call all meetings of the commission. (b) The commission shall undertake a study of the special conditions, needs, issues, and problems related to: (1) Young drivers in this state, including without limitation issues concerning driver education and appropriate driving age for rural and urban areas; and (2) Drivers who operate motor vehicles while under the influence of alcohol or other intoxicating substances. (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 powers, perform its duties, and accomplish the objectives and purposes of this Code section, provided that the commission shall give due regard to conducting hearings at locations throughout the state.

3780

JOURNAL OF THE HOUSE

(d) Any legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized by concurrence of the Governor, President of the Senate, and Speaker of the House of Representatives. Any members of the commission who are public officers of the executive branch shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. Any members of the commission who are not legislative members or public officers of the executive branch shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The funds necessary for the reimbursement of the expenses of the public officers of the executive branch shall come from funds appropriated or otherwise available to their departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate. (e) The commission shall recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall make an interim report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and the General Assembly not later than December 15, 2001. The commission shall make a final report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and the General Assembly not later than June 30, 2002. (f) The commission shall stand abolished and this Code section shall be automatically repealed on December 31, 2002."
SECTION 1-1. Said title is further 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

WEDNESDAY, MARCH 21, 2001

3781

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
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

3782

JOURNAL OF THE HOUSE

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 paragraphs (1) and (2) of subsection (b), subsection (c), and subparagraph (g)(2)(E) and inserting in lieu thereof the following:
"(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia 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 0.02 grams or more, your Georgia drivers license or privilege to drive on the highways of this state will be suspended and, if you are convicted of having such an alcohol concentration, will be revoked may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(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. Will you submit to the state administered chemical tests of your

WEDNESDAY, MARCH 21, 2001

3783

(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 (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.

3784

JOURNAL OF THE HOUSE

(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 (5) of subsection (a), paragraphs (2) and (3) of subsection (c), and paragraph (4) of subsection (k) and inserting in lieu thereof the following:

WEDNESDAY, MARCH 21, 2001

3785

"(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, in accordance with subparagraph (F) of this paragraph, 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 72 hours of actual incarceration; (C) Not less than 80 hours 30 days 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 A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of

3786

JOURNAL OF THE HOUSE

imprisonment imposed under this subparagraph The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, 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 15 days of actual incarceration; (C) Not less than 20 30 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 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 subsections (b), (c), and (e) 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 as follows:
(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; or (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 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

WEDNESDAY, MARCH 21, 2001

3787

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;. (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)(c)(.1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (5) of subsection (a) of Code Section 40-6-391, if 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 in the persons blood, breath, or urine, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391. (c)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6391, 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 0.04 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6391, 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 0.02 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." "(e)(1) A certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was a licensed or certified physician, physicians assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn; (2) Testimony, under oath, of the blood drawer; or (3) Testimony, under oath, of the blood drawers supervisor or medical records custodian that the blood drawer was properly trained and authorized to draw blood as an employee of the medical facility or employer shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section."
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

3788

JOURNAL OF THE HOUSE

another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 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 of the Official Code of Georgia Annotated, 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 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

WEDNESDAY, MARCH 21, 2001

3789

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. (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

3790

JOURNAL OF THE HOUSE

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 ten days after the date on which such suspension or revocation concludes person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violators probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. 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 if such is still applicable. (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 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

WEDNESDAY, MARCH 21, 2001

3791

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."
SECTION 1-10. Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The Any public or private secondary school may conduct driver training courses, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses and to instructors therefor."
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

3792

JOURNAL OF THE HOUSE

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 plates of all motor vehicles 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 each 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 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

WEDNESDAY, MARCH 21, 2001

3793

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 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

3794

JOURNAL OF THE HOUSE

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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (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

WEDNESDAY, MARCH 21, 2001

3795

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:
"(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

3796

JOURNAL OF THE HOUSE

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 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."

WEDNESDAY, MARCH 21, 2001

3797

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 plates of all motor vehicles 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 each 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 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

3798

JOURNAL OF THE HOUSE

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. (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:

WEDNESDAY, MARCH 21, 2001

3799

"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 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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (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

3800

JOURNAL OF THE HOUSE

(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 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:

WEDNESDAY, MARCH 21, 2001

3801

"(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:
"(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

3802

JOURNAL OF THE HOUSE

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.

Representative Smith of the 175th moved that the House adopt the report of the Committee of Conference on HB 385.

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 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 N 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 N 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 Y Ragas Y Randall Y Ray Y Reece Y Reed N 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 Y Tillman

E 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

WEDNESDAY, MARCH 21, 2001

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 Y McCall Y McClinton
McKinney Y Millar Y Mills E 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

3803
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 motion, the ayes were 171, nays 3. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 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.

The following Senate amendment was read:

Amend the House substitute to SB 134 by striking lines 12 through 14 on page 4 and

3804

JOURNAL OF THE HOUSE

inserting in lieu thereof the following:
"or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or".
By striking from lines 24 through 26 of page 5 the following:
", one member of the State Transportation Board to be selected by and serve at the pleasure of the State Transportation Board"
By striking lines 29 through 35 on page 9 and inserting in lieu thereof the following:
"(c) For the purpose of issuance and use of the proceeds of garvee bonds the authority and the department shall give priority, as far as reasonably practicable in the judgment of the department, to the completion of those portions of the Developmental Highway System as set out in paragraphs (1) through (13) and paragraphs (15) and (16) of subsection (a) of Code Section 32-4-22 and such further paragraphs as may be added to such subsection from time to time, with due regard to the timely and economical completion of the portion set out in paragraph (14) thereof."

Representative Smith of the 175th moved that the House agree to the Senate amendment to the House substitute to SB 134.

On the motion, 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 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 N Franklin

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 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 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 Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell
Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, MARCH 21, 2001

Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson N 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 Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar
Mills E Mobley Y Morris Y Mosley

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 Y Sims Y Sinkfield Y Skipper Y Smith, B

3805
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
Willard Y Williams Y Wix N Yates
Murphy, Speaker

On the motion the ayes were 157, nays 10. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 734
The Committee of Conference on HB 734 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 734 be adopted.

3806

JOURNAL OF THE HOUSE

FOR THE SENATE:
/s/ Hecht Senator, 34th District
/s/ Hooks Senator, 14th District
/s/ Michael S. Meyer von Bremen Senator, 12th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jimmy Skipper Representative, 137th District
/s/ Larry Walker Representative, 141st District
/s/ Jo Ann McClinton Representative, 68th District

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; 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

WEDNESDAY, MARCH 21, 2001

3807

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. (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.

Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on HB 734.

On the motion, 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

3808
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 E 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 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 Y 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 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 E 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 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, T Y Smith, V Y Smyre Y Snelling
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 motion, the ayes were 172, nays 0. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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

WEDNESDAY, MARCH 21, 2001

3809

repealer; 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 Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the definition of certain terms; 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 their entirety paragraphs 8, 9, and 10 of Code Section 43-10-1, relating to definitions applicable under said chapter, and inserting in lieu thereof the following:
"(8) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical institutes colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter.; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (9) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical institutes colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter.; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'

3810

JOURNAL OF THE HOUSE

(10) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section. Technical institutes colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter.; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'"
SECTION 2. Said chapter is further 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 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.

WEDNESDAY, MARCH 21, 2001

3811

(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 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

3812

JOURNAL OF THE HOUSE

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 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 3. 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

WEDNESDAY, MARCH 21, 2001

3813

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. (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.

3814

JOURNAL OF THE HOUSE

(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 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

WEDNESDAY, MARCH 21, 2001

3815

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."
SECTION 4. 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

3816

JOURNAL OF THE HOUSE

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

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

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

Y 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
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 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

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

WEDNESDAY, MARCH 21, 2001

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 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 E Mobley Y Morris Y Mosley

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

3817
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 169, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 776. By Representative Collins of the 29th:
A RESOLUTION expressing regret at the passing of Judy Howard Hawkins; and for other purposes.

HR 777. By Representative Collins of the 29th:
A RESOLUTION recognizing and commending St. Thomas Catholic Church; and for other purposes.

3818

JOURNAL OF THE HOUSE

HR 778. By Representatives Byrd of the 170th and Brooks of the 54th:
A RESOLUTION commending Theodore (Ted) Watkins; and for other purposes.

HR 779. By Representatives Byrd of the 170th, Mosley of the 171st and Coleman of the 80th:
A RESOLUTION commending Ronald M. Dixon; and for other purposes.

HR 780. By Representatives Byrd of the 170th and Coleman of the 142nd:
A RESOLUTION commending Robbie Mims Gordon and Jack Lowery; and for other purposes.

HR 781. By Representative Holland of the 157th:
A RESOLUTION commending Mrs. Julie Rivers Sumner; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 479. By Representatives Holmes of the 53rd, Hudson of the 120th, DeLoach of the 172nd, Watson of the 70th and Mobley of the 69th:
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 Senate amendment was read:

WEDNESDAY, MARCH 21, 2001

3819

Amend HB 479 by striking "to provide that the word 'withdrawn' shall be stamped across the name of the withdrawn candidate on printed ballots if reprinting the ballots is not practicable;" on lines 17 through 19 of page 1 and by striking Section 8 in its entirety and renumbering Sections 9 through 47 as Sections 8 through 46, respectively.

Representative Holmes of the 53rd moved that the House agree to the Senate amendment to HB 479.

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 E Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway N 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 N Day Y Dean Y Deloach, B Y Deloach, G Y Dix
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 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
McCall Y McClinton
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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 Reece Y Reed N 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 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 Y 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 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 motion, the ayes were 156, nays 17.

3820

JOURNAL OF THE HOUSE

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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.

Representative Coleman of the 142nd moved that the House waive the one hour rule to have the Conference Committee Report lay on the desks.

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

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

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

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

Y Mueller Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed N Reese Y Reichert N 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 Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Turnquest

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

WEDNESDAY, MARCH 21, 2001

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, N

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

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

3821
Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson N Willard N Williams Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 111, nays 51. The motion prevailed.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 1

The Committee of Conference on SB 1 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 1 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Bobby E. Parham Representative, 122nd District

/s/ Phil Gingrey Senator, 37th District

/s/ Butch Parrish Representative, 144th District

/s/ Rooney Bowen Senator, 13th District

/s/ Warren Massey Representative, 86th District

3822

JOURNAL OF THE HOUSE

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to 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; 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 licensing exemptions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART 1 SECTION 1-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by adding to Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, a new subsection (a.2) to read as follows:
"(a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D drivers license or, in the case of a person who has never been issued a Class D drivers license by the department or the equivalent thereof by any other jurisdiction, any initial Class C drivers license unless such person:
(A) Has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 20 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or (B) Has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles. (3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is

WEDNESDAY, MARCH 21, 2001

3823

licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver."
SECTION 1-2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, and inserting in lieu thereof the following:
"(b)(1) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D drivers license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D drivers license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or drivers license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or drivers license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or drivers license toward meeting the eligibility requirements for a Class D drivers license the same as if such previously issued permit or drivers license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D drivers license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. 12:00 Midnight and 5:00 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless: (i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis; (ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student; (iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or (iv) For the purpose of a medical, fire, or law enforcement related emergency; and. (B)(i) Any The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the drivers immediate family are less than 21 years of age; and

3824

JOURNAL OF THE HOUSE

(ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the drivers immediate family; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph paragraph alone but may be charged with violating this subparagraph paragraph in addition to any other traffic offense. (2)(3) A person who has been issued a Class D drivers license under this subsection and has never been issued a Class C drivers license under this chapter will become eligible for a Class C drivers license under this chapter only if such person has a valid Class D drivers license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C drivers license, has not been convicted of a violation of Code Section 40-6-391, 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, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age."
SECTION 1-3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, and inserting in lieu thereof the following:
"(a) The department shall examine every applicant for a drivers license. Such examination shall include a test of the applicants eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may shall also include an actual demonstration of a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after the effective date of such requirement. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
PART 2 SECTION 2-1.

WEDNESDAY, MARCH 21, 2001

3825

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a licensed driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27."
SECTION 2-2. Said chapter 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, 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; and the drivers license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. 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

3826

JOURNAL OF THE HOUSE

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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (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

WEDNESDAY, MARCH 21, 2001

3827

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."
PART 3 SECTION 3-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance

3828

JOURNAL OF THE HOUSE

with the Department of Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a licensed driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27."
SECTION 3-2. Said chapter 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; and the drivers license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. 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

WEDNESDAY, MARCH 21, 2001

3829

(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 such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (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

3830

JOURNAL OF THE HOUSE

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 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."
PART 4 SECTION 4-1.
(a) This Act shall become effective on January 1, 2002, except as otherwise provided by subsection (b) of this section.
(b)(1) This section shall become effective on July 1, 2001. (2) Section 1-1 of this Act shall become effective on July 1, 2001, for purposes of promulgating rules or regulations and shall become effective for all other purposes on January 1, 2002. (3) Subsection (a) of Code Section 40-5-27 as amended by this Act shall become effective six months after the effective date of appropriation by the General Assembly of sufficient funds for purposes of such amendment. (4) Each provision amended in Part 3 of this Act shall become effective and supersede that respective provision amended in Part 2 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.

Representative Parham of the 122nd moved that the House adopt the report of the Committee of Conference on SB 1.

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 Cox Y Crawford Y Cummings
Davis Y Day Y 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 Y Buckner Y Bulloch E 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

WEDNESDAY, MARCH 21, 2001

Y Deloach, B 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 Y Holmes Y Houston Y Howard
Hudgens Y Hudson, N

Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan N 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
McKinney Y Millar Y Mills E Mobley Y Morris Y Mosley

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

3831
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
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 motion, the ayes were 158, nays 2. The motion prevailed.

Representative Yates of the 106th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

3832

JOURNAL OF THE HOUSE

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 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.
The Senate has passed by the requisite constitutional majority, the following bills of the House:
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.
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.
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.
HB 833. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:

WEDNESDAY, MARCH 21, 2001

3833

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.
HB 857. By Representatives Wix of the 33rd, Manning of the 32nd, Johnson of the 35th, Parsons of the 40th, Collins of the 29th and others:
A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.
HB 864. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Jackson of the 148th and Pelote of the 149th:
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.
HB 874. By Representative Purcell of the 147th:
A BILL to amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," so as to provide additional members for such authority; and for other purposes.
HB 877. By Representatives Parsons of the 40th, Franklin of the 39th, Hines of the 38th, Wix of the 33rd, Manning of the 32nd and others:
A BILL to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of the judges of the Juvenile Court of Cobb County; and for other purposes.
HB 879. By Representatives Royal of the 164th, Sholar of the 179th, Bulloch of the 180th, Houston of the 166th and Scott of the 165th:
A BILL to create the South Georgia Governmental Services Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; and for other purposes.

3834

JOURNAL OF THE HOUSE

HB 880. By Representatives Snow of the 2nd, Joyce of the 1st and Reece of the 11th:
A BILL to provide for the filling of vacancies in the office of sheriff of Walker County; and for other purposes.
HB 881. By Representatives Richardson of the 26th and Murphy of the 18th:
A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to provide for residency requirements; to change the compensation of the chairperson and members of the commission; and for other purposes.
HB 882. By Representative Skipper of the 137th:
A BILL to amend an Act creating the Sumter County Livestock Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.
HB 884. By Representative Houston of the 166th:
A BILL to establish the Adel/Cook County Tourism Authority; and for other purposes.
HB 903. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act providing for the Board of Education of Peach County, so as to change the provisions relating to the compensation of members of the board of education; and for other purposes.
HB 904. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to provide for the filling of vacancies in the office of sheriff of Columbia County; and for other purposes.
HB 905. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend an Act providing for the compensation, expenses, and benefits of the coroner of Columbia County, so as to change the compensation of the coroner; and for other purposes.
HB 906. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend an Act providing for a supplement to the compensation,

WEDNESDAY, MARCH 21, 2001

3835

expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, so as to clarify the manner by which such salaries are calculated; and for other purposes.
HB 907. By Representatives Knox of the 28th and Reese of the 85th:
A BILL to amend an Act creating a board of commissioners of Forsyth County, so as to change the manner of electing the chairperson and other members of the board of commissioners; and for other purposes.
HB 908. By Representative Byrd of the 170th:
A BILL to amend an Act creating the Board of Commissioners of Appling County, so as to change the provisions relating to the compensation and expenses of the chairperson and members of the board of commissioners; to provide for the power of the chairperson of the board of commissioners to veto ordinances, resolutions, or portions thereof; and for other purposes.
HB 909. By Representative Byrd of the 170th:
A BILL to amend an Act incorporating and providing a new charter for the City of Graham, so as to change the provisions relating to municipal elections; to change the provisions relating to the terms of office and the election of the mayor and councilmembers; and for other purposes.
HB 910. By Representatives Stallings of the 100th, Murphy of the 18th and West of the 101st:
A BILL to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; and for other purposes.
HB 921. By Representative Holland of the 157th:
A BILL to provide a new charter for the City of Ashburn; and for other purposes.
HB 922. By Representative Jenkins of the 110th:
A BILL to amend an Act entitled "An Act creating the board of commissioners of Monroe County so as to change the amount of compensation of the chairperson and members of the board of commissioners; and for other purposes.

3836

JOURNAL OF THE HOUSE

HB 923. By Representatives McClinton of the 68th, McKinney of the 51st, Sinkfield of the 57th, Irvin of the 45th, Brooks of the 54th and others:
A BILL to provide for a homestead exemption from all City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled and whose annual household income does not exceed $25,000.00; and for other purposes.
HB 924. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to provide for the appointment of members of the authority; to provide for the filling of vacancies; and for other purposes.
HB 925. By Representative Holland of the 157th:
A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for an appointment of a city manager; to provide for the method of appointment and removal of the city manager; to establish the qualifications, powers, and duties of the city manager; to modify the powers of the mayor; to increase the compensation of the mayor and council; and for other purposes.
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.
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

WEDNESDAY, MARCH 21, 2001

3837

misdemeanor to a misdemeanor of high and aggravated nature; and for other purposes.
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.
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.
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.
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.
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.
The Senate recedes from its substitute to the following bills of the House:

3838

JOURNAL OF THE HOUSE

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.
HB 641. By Representatives Powell of the 23rd, Wix of the 33rd, Hudgens of the 24th and Houston of the 166th:
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 Senate recedes from its amendment to the following bill of the House:
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.
The Senate recedes from its amendment to the House substitute to the following bill of the Senate:
SB 93. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 21, 2001

3839

The Senate has agreed to the House substitute to the following bills and resolution 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.
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 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 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

3840

JOURNAL OF THE HOUSE

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 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 270. By Senators Kemp of the 3rd, Hecht of the 34th and Ray of the 48th:
A bill to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow state and magistrate court judges to set bond under certain circumstances; to provide for related matters; 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
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.

WEDNESDAY, MARCH 21, 2001

3841

SB 139. By Senators Lee of the 29th, Ragan of the 11th, Gillis of the 20th and Hooks of the 14th:
A bill 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.
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 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.
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

3842

JOURNAL OF THE HOUSE

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 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.
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 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 274. By Senators Lee of the 29th, Meyer von Bremen of the 12th, Jackson of the 50th, Hill of the 4th, Golden of the 8th and others:

WEDNESDAY, MARCH 21, 2001

3843

A bill to be entitled an Act 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 shall pay the first salary payment on the last day of the month in which service is rendered; to repeal conflicting laws; and for other purposes.
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 254. By Senators Hecht of the 34th, Polak of the 42nd, Kemp of the 3rd and Brown of the 26th:
A bill to be entitled an Act to amend Chapter 14 of Title 43 of the O.C.G.A., relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to repeal conflicting laws; and for other purposes.
SB 213. By Senator Hill of the 4th:
A bill to be entitled an Act to amend Code Section 15-7-21 of the O.C.G.A., relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the O.C.G.A., relating to nonpartisan primaries and elections for members of

3844

JOURNAL OF THE HOUSE

boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the O.C.G.A., relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 239. By Senators Lee of the 29th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to codification of local government ordinances, so as to change the provisions relating to definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; 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.
SR 134. By Senators Walker of the 22nd, Dean of the 31st, Gillis of the 20th, Hooks of the 14th, Harbison of the 15th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
The Senate has agreed to the House amendment to the following bills and resolution of the Senate:
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

WEDNESDAY, MARCH 21, 2001

3845

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 308. By Senator Hamrick of the 30th:
A bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), so as to change the composition, qualifications, and terms of office of members of that authority; to provide for nonvoting membership and abolition thereof; to provide for quorum, vacancies, compensation, and reports and audits; 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.
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 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.

3846

JOURNAL OF THE HOUSE

SR 183. By Senator Smith of the 25th:
A resolution designating the "Baldwin Veterans Memorial Highway;" and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:
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.
The Senate has agreed to the House amendment to the Senate amendment to the following bills and resolution of the House:
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.
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.

WEDNESDAY, MARCH 21, 2001

3847

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.
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.
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.
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.
The Senate has agreed to the House amendment to the Senate substitute to the following bills of the House:
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

3848

JOURNAL OF THE HOUSE

Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration; and for other purposes.
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.
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.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
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.
SB 205. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act 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

WEDNESDAY, MARCH 21, 2001

3849

of certain personal information in all records; to provide for related matters; to repeal conflicting laws; and for other purposes.

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.

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.

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.

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

3850

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.

WEDNESDAY, MARCH 21, 2001

3851

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.
The Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION 2001

PART I -PART II -PART III -PART IV -PART V --

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
A CELEBRATION OF GOLF IN GEORGIA FOR 2001; recognize................. HR 493 A. S. NEWTON HIGHWAY; designate................................................................. HR 278 ABANDONMENT, CHILD; Safe Place for Newborns Act of 2001; enact........... HB 360 ABANDONMENT, MOTOR VEHICLES
Removal from public property after 2 days ........................................................... SB 105 ABERCROMBIE, HONORABLE CLAUDE; commend .................................... HR 699 ABORTION
First trimester abortions; regulate certain facilities ............................................... HB 953 Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462 ABUSED WOMEN AND CHILDREN, INC.; commend..................................... HR 376 ACADEMIC BOWL FOR MIDDLE GRADES FINALISTS; commend .......... HR 572 ACUPUNCTURE; licensure; delete test requirement; temporary licenses............. SB 75 AD VALOREM TAX Appeals; taxpayer representation........................................................................... HB 418 Assessments; appeals to superior court; amend provisions................................... HB 431 Certain dockside facilities; separate class of property - CA.................................. HR 364
Refer to numerical index for page numbers

3856

INDEX

Certain inventory; exemption ................................................................................ HB 214 Commercial fishing vessels; separate class of property - CA ............................... HR 363 County boards of equalization; appeals to superior court ..................................... HB 506 County boards of equalization; appeals to superior court ..................................... HB 511 County boards of equalization; appeals to superior court; repeal certain right ..... HB 459 County boards of equalization; appeals to superior court; repeal certain right ..... HB 503 County boards of equalization; members; qualifications ...................................... HB 456 County boards of tax assessors; length of appointments....................................... HB 843 County officers; minimum salaries; statutes; census effective
date for certain purposes...................................................................................... HB 302 Exempt certain equipment; family owned farm products producer ...................... HB 37 Exempt nonprofit homes for aged ......................................................................... HB 821 Exempt passenger motor vehicles ......................................................................... HB 429 Fair market value; income tax credits; low-income housing................................. HB 509 Freeport; include business inventory of taxpayer.................................................. HB 707 Heavy-duty equipment motor vehicles; amend provisions.................................... HB 974 Heavy-duty equipment motor vehicles; rentals ..................................................... HB 364 Homestead exemption; amount of state levy......................................................... HB 213 Homestead exemption; certain assessed value difference..................................... HB 347 Homestead exemption; certain assessed value difference..................................... HB 408 Homestead exemption; certain residents ............................................................... HB 299 Homestead exemption; married person not living with spouse............................. HB 331 Income tax credits; low-income housing............................................................... HB 572 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Joint Study Committee on Border Communities of Georgia; create..................... SR 134 Millage rate; public hearing................................................................................... HB 598 Mobile home decal; failure to display; prosecution .............................................. HB 134 Mobile homes; amend provisions.......................................................................... HB 262 Motor vehicle rentals; excise tax ........................................................................... HB 48 Municipal taxes; collection by county tax commissioner; amend provisions ...... HB 944 Personal property exemption; increase amount; state-wide referendum
election November, 2002..................................................................................... SB 150 Preferential assessments; nonresidents.................................................................. HB 911 Property appraisal; acquisition date value - CA .................................................... HR 1 Property valuations; repeal certain prohibitions.................................................... HB 243 Redefine current use value, fair market value, freeport ........................................ HB 57 State levy; fund additional appraisers - CA........................................................... HR 257 Tax commissioners and employees; certain counties; mandatory training ........... HB 142 Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law - CA............................................. HR 344 Unpaid taxes; certain elderly and lower income taxpayers; waive interest........... HB 547
ADAMS, JAMES LEE; commend.......................................................................... HR 113
Refer to numerical index for page numbers

INDEX

3857

ADAMS, JUDGE ROSS J.; condolences ............................................................... HR 510
ADAMS, SALLY; commend ................................................................................... HR 541
ADEL, CITY OF; Adel/Cook County Tourism Authority; create .......................... HB 884
ADJOURNMENT Adjourn 1/12/01; reconvene 1/22/01..................................................................... SR 5 Adjourn 1/12/01; reconvene 1/23/01..................................................................... HR 15 Adjourn 1/26/01; reconvene 1/29/01..................................................................... HR 91 Adjourn 2/5/01; reconvene on 2/7/01.................................................................... HR 216 Adjourn 2/16/01; reconvene 2/20/01..................................................................... SR 165 Adjourn 2/22/01; reconvene 2/26/01..................................................................... HR 365 Adjourn 2/27/01; reconvene 3/1/01....................................................................... HR 407 Adjourn 3/8/01; reconvene 3/12/01....................................................................... SR 340 Adjourn 3/15/01; reconvene 3/19/01; adjourn 3/19/01; reconvene 3/21/01 ......... SR 405
ADMINISTRATIVE PROCEDURE EMS technicians, paramedics, and cardiac technicians; regulations; transfer functions to Department of Human Resources ...................................... SB 132 Environmental Protection Division Agricultural Advisory Committee; create .... HB 942 Higher Education Savings Plan; enact .................................................................. HB 417 Natural gas marketers; pricing, billing, meter reading; emergency directives; customer disputes; assist low-income persons................................... SB 217
ADMINISTRATIVE SERVICES, DEPARTMENT OF Bids; display certain information on the Internet .................................................. HB 445 Minority business enterprise; redefine "minority"................................................. HB 225 Minority business enterprise; redefine "minority"................................................. HB 738 State agencies; decentralization; reduction in Atlanta Metro Area employees ..... HB 35 State printing and access; urge DOAS and Georgia Technology Authority; electronic directory ............................................................................ HR 338 State purchasing; contracts awarded by sealed bidding; reverse auctions; electronic bids; on competitive dollar limits........................................ SB 111
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOPTION Vital records; certain birth certificates; amend provisions.................................... HB 664
Refer to numerical index for page numbers

3858

INDEX

ADVERTISING Conditioned air contractors; unlawful practices by an unlicensed person; advertising; penalties .............................................................................. SB 254 Outdoor advertising signs; interstate highway locations; multiple message signs ...................................................................................................... SB 59 Property; foreclosure; advertisements of sales ...................................................... HB 648 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162
ADVERTISING SPECIALTY SERVICES; commend........................................ HR 298
AFRICA DAY AT THE STATE CAPITOL; recognize 3/15/01 ......................... HR 615
AFRICAN AMERICAN BUSINESS ENTERPRISE DAY Invite certain persons to House ................................................................................................... HR 98
AGED (See Elderly)
AGENT (See Principal and Agent)
AGNEW, BRIAN DAVID; commend .................................................................... HR 449
AGRICULTURE Agricultural courses; elimination; urge Board of Regents reverse certain decision .................................................................................................... HR 217 Agricultural courses not accepted elective for college admission; urge Board of Regents reverse decision ...................................................................... SR 287 Agricultural producers water conservation incentive program for non-point source pollution control ...................................................................... SB 95 Agricultural production contracts; regulate........................................................... HB 308 Cotton Producers Indemnity Fund; payments ....................................................... HB 361 Dog and cat sterilization program; license plates promoting ................................ HB 945 Farm Animal, Crop, and Research Facilities Protection Act; enact...................... HB 170 Farm tractors and equipment; regulation of dealers; amend ................................. HB 529 Flint River Drought Protection Act; ratify rules.................................................... HR 17 Georgia Agrirama Development Authority; transfer to Department of Natural Resources................................................................................................ HB 235 House Agricultural Water Conservation Incentive Program Study Committee; create................................................................................................ HR 568 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293 Pick-your-own products; limited liability.............................................................. HB 89 Sales tax; certain fuel used in dairy production; exemption.................................. HB 278
Refer to numerical index for page numbers

INDEX

3859

Tobacco Community Development Board; assign to Office of Planning and Budget............................................................................................ HB 578
Tobacco products; prohibit sales in vending machines ......................................... HB 581 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Vidalia onion; redefine .......................................................................................... HB 789 Warehousing; annual license ................................................................................. HB 645 Water Resources; Joint Comprehensive Water Plan Study Committee and
Water Plan Advisory Committee; create ............................................................. SR 142 Wines; domestic farm wineries; licensing and sale of wines; designate
Georgia Wine Highway ....................................................................................... SB 155
AGRIRAMA DEVELOPMENT AUTHORITY Transfer to Department of Natural Resources....................................................... HB 235
AIR POLLUTION Electrical generating facilities; air quality permits; publication............................ HB 260 Environmental Protection Division; rules and regulations; risk assessment and cost benefit analysis ................................................................... HB 587 House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create...................................................................................... HR 515 Sales tax; exempt pollution control chemicals ...................................................... HB 943
AIRLINES AND AIRPORTS (See Aviation)
AKIN, JOAN H.; commend..................................................................................... HR 543
AKINS, JAMES THOMAS; commend .................................................................. HR 162
ALBANY-DOUGHERTY COUNTY DAY AT STATE CAPITOL Declare January 24, 2001; invite officials to House............................................. HR 96
ALBRIGHT, MIKE; commend .............................................................................. HR 606
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverage sales prohibited certain hours on all days; certain counties and municipalities ................................................................................. SB 71 Alcoholic beverages; redefine "malt beverage" .................................................... HB 224 Beer or wine; consumer purchases; dealers extend credit..................................... HB 727 Coin operated amusement machines; gambling offenses; arcade permits and licenses; local regulations ................................................................ SB 204 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; young drivers; permits; graduated, temporary licensing; driver training; revocation; restrictions............................................... SB 1
Refer to numerical index for page numbers

3860

INDEX

Driving under the influence; additional penalty; victim compensation; memorial marker.................................................................................................. HB 747
Driving under the influence; four or more violations within five years; felony ................................................................................................. HB 430
Driving under the influence; fourth violation; felony ........................................... HB 325 Electronic Commerce Home Delivery Act of 2001; retail sale
and delivery; regulated products; requirements................................................... SB 208 Fraudulent practices; defrauding drug and alcohol screening tests....................... HB 20 House Alcoholic Beverages Distribution System Study Committee; create......... HR 221 House Study Committee on the Organization of the Public
Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create................................................................. HR 648 Malt beverages; amend provisions ........................................................................ HB 256 Malt beverages; beer keg containers; retail sales; labeling; valid purchaser identification required................................................................ SB 99 Malt beverages; kegs sold at retail ........................................................................ HB 374 Mental health; emergency examinations; authorize certain counselors ................ HB 246 Mental health; regional and substance abuse boards; abolish; transfer functions ................................................................................................. HB 498 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................ HB 385 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743 Wines; domestic farm wineries; licensing and sale of wines; designate Georgia Wine Highway ....................................................................................... SB 155
ALEXANDER, WILLIAM; condolences............................................................... HR 65
ALIENS OR NATURALIZED CITIZENS Temporary Assistance for Needy Families; qualified aliens; eligibility ............... HB 593
ALIMONY AND CHILD SUPPORT Child support; amend provisions........................................................................... HB 672 Escape; redefine offense; include confinement for child support violation .................................................................................................. HB 495 Extraordinary motion for new trial; certain child support cases; new evidence ....................................................................................................... HB 586 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Interest; alimony or divorce payments; 30 days late ............................................. HB 492 Juvenile courts; amend provisions......................................................................... HB 127
ALLEN, IVAN H.; commend.................................................................................. HR 171
Refer to numerical index for page numbers

INDEX

3861

ALLISON, OLLIVETTE; commend ..................................................................... HR 347
ALMON, VIRGINIA COLQUITT; condolences.................................................. HR 205
ALPHA KAPPA ALPHA DAY Recognize February 19, 2001; invite national president to House........................ HR 262
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICUS HIGH SCHOOL PANTHERS FOOTBALL TEAM Invite coaches and players to House...................................................................... HR 366
AMICO, JOYCE; commend ................................................................................... HR 428
AMUSEMENT RIDE SAFETY State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities.................................................. SB 196
ANATOMICAL GIFT ACT Anatomical gifts; donees; certain written disclosures ........................................... HB 615 Anatomical gifts; donor limit to for profit or not for profit entities ...................... HB 927
ANDERSON, DR. LARRY W.; commend............................................................. HR 404
ANIMALS Dangerous dog owners; liability insurance ........................................................... HB 731 Delivery of notices by overnight or commercial delivery service......................... SB 25 Dog and cat sterilization program; license plates promoting ................................ HB 945 Dog and cat sterilization; special license plate funding - CA ............................... HR 264 Farm Animal, Crop, and Research Facilities Protection Act; enact...................... HB 170 Sales tax; exempt sales by certain humane societies ............................................. HB 501 Sales tax; exempt sales by certain nonprofit humane societies for animals .......... HB 390
APPEAL AND ERROR Certiorari and appeals to appellate courts; certain capital offenses; amend provisions................................................................................................. HB 810 District attorneys or solicitors; disqualification from engaging in a prosecution; appointment of substitute............................................................. SB 276 Extraordinary motion for new trial; certain child support cases; new evidence ....................................................................................................... HB 586
Refer to numerical index for page numbers

3862

INDEX

Landlord and tenant; dispossessory proceedings; defenses and counterclaims; timeframes; appeals..................................................................... SB 46
Laws and statutes; constitutional challenges; notice to Attorney General ............ SB 271 Magistrate courts; appeals; eliminate monetary jurisdictional limitations ............ SB 269 New trials; extraordinary motions; paternity......................................................... HB 369 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162
APPEALS, COURT OF Certiorari and appeals to appellate courts; certain capital offenses; amend provisions................................................................................................. HB 810 Courts; election of justices and judges .................................................................. HB 523 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Employees' Retirement; appellate court judges; 12 years' service ....................... HB 754 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176 Judicial election campaigns; certain activities; prohibit discipline - CA .............. HR 256 Landlord and tenant; dispossessory proceedings; defenses and counterclaims; timeframes; appeals..................................................................... SB 46 Supreme Court, Appeals Court, superior and state courts; certain judges; election - CA ........................................................................................... HR 255
APPLING COUNTY; board of commissioners; compensation; powers ................ HB 908
APPROPRIATIONS AND FISCAL AFFAIRS Fiscal notes; delivery not in timely manner; no fiscal impact ............................... HB 662 General appropriations; FY 2001-2002................................................................. HB 95 General appropriations; FY 2001-2002................................................................. HB 100 General appropriations; FY 2001-2002................................................................. HB 175 State departments; performance audits and budget reports ................................... HB 91 State Financing and Investment Commission; capital outlay; grant administration; income earned on certain appropriations.................................... HB 695 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134 Supplemental appropriations; Department of Labor ............................................. HB 730 Supplemental appropriations; FY 2000-2001........................................................ HB 93 Supplemental appropriations; FY 2000-2001........................................................ HB 99 Supplemental appropriations; FY 2000-2001........................................................ HB 101 Supplemental appropriations; FY 2000-2001........................................................ HB 174 Supplemental appropriations; FY 2000-2001; public school capital outlay ......... HB 139 Supplemental appropriations; FY 2001-2002........................................................ HB 94
Refer to numerical index for page numbers

INDEX

3863

AQUASOUTH CONSTRUCTION, INC.; commend ........................................... HR 289
ARBERG, LEE; commend...................................................................................... HR 555
ARCHAEOLOGY Historic preservation; archeological artifacts; state archeologist's duties ............ HB 698
ARCHITECTS; structures not requiring seal; amend provisions ........................... HB 297
ARCHIVES Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Superior court clerks; duties; digitally formatted records; electronic collection and transmission; back-up records; microfilm records....................... SB 50
ARNOLD, COACH GERALD; commend............................................................. HR 687
ARRESTS Private security guards; arrest powers ................................................................... SB 168
ARROWSMITH, SAMMY; condolences .............................................................. HR 742
ARTS Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538 Funk Heritage Center; designate official state museum of southeastern Indian art and history........................................................................................... HB 287
ASHBURN, CITY OF; new charter........................................................................ HB 921
ASHLEY, GARY; commend................................................................................... HR 608
ATHENS, CITY OF Athens-Clarke County; homestead exemption; certain residents.......................... HB 226 Athens-Clarke County; unified government; mayor and commissioners.............. HB 793
ATHLETE AGENTS Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538

Refer to numerical index for page numbers

3864

INDEX

ATLANTA BEAT WOMEN'S SOCCER TEAM Commend; recognize April 16-21, 2001, as Atlanta Beat Week .......................... HR 709
ATLANTA, CITY OF Atlanta Judicial Circuit; add judge ........................................................................ HB 450 Atlanta Judicial Circuit; add judge ........................................................................ HB 805 Convey property .................................................................................................... SR 80 Homestead exemption ........................................................................................... HB 514 Homestead exemption ........................................................................................... HB 515 Homestead exemption; certain residents ............................................................... HB 923 State court; solicitors; qualifications and salaries ................................................. HB 530
ATLANTA JOB CORPS CENTER; invite director and staff to House ............... HR 501
ATLANTA JUDICIAL CIRCUIT Add judge .............................................................................................................. HB 450 Add judge .............................................................................................................. HB 805
ATTORNEY GENERAL Court reporters; receive counsel for actions and proceedings............................... HB 597 District attorneys or solicitors; disqualification from engaging in a prosecution; appointment of substitute................................................................ SB 276 Public officials; indictment procedures; Corruption Prevention Act .................... SB 234 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134
ATTORNEYS Employees' Retirement; certain prior legal service; credit ................................... HB 666 Financial institutions; lawyers' trust accounts....................................................... HB 220 Immigration and nationality law; prohibitions ...................................................... HB 333 John Marshall Law School; support certain motion before Supreme Court ......... HR 599 John Marshall Law School; urge Supreme Court vacate certain order ................. HR 593 Litigation costs; frivolous lawsuits; prior action expenses.................................... HB 737 Right to Choose Your Attorney Act; enact ........................................................... HB 524
AUDITS AND AUDITORS State auditor; compensation................................................................................... HB 298 State departments; performance audits and budget reports ................................... HB 91
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; membership............................. HB 856
AUGUSTA JUDICIAL CIRCUIT; add judge....................................................... HB 450
Refer to numerical index for page numbers

INDEX

3865

AUGUSTA STATE UNIVERSITY MEN'S BASKETBALL TEAM; commend ................................................................................................. HR 727
AUSTELL, CITY OF; ad valorem tax assessment; homestead exemption ............ SB 91
AUSTIN, DR. JAMES W.; commend..................................................................... HR 576
AUTHORITIES Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Georgia Agrirama Development Authority; transfer to Department of Natural Resources ........................................................................................... HB 235 Georgia Development Authority; water pollution control; loans from Environmental Protection Agency funds............................................................. HB 71 Georgia Environmental Training and Education Authority; create....................... HB 375 Georgia Regional Transportation Authority; long-range plans; provisions .......... HB 334 Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures.............................................................................. HB 158 Housing and finance authority; retailing and signage; authorized purposes ......... HB 317 Local hospital authorities; membership................................................................. HB 119 Power Alley Development Authority Act; enact................................................... HB 744 Revenue bonds; political subdivisions; development authorities.......................... HB 75 South Georgia Governmental Services Authority; create ..................................... HB 879 State authorities, advisory boards, councils, commissions and committees; abolishment of certain entities ........................................................ SB 196 State printing and access; urge Department of Administrative Services and Georgia Technology Authority; electronic directory ..................... HR 338 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134 Water and wastewater; regional sources; development......................................... HB 464
AVIATION Airline industry; urge moratorium on major mergers............................................ HR 466 House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create...................................................................................... HR 515 Taxation; levy excise tax on airport parking facilities .......................................... HB 251
AVONDALE ESTATES, CITY OF; recognize 75th anniversary .......................... HR 349

Refer to numerical index for page numbers

3866

INDEX

B
BAGLEY, TRENT; commend ................................................................................ HR 685
BAIL (BONDS AND RECOGNIZANCES) Bondsmen; qualifications ...................................................................................... HB 47 Family violence; repeat offenders; setting of bail ................................................. SB 36 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges ....................................................................................... SB 270
BAILEY, NICK; invite to House............................................................................. HR 436
BAKER, RIEZEL; commend.................................................................................. HR 533
BAKER, TED; commend......................................................................................... HR 540
BALDWIN COUNTY; Sinclair Water Authority; create........................................ HB 398
BALDWIN VETERANS MEMORIAL HIGHWAY; designate ......................... SR 183
BALL, MISSY; commend ....................................................................................... HR 54
BANKING AND FINANCE Business development corporations; powers; secondary liability; commercial, residential, historical properties; member loans ............................. SB 11 Business documents containing personal information; proper disposal................ HB 926 Checks; Deferred Presentment Act; enact............................................................. HB 207 Financial institutions code; change provisions; licensees; stock; investments; disclosures; real estate loans, mortgage brokers.................. SB 16 Financial institutions; governing boards; urge inclusive representation ............... HR 435 Financial institutions; lawyers' trust accounts....................................................... HB 220 Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ............................................................................................. SB 70 Georgia Qualified State Tuition Program; enact ................................................... HB 14 Georgia Qualified State Tuition Program; enact ................................................... HB 83 Georgia Qualified State Tuition Program; enact ................................................... HB 458 Industrial loans; change fees and late fees; increase monthly charge ................... HB 152 Interest; alimony or divorce payments; 30 days late ............................................. HB 492 Mortgage brokers and mortgage lenders; interest and fees; prohibition ............... HB 359 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Public records disclosure; non-disclosure of specific personal information ......... SB 205 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191
Refer to numerical index for page numbers

INDEX

3867

BANKRUPTCY Bankruptcy and certain insolvent estates; exemptions .......................................... HB 373
BANKS COUNTY Family connection commission; create ................................................................. HB 861 Grant easement ...................................................................................................... SR 35 Homestead exemption; certain residents ............................................................... HB 860
BARBEE, PATRICIA; commend........................................................................... HR 512
BARRETT, KINGSLEY; commend....................................................................... HR 60
BARROW COUNTY; grant easement.................................................................... SR 35
BARTOW COUNTY Commissioner; compensation................................................................................ HB 833 Convey property .................................................................................................... HR 88 Homestead exemption; certain residents ............................................................... HB 451
BAYNES, LISA; commend ..................................................................................... HR 556
BEASLEY, ARDENA; commend ........................................................................... HR 667
BEAVER, ANDY; commend................................................................................... HR 40
BEAVERBROOK ELEMENTARY SCHOOL; commend.................................. HR 630
BECHAM, SHERIFF JOHNNIE V.; commend.................................................... HR 32
BEER (See Alcoholic Beverages and Alcoholism)
BELL, DEWAINE T.; commend ............................................................................ HR 396
BENEFIELD, HONORABLE JIMMY W.; commend......................................... HR 318
BERKELEY LAKE, CITY OF; mayor and council; terms ................................... HB 328
BERKMAR HIGH SCHOOL PATRIOTS BASKETBALL TEAM Commend .............................................................................................................. HR 636 Invite coaches and players to House...................................................................... HR 618
Refer to numerical index for page numbers

3868

INDEX

BETTY JO WILLIAMS INTERCHANGE Designate ............................................................................................................... HR 451 Designate ............................................................................................................... HR 454
BEVERAGE CONTAINERS Beer kegs; conditions for retail sales; labeling; valid purchaser identification required ......................................................................................... SB 99 Malt beverages; kegs sold at retail........................................................................ HB 374
BEYNART, ROBERT WILLIAM; condolences .................................................. HR 602
BIBB CITY, TOWN OF; repeal charter ................................................................. HB 205
BIBB COUNTY Board of education; tax levy.................................................................................. HB 231 Grant easement ...................................................................................................... SR 35
BILL STANFILL HIGHWAY; designate ............................................................. SR 70
BINGO Certain nonprofit organizations; licensure qualifications...................................... HB 155 Prizes; increase maximum amounts....................................................................... HB 154
BIRDSONG, HONORABLE KENNETH; commend........................................... HR 324
BLACK, U. S. OLYMPIAN JULIE BURNS; invite to House ............................. HR 179
BLACKMON, CONNIE COMER; commend....................................................... HR 490
BLAKE, GARY; condolences ................................................................................. HR 426
BLIND PERSONS (See Handicapped Persons)
BLOOMINGDALE, CITY OF Elections; terms of office....................................................................................... HB 850 Homestead exemption; eligibility without application.......................................... HB 867
BLUE STAR MEMORIAL HIGHWAY; designate ............................................. HR 181
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Agricultural courses; elimination; urge Board of Regents reverse certain decision ....................................................................................... HR 217
Refer to numerical index for page numbers

INDEX

3869

Agricultural courses not accepted elective for college admission; urge Board of Regents reverse decision .............................................................. SR 287
Board of Regents; contracts with hospitals; surgical procedures.......................... HB 323 Georgia Qualified State Tuition Program; enact ................................................... HB 14 Georgia Qualified State Tuition Program; enact ................................................... HB 83 Georgia Qualified State Tuition Program; enact ................................................... HB 458 Commission on Work Force Security and Enhancement in the
New Georgia Economy; create............................................................................ HR 484 Commission on Work Force Security and Enhancement in the
New Georgia Economy; create............................................................................ SR 134 University System of Georgia Outstanding Scholars on Academic
Recognition Day; commend ................................................................................ HR 441
BOATS Ad valorem tax; certain dockside facilities; separate class of property - CA........ HR 364 Ad valorem tax; commercial fishing vessels; separate class of property - CA ..... HR 363 Watercraft; certain discharge in state waters; prohibit .......................................... HB 148 Watercraft; lifesaving devices exemption; canoes, kayaks; suspended operating privileges ............................................................................................. SB 48 Watercraft; registration, operation, sale; minimum age ........................................ HB 507
BOBBY GOLDIN HIGHWAY; designate............................................................. HR 388
BOILERS AND PRESSURE VESSELS State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities ........................................................ SB 196
BONDS Contracts; bond provisions; public works ............................................................. HB 513 Corruption Prevention Act; enact .......................................................................... HB 367 Georgia Environmental Training and Education Authority; create....................... HB 375 Pension obligation bonds; provisions .................................................................... HB 441 Registration; name of purchaser............................................................................ HB 542 Superior court clerks; bonds; juvenile court clerks; provisions ............................ HB 692
BOXING, PROFESSIONAL Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538 Income tax; abolish; conform certain OCGA references ...................................... HB 938
BOY SCOUT DAY; recognize ................................................................................ HR 226
Refer to numerical index for page numbers

3870

INDEX

BOY SCOUT TROUP 91; 60th anniversary; commend.......................................... HR 505 BOY SCOUT TROOP 535; invite to House........................................................... HR 16 BOY SCOUTS OF AMERICA; invite representatives to House........................... HR 485 BOYETTE, RAYE JEAN; condolences................................................................. HR 156 BRADFORD-HUNT, KRISTIE AND THOMAS M.
MITTENSZEI; commend .................................................................................... HR 237 BRANAN, ASHLEY; commend ............................................................................. HR 55 BRASELTON, TOWN OF; council districts; provisions ...................................... HB 760 BRASWELL, ROSA M.; commend ....................................................................... HR 473 BRATTON, DON; commend .................................................................................. HR 711 BREMEN, CITY OF
Carroll County; sales tax for education; distribution of proceeds ......................... HB 910 School taxes; collection and payment.................................................................... HB 670 BREMEN HIGH SCHOOL COMPETITIVE CHEERLEADERS Invite to House ...................................................................................................... HR 389 BRENNAN, JULIE ANN; commend...................................................................... HR 423 BRIDGES (See Highways, Bridges, and Ferries) BRIDGES, KENNETH ROGERS; invite to House .............................................. HR 343 BRIM, JIM; commend............................................................................................. HR 117 BROOKS, GWENDOLYN; condolences............................................................... HR 312 BROOKS, MIRANDA; commend .......................................................................... HR 85 BROOME, BYRON; condolences .......................................................................... HR 63 BROOME, SUE D.; commend ................................................................................ HR 320 BROUN, HONORABLE PAUL C.; commend...................................................... HR 679
Refer to numerical index for page numbers

INDEX

3871

BROWN, BILL; commend...................................................................................... HR 772
BROWN, ISAAC; commend ................................................................................... HR 704
BROWN, JOE, SR.; condolences............................................................................ HR 283
BROWN, RICO; commend ..................................................................................... HR 691
BROWN, THEO; commend.................................................................................... HR 686
BRUNSON, DAVID S., JR.; commend .................................................................. HR 549
BRYAN, MORRIS, JR., R. H. MCEVER, JACK MACKEMSON, AND CHARLES MCCOLLUM; commend....................................................... HR 361
BUCHANAN, DR. GALE A., TREY COCUS, AND DR. ROGER C. (BO) RYLES; invite to House.............................................................................. HR 34
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Ad valorem tax; fair market value; income tax credits; low-income housing....... HB 509 Counties and municipalities; community redevelopment tax incentive program CA ...................................................................................... HR 391 Disabled persons; public buildings; restroom accessibility................................... HB 401 Georgia Homeowner Protection Act; enact........................................................... HB 121 Income tax credits; low-income housing............................................................... HB 572 Income tax credits; qualified low-income buildings; amend provisions............... HB 460 Income tax; rehabilitation of historic structures; limitations................................. HB 118 J. Donald Kilgore State Crime Lab; designate ...................................................... HR 9 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108 State buildings; construction; minimize tree destruction ...................................... HB 196 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567
BURCH, QUINTON; commend ............................................................................. HR 627
BURKE COUNTY Board of education; vacancies............................................................................... HB 230 Board of education; vacancies............................................................................... SB 284 Convey property .................................................................................................... HR 88
Refer to numerical index for page numbers

3872

INDEX

School district ad valorem taxes; homestead exemption....................................... SB 127
BUSINESS AND OCCUPATION TAX Excessive regulatory fees; remedies...................................................................... HB 878 Gateway Regional Information Center, Inc. Act; privatization of public rest stops; Cobb County............................................................................ SB 305 Hotels and motels; local tax; amend definition ..................................................... HB 50 Hotels and motels; local tax; amend provisions .................................................... HB 780 Hotels and motels; local tax; maximum time of imposition.................................. HB 321 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582 Taxation; levy excise tax on airport parking facilities .......................................... HB 251
BUTTS COUNTY; school district ad valorem taxes; homestead exemption.......... SB 140
BYRD, RON; commend........................................................................................... HR 718
BYRON, CITY OF Condemnation powers ........................................................................................... HB 749 Corporate limits ..................................................................................................... HB 748
C

C. LLOYD SMITH PARKWAY; designate .......................................................... HR 99
CAIRO, CITY OF South Georgia Governmental Services Authority; create ..................................... HB 879
CAMDEN COUNTY; board of education; compensation ...................................... HB 787
CAMILLA, CITY OF South Georgia Governmental Services Authority; create ..................................... HB 879
CAMP, TERRI; commend ...................................................................................... HR 737
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; natural gas marketers; prohibition ................................ HB 273 Elections; publicly financed campaigns; voter information commission.............. HB 326 Ethics in government; amend provisions............................................................... HB 30
CAMPBELL, CHARLES; commend ..................................................................... HR 471
Refer to numerical index for page numbers

INDEX

3873

CAMPBELL, HONORABLE WILLIAM C. "BILL"; invite to House.............. HR 267
CAMPFIRE BOYS AND GIRLS, INC.; sales tax exemption .............................. HB 472
CANDIDATES Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Elections; age of children in voting booths with parents ...................................... HB 23 Elections; comprehensive revision of provisions .................................................. HB 479 Elections; procedure for certain unopposed primary candidates........................... HB 182 Elections; publicly financed campaigns; voter information commission.............. HB 326 Elections; recount or recanvass of votes; amend provisions ................................. HB 113 Tax defaulter; ineligible to hold public office - CA .............................................. HR 126 Voter Choice and Ballot Retention Reform Act of 2001; enact............................ HB 839 Voter Choice and Election Access Reform Act of 2001; enact ............................ HB 188 Voter Choice and Election Access Reform Act of 2001; enact ............................ HB 814
CANDLER COUNTY; county administrator; amend provisions ........................... HB 576
CANNONVILLE, TOWN OF Commemorate; urge Department of Natural Resources recognize as historic district................................................................................................. HR 502
CANTON, CITY OF; homestead exemption; certain residents ............................. HB 836
CARDEN, TED NORMAN; condolences .............................................................. HR 747
CARL DOVER MEMORIAL BRIDGE Designate............................................................................................................... HR 433 Designate............................................................................................................... SR 215
CARLTON, CITY OF; new charter ....................................................................... HB 779
CARNESVILLE, CITY OF New charter ........................................................................................................... HB 781 New charter ........................................................................................................... SB 310
CARNIVAL RIDE SAFETY State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities ........................................................ SB 196
CARROLL COUNTY Carroll County Property Taxpayer Reassessment Relief Act of 2001 .................. SB 88
Refer to numerical index for page numbers

3874

INDEX

Magistrate court; county law library fees .............................................................. SB 203 Sales tax for education; distribution of proceeds .................................................. HB 910 Water authority; membership; quorum, reports, audits ......................................... SB 308
CARROLLTON, CITY OF Carroll County; sales tax for education; distribution of proceeds ......................... HB 910
CARTER, AUSTIN; commend ............................................................................... HR 53
CARTER, MAYOR JAMES; commend ................................................................ HR 380
CARVER, CINDY; commend................................................................................. HR 536
CATOOSA COUNTY Sheriff; vacancies .................................................................................................. HB 762 Superior court clerk; clerical help allowance ........................................................ HB 416
CEDAR GROVE HIGH SCHOOL MARCHING BAND; invite to House ........ HR 186
CENSUS Magistrates; minimum annual salary; effective date of census............................. HB 419
CENTERVILLE, CITY OF; corporate limits........................................................ HB 808
CENTRAL GWINNETT GIRLS BASKETBALL TEAM Class AAAA State Champions; invite coaches and players to House .................. HR 596
CHALKER, LORAINE; commend ........................................................................ HR 582
CHAPLAINS, HOUSE OF REPRESENTATIVES Anderson, Reverend Emily Shaw..................................................................... Page 3363 Baxter, Reverend Bob ........................................................................................ Page 939 Biggers, Reverend David K................................................................................ Page 359 Blount, Reverend William B. ........................................................................... Page 1523 Bowden, Reverend Clay B. .............................................................................. Page 2176 Burnett Reverend John S. ......................................................................................Page 71 Cash, Reverend Dr. Michael L. .......................................................................... Page 281 Cochran, Reverend Danny R. ............................................................................. Page 157 DeLoach, Reverend Randy............................................................................... Page 1653 Dodson, Dr. Malone ........................................................................................... Page 908 Drake, Dr. David L............................................................................................. Page 425 Drummer, Bishop Vincent R............................................................................ Page 2437 Edwards, Reverend Joe E. ................................................................................ Page 1029
Refer to numerical index for page numbers

INDEX

3875

Gibson, Reverend Steve ..................................................................................... Page 637 Grantham, Reverend Glynn D. ......................................................................... Page 1443 Griffin, Dr. Phil .................................................................................................. Page 989 Gunning, Reverend Leah T. ............................................................................. Page 2509 Hodges, Reverend Chuck ................................................................................... Page 180 Hollins, Reverend McCallister ........................................................................... Page 666 Kirby, Dr. F. Hugh............................................................................................ Page 2761 Logan, Reverend Lewis E., II............................................................................. Page 211 Mabry, Dr. Lee ................................................................................................... Page 292 Marks, Reverend Jack ...................................................................................... Page 1731 McDaniel, Reverend Duane ............................................................................. Page 1118 McFarland, Reverend P. A. ...................................................................................Page 90 Parker, Reverend Herman ...................................................................................... Page 1 Perry, Reverend Roscoe F. ................................................................................. Page 117 Pipkin, Reverend Thomas M............................................................................ Page 1887 Ross, Reverend Ken ........................................................................................... Page 335 Sailor, Dr. Ron, Sr. ........................................................................................... Page 2910 Strickland, Reverend Bill ................................................................................... Page 867 Turner, Reverend Rodney U............................................................................... Page 389 Varnell, Reverend C. Benjamin.......................................................................... Page 723 Vaughn, Dr. Bert ................................................................................................ Page 770 Walker, Reverend Dr. Jesse J., II ..................................................................... Page 2399 Warren, Dr. Michael........................................................................................... Page 238 Watson, Bishop B. Michael................................................................................ Page 561 Wilburn, Dr. Allen.................................................................................................Page 52 Willis, Reverend Dr. Bill.................................................................................... Page 314 Wood, Reverend Milton L................................................................................ Page 2362
CHARITIES Certain humane societies; sales; sales tax exemption ........................................... HB 501 Certain nonprofit humane societies; sales; sales tax exemption............................ HB 390 Income tax credit; certain charitable donations..................................................... HB 589
CHARLTON COUNTY; homestead exemption; certain residents ........................ HB 561
CHATHAM COUNTY Bridges over marshlands; prohibition; exception.................................................. HB 914 Coastal hammocks; prohibit land-disturbing activities ......................................... HB 915 Convey property .................................................................................................... HR 88 Grant easement ...................................................................................................... SR 35 Homestead exemption; eligibility without application.......................................... HB 868 Homestead exemption; school district taxes; eligibility without application........ HB 871 Fall Line Freeway and Savannah River Parkway; support early completion........ HR 600
Refer to numerical index for page numbers

3876

INDEX

Meals on Wheels Day in Chatham County; designate 5/1/01 ............................... HR 413 Savannah-Chatham County Governmental Consolidation Study
Committee; create................................................................................................ HR 457 State court; additional judge .................................................................................. SB 222
CHATTAHOOCHEE COUNTY Board of education; compensation ........................................................................ HB 752 Cusseta-Chattahoochee County Charter and Unification Commission Act .......... SB 228 Cusseta-Chattahoochee County Charter and Unification Commission; create ..... SB 122
CHATTAHOOCHEE TECHNICAL COLLEGE Students and faculty; commend............................................................................. HR 643
CHATTOOGA COUNTY; board of elections and registration; create.................. HB 489
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Local Government and Education Study Commission; create .............................. HB 770 Magistrate court; county law library fees .............................................................. HB 769 Sheriff; vacancies .................................................................................................. HB 768 Water and sewerage authority; fines ..................................................................... HB 322
CHILD ABUSE Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Child Sexual Commerce Prevention Act of 2001; prostitution; offenses of pimping and pandering ..................................................................... SB 33 Investigations; change provisions.......................................................................... HB 178 Victim compensation; special license plates; child abuse prevention................... HB 792
CHILD ABUSE PREVENTION DAY AT THE STATE CAPITOL Recognize February 22, 2001; commend Georgia Council on Child Abuse ........ HR 354
CHILD ADVOCACY CENTER DAY AT THE STATE CAPITOL Recognize February 5, 2001.................................................................................. HR 190
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Additional consideration; court determination ...................................................... HB 800 Child abuse; investigations; change provisions..................................................... HB 178 Interference with visitation rights; expedited hearing ........................................... HB 613 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ HB 157 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ SB 118
Refer to numerical index for page numbers

INDEX

3877

CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (See Minors)
CHIROPRACTORS Health care practitioners; credentialing data; centralized collection..................... HB 356 Medical patient records; privacy regulations; release and handling; subpoenas; objections ............................................................................................ SB 210
CIGARS AND CIGARETTES (See Tobacco and Tobacco Related Products)
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Civil cases; default judgment; waiver of jury trial ................................................ HB 741 Court clerks; civil action claims; prohibit provision of certain forms................... HB 221 Habeas corpus procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .......................................... SB 206 Judicial sales; real property descriptions; advertisements ..................................... HB 31 Laws and statutes; constitutional challenges; notice to Attorney General ............ SB 271 Litigation costs; frivolous lawsuits; prior action expenses.................................... HB 737 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Mental exams; physician or psychologist.............................................................. HB 435 Pleadings subsequent to original complaint; service of judgments; waiver; notification ............................................................................................. HB 569 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Uniform Fraudulent Transfers Act; enact.............................................................. HB 84 Zoning decisions; actions challenging; standing to participate............................. HB 348
CLACK, TONY; commend ..................................................................................... HR 757
CLARK, ED; commend ........................................................................................... HR 623
CLARKE COUNTY Athens-Clarke County; homestead exemption; certain residents.......................... HB 226 Athens-Clarke County; unified government; mayor and commissioners.............. HB 793
CLARKE, HONEY; commend ............................................................................... HR 74
Refer to numerical index for page numbers

3878

INDEX

CLAYTON COUNTY Abolish office of coroner; establish office of medical examiner .......................... SB 27 Board of commissioners; compensation................................................................ SB 260 Chief magistrate; nonpartisan................................................................................ HB 310 Clayton Judicial Circuit; court reporters; compensation ....................................... SB 263 Probate court; judge; change compensation .......................................................... SB 265 State court; clerk; increase compensation ............................................................. SB 262 Superior court; clerk; increase salary .................................................................... SB 266 Superior court; sheriff; compensation ................................................................... SB 268 Tax commissioner; salary...................................................................................... SB 267 Water authority; special meetings; guidelines; notices ......................................... SB 261
CLAYTON COUNTY BRANCH OF THE NAACP; commend ......................... HR 725
CLAYTON COUNTY FIRE DEPARTMENT; commend................................... HR 302
CLAYTON COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN; commend................................................... HR 729
CLAYTON COUNTY STAR STUDENTS AND TEACHERS; commend ........ HR 653
CLAYTON JUDICIAL CIRCUIT; court reporters; compensation ...................... SB 263
CLERKS, SUPERIOR COURT Additional duties; compensation ........................................................................... HB 128 Bonds; juvenile court clerks; provisions ............................................................... HB 692 Council; Technology Improvement Fund.............................................................. HB 687 Criminal case data; electronic transmission .......................................................... HB 948 Documents and instruments; rules and responsibilities......................................... HB 693 Duties; digitally formatted records; electronic collection and back-up records; microfilm records..................................................................... SB 50 Financing statements; filing fees ........................................................................... HB 802 Superior Court Clerks' Retirement; cost of living benefit; increase ..................... HB 975 Superior Court Clerks' Retirement; state court clerks; membership..................... HB 842 Superior courts; certain fees; clerks' cooperative authority .................................. HB 354
CLINCH COUNTY; board of commissioners; elections; districts; vacancies ....... SB 289
CLINICAL LABORATORIES Capillary blood tests; clarify exemption................................................................ HB 77 Death investigation; inquests; subpoenas by medical examiners for certain medical records .................................................................................. SB 110 Health services and clinical laboratories; prohibitions.......................................... HB 825
Refer to numerical index for page numbers

INDEX

3879

Powers and duties; transfer to Department of Community Health........................ HB 8
COASTAL EMPIRE COUNCIL OF THE BOY SCOUTS OF AMERICA; invite to House .......................................................................... HR 124
COBB COUNTY Board of commissioners; compensation................................................................ HB 857 Cobb County-Marietta Water Authority; amend provisions ................................. HB 444 Cobb County-Marietta Water Authority; membership.......................................... HB 311 Cobb Judicial Circuit; judges; supplement............................................................ HB 312 Deputy superior court clerk; compensation........................................................... HB 845 Gateway Regional Information Center, Inc. Act; privatization of public rest stops............................................................................................... SB 305 Juvenile court judges; compensation..................................................................... HB 877 Probate court judge and clerk; compensation........................................................ HB 773 Probate court; sheriff's employees ........................................................................ HB 753 School tax collections; reduce percentage retained by Tax Commissioner .......... SB 297 State court clerk and chief deputy ......................................................................... HB 677 State court; document filing fees and costs ........................................................... SB 240 State court; judges and associate judges................................................................ HB 759 State court; solicitor-general and assistants........................................................... HB 675 State court; solicitor-general and assistant solicitors; compensation .................... SB 237 Tax commissioner and chief clerk; salaries........................................................... HB 823
COBB JUDICIAL CIRCUIT; judges; supplement................................................ HB 312
COCHRAN, DOUG; commend .............................................................................. HR 603
COCUS, TREY; commend...................................................................................... HR 37
COCUS, TREY, DR. ROGER C. (BO) RYLES, AND DR. GALE A. BUCHANAN; invite to House .................................................... HR 34
CODE OF GEORGIA Corrections ............................................................................................................ HB 107 Elections Code; corrections ................................................................................... HB 106 General Acts; effectiveness; approval by electors in referendum - CA ................ HR 516 Japanese government; WW II war crimes; urge apology and reparations ............ HR 142 Laws and statutes; constitutional challenges; notice to Attorney General ............ SB 271 Magistrates; minimum annual salary; effective date of census............................. HB 419 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Retirement and Pensions; Code corrections .......................................................... HB 108 Statutes; census effective date for certain purposes .............................................. HB 302
Refer to numerical index for page numbers

3880

INDEX

Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Voting Rights Act; urge Congress repeal preclearance requirement .................... HR 212
COFFEE COUNTY Chief magistrate; election...................................................................................... HB 197 Probate court judge; election ................................................................................. HB 198
COIN OPERATED AMUSEMENT MACHINES Definitions ............................................................................................................. HB 49 Gambling offenses; arcade permits and licenses; local regulations ...................... SB 204
COKER, DEANA LYNN; commend...................................................................... HR 604
COLE, JEAN; commend ......................................................................................... HR 684
COLEY, CARLIE C.; commend ............................................................................ HR 710
COLLEGES Agricultural courses; elimination; urge Board of Regents reverse certain decision ....................................................................................... HR 217 Driver education and instruction; requirements .................................................... HB 9 Georgia Military College, Joint Study Committee; create .................................... SR 267 Higher Education Savings Plan; enact .................................................................. HB 417 Higher education savings plans; contributions; income tax exclusions ................ HB 946 HOPE scholarships; certain part-time students; eligibility.................................... HB 583 Income tax credit; certain students ineligible for PROMISE teacher's scholarship ........................................................................................... HB 573 Insurance companies; income tax credit; college student employees ................... HB 403 Nonpublic postsecondary educational institutions; exempt from prohibition....... HB 465 Parent College Education Savings Plan; enact ...................................................... HB 427 Qualified State Tuition Program; enact ................................................................. HB 14 Qualified State Tuition Program; enact ................................................................. HB 83 Qualified State Tuition Program; enact ................................................................. HB 458 Sales tax; exempt certain clothing and equipment; limited time........................... HB 886 Sales tax; exempt certain clothing and equipment; limited time........................... HB 887 Sales tax; exempt postsecondary textbooks........................................................... HB 483 Student loans; suspension of professional licenses for default ............................. HB 532 Torts; certain medical training programs; immunity ............................................. HB 954
COLLINS HILL HIGH SCHOOL EAGLES Boys' cross-country team; commend .................................................................... HR 188 Cross-Country team and principal; invite to House .............................................. HR 180 Girls basketball team; commend ........................................................................... HR 594
Refer to numerical index for page numbers

INDEX

3881

COLLIS, KATIE; commend ................................................................................... HR 626
COLQUITT COUNTY Convey property .................................................................................................... HR 88 County administrator; discretionary purchases...................................................... HB 797 Family connection collaborative on children and families; create ........................ HB 855
COLUMBIA COUNTY Certain supplemental compensation; calculation .................................................. HB 906 Coroner; compensation.......................................................................................... HB 905 Sheriff; vacancies .................................................................................................. HB 904
COLUMBIA COUNTY FIREBALLS; commend................................................. HR 546
COLUMBUS, CITY OF; county-wide government; recorder's court ................... HB 477
COMER, CITY OF; mayor or council; vacancies .................................................. HB 835
COMMERCE AND TRADE Agriculture; warehousing; annual license ............................................................. HB 645 Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538 Business documents containing personal information; proper disposal................ HB 926 Delivery of notices by overnight or commercial delivery service......................... SB 25 Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ......................................................... SB 208 Electronic signatures and records; permitted uses; legal effect; Global and National Commerce Act ................................................................... SB 24 Fair business practices; career consulting firm; administrator's authority............ HB 701 Fair Insurance Business Practices Act of 2001; enact........................................... HB 716 Gas marketers and telemarketers; switching consumers' gas supplier.................. HB 957 Georgia Data Base Protection and Economic Development Act of 2001............. SB 214 Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ............................................................................................. SB 70 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests ................................................ SB 53 Injuries, Joint Study Committee on the Prevention and Emergency Care; Border Communities of Georgia, Joint Study Committee on; Commission on Work Force Security and Enhancement in the New Georgia Economy; create............................................................................ SR 134 Installment contracts or revolving accounts; delinquent charges.......................... SB 198
Refer to numerical index for page numbers

3882

INDEX

Marine dealers; termination of franchise agreement; disposition of inventory..... SB 188 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Motor vehicle warranty rights; reasonable offset; leases ...................................... HB 766 Natural gas marketers; pricing, billing, meter reading; emergency
directives; customer disputes; assist low-income persons................................... SB 217 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Public accommodations; access or admission to motorcycle patrons ................... SB 52 Restaurant Franchise Relations Act; enact ............................................................ HB 809 Retirement Savings Protection Act; enact ............................................................. HB 219 Tires; adjustment rates; disclosure ........................................................................ HB 377 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Used Appliance Warranty Rights Act; enact......................................................... HB 327 Vehicles and loads; unginned cotton; securing loads............................................ HB 960
COMMERCE HIGH SCHOOL FOOTBALL TEAM; invite to House ............. HR 137
COMMERCIAL CODE Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191
COMMISSIONS Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538 Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create............. HR 342 Boards and commissions; increase per diem allowance........................................ HB 303 Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create................................................................ HB 190 Commission on African American Males; create.................................................. HB 36 Commission on the Holocaust; additional powers ................................................ HB 723 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... SR 134 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Georgia Courts Automation Commission; advisory council; Georgia Technology Authority............................................................................ HB 681 Georgia Public Telecommunications Commission; amend provisions ................. HB 200 Georgia State Flag Advisory Commission; create................................................. HR 10
Refer to numerical index for page numbers

INDEX

3883

Interstate Compact for Adult Offender Supervision; enact................................... HB 885 Joint Study Commission on Water Management; create....................................... HR 263 Metropolitan area planning and development commissions; increase
dues of participating counties.............................................................................. SB 67 Metropolitan North Georgia Water Planning District Act; comprehensive
regional and watershed-specific plans to protect public water supplies.............. SB 130 Natural Resources, Board of; qualifications of certain members; State
Forestry Commission; add members ................................................................... HB 33 Professional Standards Commission; renewable certificates; limitation............... HB 125 State authorities, advisory boards, councils, commissions, and
committees; abolishment of certain entities ........................................................ SB 196 State Commission on Compensation; abolish ....................................................... HB 436 State Forestry Commission; reconstitute; add members........................................ HB 129 Superior court clerks; duties; digitally formatted records; electronic
collection and transmission; back-up records; microfilm records....................... SB 50 Tobacco Community Development Board; assign to Office of
Planning and Budget............................................................................................ HB 578 Water well drilling and construction; contractors, pump installers;
licenses, regulations; State Standards Advisory Council membership................ SB 139
COMMITTEES Environmental Protection Division Agricultural Advisory Committee; create .... HB 942 Georgia Military College, Joint Study Committee; create .................................... SR 267 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects............................................................................. HB 470 House Agricultural Water Conservation Incentive Program Study Committee; create...................................................................................... HR 568 House Alcoholic Beverages Distribution System Study Committee; create................................................................................................ HR 221 House Emergency Motorist Aid Study Committee; create ................................... HR 129 House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create...................................................................................... HR 515 House Home Construction and Repair Study Committee; create ......................... HR 213 House Insurance Rate Regulation Study Committee; create................................. HR 26 House Local Assistance Road Program Study Committee; create........................ HR 392 House Study Committee on Certified Professional Midwifery; create ................. HR 128 House Study Committee on Exempting Educators from the State Income Tax; create .............................................................................................. HR 456 House Study Committee on Hepatitis C; create .................................................... HR 371 House Study Committee on Medicare; create ....................................................... HR 2 House Study Committee on Minority Business Enterprise; create........................ HR 645 House Study Committee on Technology Education; create .................................. HR 410
Refer to numerical index for page numbers

3884

INDEX

House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create................................................................. HR 648
House Study Committee on Tick-Borne Illnesses in Georgia; create ................... HR 273 House Study Committee on Universal School Breakfast; create .......................... HR 500 House Tourism Study Committee; create.............................................................. HR 514 Injuries, Joint Study Committee on the Prevention and Emergency
Care; Border Communities of Georgia, Joint Study Committee on; Commission on Work Force Security and Enhancement in the New Georgia Economy; create............................................................................ SR 134 Joint Hazardous Sites Response Act Reauthorization Study Committee; create................................................................................................ HR 174 Joint Study Committee on Gaming; create............................................................ HR 463 Joint Study Committee on Historic Local Government Records; re-create .......... HR 345 Joint Study Committee on Limited Access for State Route 316/ University Parkway; create.................................................................................. HR 215 Joint Study Committee on Medical Care for Prison Inmates; create..................... HR 455 Joint Study Committee on Public School Size; create........................................... HR 223 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Lobbyists; gathering place; urge designation by Legislative Services Committee............................................................................................. HR 598 MARTA; commercial development; urge MARTOC evaluate ............................ HR 395 Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to protect public water supplies.............. SB 130 Obesity in Children; Joint Committee to Study Physical Activity (Recess) in Schools.............................................................................................. SR 252 Old National Highway (S.R. 279); Joint Committee to Study Expanding ............ SR 170 Savannah-Chatham County Governmental Consolidation Study Committee; create................................................................................................ HR 457 State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities ........................................................ SB 196 Water Resources; Joint Comprehensive Water Plan Study Committee and Water Plan Advisory Committee; create ...................................................... SR 142
COMMITTEES, STANDING Ashe, Honorable Kathy; assignment .................................................................. Page 663 Assignments ..........................................................................................................Page 22 Skipper, Honorable Jimmy; assignment ............................................................. Page 663
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)

Refer to numerical index for page numbers

INDEX

3885

COMMUNICATION TECHNOLOGY WEEK IN GEORGIA Recognize June 3-7, 2001...................................................................................... HR 696
COMMUNICATIONS RECEIVED Gillis, Honorable Hugh M., Sr. .............................................................................Page 42 Governor............................................................................................Pages 34, 36, 38, 43 Legislative Counsel .....................................................Pages 35, 40, 44, 47, 48, 173, 176 Lieutenant Governor......................................................................Pages 41, 45, 174, 176 Marable, Honorable Richard O. ..........................................................Pages 45, 177, 178 Pinholster, Honorable Garland ..............................................................................Page 46 Secretary of State.................................................................................................... Page 1 Shaw, Honorable Jay .............................................................................................Page 42 Smith, Honorable Larry; resignation from House .................................................Page 34 Smith, Honorable Vance, Jr.................................................................Pages 45, 177, 178 Speaker of House...................................................................Pages 41, 45, 174, 176, 663 Squires, Honorable Mary........................................................................... Pages 174, 175 Watson, Honorable Stan............................................................................ Pages 174, 175
COMMUNITY AFFAIRS, DEPARTMENT OF Annexations; reports to Department of Community Affairs ................................. HB 443 Business and occupation taxes; excessive regulatory fees; remedies.................... HB 878 Individual development accounts; comprehensive regulation............................... HB 397 Metropolitan area planning and development commissions; increase dues of participating counties.............................................................................. SB 67 Revenue bonds; political subdivisions; development authorities.......................... HB 75 Wines; domestic farm wineries; licensing and sale of wines; designate Georgia Wine Highway....................................................................... SB 155
COMMUNITY HEALTH CENTERS DAY; recognize February 8, 2001 .......... HR 220
COMMUNITY HEALTH, DEPARTMENT OF Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create............. HR 342 Clinical laboratories; powers and duties; transfer to Department of Community Health .......................................................................................... HB 8 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects.................................................. HB 470 Injuries, Joint Study Committee on the Prevention and Emergency Care of; create...................................................................................................... SR 134 Nursing facilities; reimbursement methodologies; direct Department of Community Health to adopt ............................................................................ HR 275
Refer to numerical index for page numbers

3886

INDEX

COMPACTS Interstate Compact for Adult Offender Supervision; enact................................... HB 885 Nurses; Multistate Compact; enact........................................................................ HB 968
COMPENSATION OF STATE OFFICIALS State auditor; compensation................................................................................... HB 298 State Commission on Compensation; abolish ....................................................... HB 436
COMPENSATION RESOLUTIONS Hamby, Valerie Louise; compensate..................................................................... HR 102 Jones, Ray; compensate ......................................................................................... HR 23 Kirkland, Bobby W. and Carolyn; compensate ..................................................... HR 141 Poole, Ronald; compensate.................................................................................... HR 24
COMPUTERS (See Digital Equipment and Computers)
CONDITIONED AIR, HEATING, PLUMBING, AND UTILITY CONTRACTORS Conditioned air contractors; unlicensed persons; unlawful practices; penalties... SB 254 Electrical, plumbing, and conditioned air contractors; continuing education; licensure ............................................................................................. HB 772 Natural gas piping contractor; licensing requirements.......................................... SB 194 Utility contractors; redefine plumbing .................................................................. HB 277 Utility contractors; redefine "conditioned air equipment" and "plumbing".......... HB 286 Water well drilling and construction; contractors, pump installers; licenses, regulations; State Standards Advisory Council; membership .............. SB 139
CONFEDERATE HISTORY AND HERITAGE MONTH; recognize .............. SR 343
CONGREGATION ETZ CHAIM AND RABBI SHALOM LEWIS; commend ............................................................................. HR 76
CONSERVATION AND NATURAL RESOURCES Agricultural producers water conservation incentive program for non-point source pollution control ...................................................................... SB 95 Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Cannonville; commemorate; urge Department of Natural Resources recognize as historic district ................................................................................ HR 502 Coastal Georgia Beach Renourishment Trust Fund; create - CA.......................... HR 25 Coastal Marshlands Protection Act; coastal hammocks; alterations ..................... HB 406 Coastal Marshlands Protection Act; coastal hammocks; permits.......................... HB 405
Refer to numerical index for page numbers

INDEX

3887

Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create................................................................ HB 190
Computer Equipment Disposal and Recycling Council; create ........................... HB 2 Delivery of notices by overnight or commercial delivery service......................... SB 25 Electrical generating facilities; air quality permits; publication............................ HB 260 Environmental Protection Division Agricultural Advisory Committee; create .... HB 942 Environmental Protection Division; rules and regulations; risk
assessment and cost benefit analysis ................................................................... HB 587 Erosion and sedimentation; streams and trout streams; buffer.............................. HB 420 Flint River Drought Protection Act; ratify rules.................................................... HR 17 Forest resources; certain trade agreement; urge Congress not rescind.................. HR 18 Georgia Agrirama Development Authority; transfer to Department
of Natural Resources ........................................................................................... HB 235 Georgia Environmental Training and Education Authority; create....................... HB 375 Georgia Water Bill of Rights; proclaim ................................................................ HR 28 Groundwater use; prohibit injection of substances into aquifer............................ HB 88 Historic preservation; archeological artifacts; state archeologist's duties ............ HB 698 Hunting and fishing; regulation by Department of Natural Resources;
prohibit local ordinances ..................................................................................... HB 301 Income tax credit; property donations; greenspace ............................................... HB 229 Land, Water, Wildlife and Recreation Heritage Fund; create - CA ...................... HR 14 Local water authorities; environmental projects; voluntary
contribution program ........................................................................................... HB 206 Marshlands; prohibit bridges and causeways; exception ...................................... HB 300 Metropolitan North Georgia Water Planning District Act; comprehensive
regional and watershed-specific plans to protect public water supplies.............. SB 130 Natural Resources, Board of; qualifications of certain members;
State Forestry Commission; add members .......................................................... HB 33 Parking lot permitting; Board of Natural Resources regulate ............................... HB 150 Power Alley Development Authority Act; enact................................................... HB 744 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Sales tax; exempt pollution control chemicals ...................................................... HB 943 State authorities, advisory boards, councils, commissions, and
committees; abolishment of certain entities ........................................................ SB 196 State development activity; save specimen trees or replace with hardwoods ....... HB 279 State Forestry Commission; reconstitute; add members........................................ HB 129 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 Stone Mountain Memorial Association; abolish; transfer powers to
Department of Natural Resources ....................................................................... HB 932 Storm-water runoff by county or municipality; monitor discharge ....................... HB 149
Refer to numerical index for page numbers

3888

INDEX

Surface water permits; certain excessive withdrawals .......................................... HB 351 Timber buyers; bond provisions ............................................................................ HB 368 Turfgrass and environmental horticulture; urge governmental agencies
ensure adequate water supplies ........................................................................... HR 564 Water and wastewater; regional sources; development......................................... HB 464 Water permeable surfaces; roads, sidewalks, parking lots; requirement............... HB 650 Water pollution control; loans from Environmental Protection Agency funds..... HB 71 Water Resources; Joint Comprehensive Water Plan Study Committee
and Water Plan Advisory Committee; create ...................................................... SR 142 Waters of state; discharge of pollutants; fines....................................................... HB 147 Water well drilling and construction; contractors, pump installers;
licenses, regulations; State Standards Advisory Council; membership............... SB 139 Water withdrawal permits; interbasin transfer; prohibit........................................ HB 858
CONSTITUTIONAL AMENDMENTS Ad valorem tax; certain dockside facilities; separate class of property ................ HR 364 Ad valorem tax; commercial fishing vessels; separate class of property .............. HR 363 Ad valorem tax; property appraisal; acquisition date value .................................. HR 1 Ad valorem tax; state levy; fund additional appraisers ......................................... HR 257 Certain real property; removal from industrial area; binding on successors ......... HR 27 Coastal Georgia Beach Renourishment Trust Fund; create................................... HR 25 Counties and municipalities; community redevelopment tax incentive program ................................................................................................ HR 391 Counties; create new ones; merge portions of others............................................ HR 125 Crimes; certain convictions; serve entire sentence................................................ HR 740 Dog and cat sterilization; special license plate funding ........................................ HR 264 Education, State Board of; election by certain General Assembly members ........ HR 210 Education, State Board of; election by certain General Assembly members ........ HR 211 Education, State Board of; election of members ................................................... HR 224 Family owned farm entities; preferential assessment; certain property ................ HR 140 General Acts; effectiveness; approval by electors in referendum ......................... HR 516 Indemnification; emergency medical service personnel employed by nonprofit agencies ............................................................................................... SR 86 Judicial election campaigns; certain activities; prohibit discipline ....................... HR 256 Land, Water, Wildlife, and Recreation Heritage Fund; create .............................. HR 14 Local boards of education; levy development impact fees.................................... HR 86 Public money; use by religious organizations; certain social services .................. HR 131 Right of privacy; prohibit governmental intrusion ................................................ HR 464 Supreme Court, Appeals Court, superior and state courts; certain judges; election ........................................................................................ HR 255 Tax defaulter; ineligible to hold public office....................................................... HR 126 Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law ..................................................... HR 344
Refer to numerical index for page numbers

INDEX

3889

Tax liability relief; General Assembly provide by general law............................. HR 265 Teacher salaries; supplement; certain private funds.............................................. HR 225 Veterans' Nursing Home Care Trust Fund; create; special license plates ............ HR 646
CONSUMER AFFAIRS Consumer Choice Negotiated Health Insurance Plan Act; enact .......................... HB 434 Electronic Commerce Home Delivery Act of 2001; enact.................................... SB 208 Gas marketers and telemarketers; switching consumers' gas supplier.................. HB 957 Georgia Fair Lending Act; abusive high cost home loan practices; consumer protections........................................................................................... SB 70 Georgia Homeowner Protection Act; enact........................................................... HB 121 Health records; copies requested by patient's authorized agent............................ HB 339 Patient Right to Know Act of 2001; enact; creation of physician profiles............ HB 156 Registered Nurse First Assistant Consumer Act; enact......................................... HB 355 Registered Nurse First Assistant Consumer Act; surgical services; insurer reimbursement ......................................................................................... SB 82 Right to Choose Your Attorney Act; enact ........................................................... HB 524 Tires; adjustment rates; disclosure ........................................................................ HB 377 Used Appliance Warranty Rights Act; enact......................................................... HB 327
CONTRACTORS (CONSTRUCTION) House Home Construction and Repair Study Committee; create ......................... HR 213
CONTRACTS Agricultural production contracts; regulate........................................................... HB 308 Bond provisions; public works .............................................................................. HB 513 Contracts contrary to public policy; insurers and certain hospitals....................... HB 102 Farm tractors and equipment; regulation of dealers; amend ................................. HB 529 Gas marketers and telemarketers; switching consumers' gas supplier.................. HB 957 Tractors or farm equipment dealers; regulate........................................................ HB 728 Transportation, Department of; public works contracts; bonds of successful bidders............................................................................................ SB 180
CONTROLLED SUBSTANCES Controlled substances and dangerous drugs; amend listings................................. HB 510 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Crime Prevention Act of 2001; enact .................................................................... SB 34 Criminal procedure; serious violent felony; redefine ............................................ HB 232 Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536 Drug-free workplace programs; certification; on-site testing; employer's education program ............................................................................................... SB 186
Refer to numerical index for page numbers

3890

INDEX

Firearms; license to carry; prohibition; redefine "convicted"................................ HB 691 Forfeited property; distribution; land bank authorities.......................................... HB 783 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Psychologists; authorization to prescribe drugs .................................................... HB 329 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743
CONVEYANCES OF PROPERTY (See Public Property)
CONYERS, CITY OF; ad valorem taxes; homestead exemption........................... SB 248
CONYERS LIONS CLUB; commend.................................................................... HR 123
COOK COUNTY Adel/Cook County Tourism Authority; create ...................................................... HB 884 Convey property .................................................................................................... HR 88
COPE, JULIAN T.; commend ................................................................................ HR 755
CORBIN, RUBY LEE WALLACE GRIFFIN; condolences ............................... HR 121
CORDELE-CRISP COUNTY FISH FRY; invite cooking team to House........... HR 222
CORONERS Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees.................................................... SB 60 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Death investigation; inquests; subpoenas by medical examiners for certain medical records........................................................................................ SB 110
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Anatomical gifts; donees; certain written disclosures ........................................... HB 615 Business corporations; dissolution; deposit of property and assets....................... SB 112 Business Development corporations; powers; secondary liability; commercial, residential, historical properties; member loans ............................. SB 11 Business documents containing personal information; proper disposal................ HB 926 Income tax credit; corporation assign to affiliated corporation............................. HB 611 Limited liability companies; amend provisions; change definitions and cross-references; taxation ............................................................................. SB 253 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
Refer to numerical index for page numbers

INDEX

3891

COSMETOLOGISTS Cosmetologists, estheticians, or nail technicians; qualifications for registration; instructors; reciprocity; waivers ...................................................... SB 116 Registration; qualifications.................................................................................... HB 641
COTTON PRODUCERS INDEMNITY FUND; payments ................................. HB 361
COUNTIES (Also, see Local Government or Named County) Abandonment of public roads; utility systems; removal of lines .......................... HB 913 Alcoholic beverage sales prohibited certain hours on all days; certain counties and municipalities...................................................................... SB 71 Annexation; certain areas; limited moratorium ..................................................... HB 799 Annexation; certain populated counties; approval provisions............................... SB 136 Annexation; unincorporated islands; objection provisions ................................... HB 764 Annexations; reports to Department of Community Affairs ................................. HB 443 Business and occupation taxes; excessive regulatory fees; remedies.................... HB 878 Certain real property; removal from industrial area; binding on successors - CA .............................................................................................. HR 27 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Contracts; bond provisions; public works ............................................................. HB 513 Counties and municipalities; community redevelopment tax incentive program - CA ....................................................................................... HR 391 Counties of 500,000 or more; contracts; public letting and bids........................... SB 182 Counties; create new ones; merge portions of others - CA ................................... HR 125 County boards of education; inclusion in certain health insurance plans.............. HB 724 County boards of equalization; appeals to superior court ..................................... HB 506 County boards of equalization; appeals to superior court ..................................... HB 511 County boards of equalization; appeals to superior court; repeal certain right ..... HB 459 County boards of equalization; appeals to superior court; repeal certain right ..... HB 503 County boards of equalization; members; qualifications ...................................... HB 456 County boards of tax assessors; length of appointments....................................... HB 843 County governing authorities; compensation ........................................................ HB 399 County governing authorities; members; minimum annual salary; required training for elected members................................................................. HB 365 County law libraries; change certain population reference ................................... HB 25 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 County retirement systems; participation by magistrates ...................................... HB 504 Delivery of notices by overnight or commercial delivery service......................... SB 25 Developmental highway system; change description............................................ HB 412
Refer to numerical index for page numbers

3892

INDEX

Education accountability; certain actions by local boards; enhanced annual report........................................................................................ HB 473
Education; disciplinary decisions; appeals ............................................................ HB 712 Elections Code; amend .......................................................................................... HB 110 Elections; comprehensive revision of provisions .................................................. HB 479 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission......... SB 213 Electric membership corporations; condemnation of certain property.................. HB 655 Electric membership corporations; director from each county served .................. HB 105 Employees' Retirement; certain juvenile detention facility service; credit........... HB 912 Employees' Retirement; Family and Children Services; creditable service.......... HB 38 Employees' Retirement; local school system service; certain credit..................... HB 124 Food service; redefine establishment; exempt certain outdoor
activities, functions, and events........................................................................... SB 84 Health care facilities; certain rural hospitals; certain exemption .......................... HB 471 Hotel-motel tax; counties and municipalities; amend provisions.......................... HB 780 House Local Assistance Road Program Study Committee; create........................ HR 392 Income tax credits; certain businesses in border counties..................................... HB 709 Income tax credits; certain enterprises; additional designated areas..................... HB 490 Inmates; job training by Georgia Correctional Industries; urge
governmental support .......................................................................................... HR 261 Jails; convicted persons in local jails; transfer custody......................................... HB 658 Joint development authorities; withdrawal from participation.............................. HB 875 Joint Study Committee on Historic Local Government Records; re-create .......... HR 345 Juvenile courts; parental payments; certain reimbursement.................................. HB 143 Local Board of Education Freedom to Contract Act; enact .................................. HB 940 Local boards of education; levy development impact fees - CA........................... HR 86 Local government ordinances or resolutions; authentication;
codification; distribution; transfer of development rights ................................... SB 239 Local governments; contracts with private nonprofit organizations ..................... HB 87 Local governments; development rights; intergovernmental transfers ................. HB 474 Local governments; motor vehicle decals; exemption from requirement ............. HB 400 Local governments; service delivery strategy; utility franchise fees..................... HB 550 Local hospital authorities; membership................................................................. HB 119 Local water authorities; environmental projects; voluntary
contribution program ........................................................................................... HB 206 Mental health; regional and substance abuse boards; abolish;
transfer functions ................................................................................................. HB 498 Metropolitan area planning and development commissions; increase
dues of participating counties.............................................................................. SB 67 Metropolitan North Georgia Water Planning District Act; comprehensive
regional and watershed-specific plans to protect public water supplies.............. SB 130 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669
Refer to numerical index for page numbers

INDEX

3893

Motor vehicles; registration, licensing, titling; amend provisions ........................ HB 253 Municipal taxes; collection by county tax commissioner;
amend provisions................................................................................................. HB 944 Open meetings; provisions; include certain county boards ................................... HB 137 Peace Officers' Annuity and Benefit; county jail officers; membership............... HB 608 Probation services; certain agreements; amend provisions ................................... HB 411 Probation supervision services; county and municipal courts;
contractual agreements ........................................................................................ SB 13 Property dedication; land for public road; presumptions ...................................... HB 714 Property; certain loss of value; compensation....................................................... HB 661 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Public geographic information systems; electronic records; contracts
to sell services and products ................................................................................ SB 230 Public officers and employees; conflicts of interest; certain
business with government ................................................................................... HB 933 Public officials; indictment procedures; Corruption Prevention Act .................... SB 234 Public roads and bridges; naming or renaming; prohibition ................................. HB 568 Public school property; maximum length of lease; increase ................................. HB 651 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Redevelopment; expand meaning; certain nonurban areas; natural
or historical assets................................................................................................ HB 409 Rural hospitals; urge certain actions relative to .................................................... HR 230 Safety plans; urge local school boards implement ................................................ HR 647 Sales tax; special county or joint municipal and county tax; amend ..................... HB 376 School principals; state supplement; periodic payments ....................................... HB 245 Schools; indoor air quality; annual inspections..................................................... HB 718 Sheriffs; qualifying for office; certification; unlawful engage
certain businesses ................................................................................................ SB 37 Sheriffs; vacancies in offices................................................................................. HB 32 Special county 1 percent sales tax; change purposes ............................................ HB 584 Special county 1 percent sales tax; disbursement; requirements........................... HB 806 Speed limits; school zones; local authority ........................................................... HB 204 State deferred compensation plans; include local school systems......................... HB 813 State Road and Tollway Authority; new name, powers, operation;
mass transit; road projects; revenues ................................................................... SB 134 Storm-water runoff by county or municipality; monitor discharge ....................... HB 149 Superior Court Clerks' Retirement; state court clerks; membership..................... HB 842 Surface water permits; certain excessive withdrawals .......................................... HB 351 Tax commissioners and employees; certain counties; mandatory training ........... HB 142 Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law - CA............................................. HR 344
Refer to numerical index for page numbers

3894

INDEX

Turfgrass and environmental horticulture; urge governmental agencies ensure adequate water supplies............................................................. HR 564
Uniform rules of the road; enforcement; standard fines for speeding; traffic control devices .......................................................................................... HB 678
Uniform rules of the road; radar; certain residential area...................................... HB 454 Victim compensation; special license plates; child abuse prevention................... HB 792 Water and wastewater; regional sources; development......................................... HB 464 Zoning; certain moratorium; exemption from requirements ................................. HB 614 Zoning decisions; actions challenging; standing to participate ............................. HB 348
COUNTY BOARDS OF HEALTH Mental health; regional and substance abuse boards; abolish; transfer functions ................................................................................................. HB 498 Schools; indoor air quality; annual inspections..................................................... HB 718
COUNTY JAILS; transfer custody of convicted persons ....................................... HB 658
COURT REPORTERS; receive counsel for actions and proceedings................... HB 597
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Administrative Office of the Courts; collect unpaid fines .................................... HB 534 Atlanta Judicial Circuit; add judge ........................................................................ HB 805 Attorneys; immigration and nationality law; prohibitions..................................... HB 333 Augusta, Gwinnett, Rome, and Atlanta Judicial Circuits; add judges .................. HB 450 Candler, Honorable T. S.; urge display of portrait; Union County Courthouse .............................................................................................. HR 258 Child advocate; motion to quash subpoenas; provisions....................................... HB 686 County boards of equalization; appeals to superior court; repeal certain right.......................................................................................................... HB 503 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Court bailiffs; compensation ................................................................................. HB 683 Court clerks; civil action claims; prohibit provision of certain forms................... HB 221 Court proceedings; request certain elected judges to conduct............................... HB 218 Creating rules of law on retroactive basis; prohibit............................................... HB 782 Criminal case data; electronic transmission .......................................................... HB 948 District attorneys or solicitors; disqualification from engaging in a prosecution; appointment of substitute................................................................ SB 276 Driving under the influence; additional penalty; victim compensation; memorial marker.................................................................................................. HB 747 Election of justices and judges .............................................................................. HB 523 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213
Refer to numerical index for page numbers

INDEX

3895

Family court division pilot project; extend to 7/1/04 ............................................ HB 330 Family Violence and Stalking Protective Order Registry Act; enact;
Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Family violence; repeat offenders; setting of bail ................................................. SB 36 Georgia Courts Automation Commission; advisory council; Georgia Technology Authority............................................................................ HB 681 Gwinnett County State Court; chief judge; additional supplement....................... SB 142 Gwinnett Judicial Circuit; add judge ..................................................................... HB 450 Gwinnett Judicial Circuit; add judge ..................................................................... HB 771 Gwinnett Judicial Circuit; create new eighth judgeship........................................ SB 244 Gwinnett Judicial Circuit; Superior Court judges; salary supplement .................. SB 141 Habeas corpus procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .......................................... SB 206 John Marshall Law School; support certain motion before Supreme Court ......... HR 599 John Marshall Law School; urge Supreme Court vacate certain order ................. HR 593 Judges; part-time teaching in postsecondary schools; compensation.................... SB 107 Judicial circuits; certain law assistants; compensation.......................................... HB 717 Juvenile courts; amend provisions......................................................................... HB 127 Juvenile courts; delinquent child; alternative detention ........................................ HB 201 Juvenile courts; jurisdiction to appoint temporary guardians................................ HB 103 Juvenile courts; jurisdiction; 18 years of age ........................................................ HB 382 Juvenile courts; parental payments; certain reimbursement.................................. HB 143 Juvenile courts; standards for transferring delinquency cases............................... HB 181 Juvenile courts; termination of proceeding; parental request................................ HB 527 Juvenile courts; transfer of cases from superior courts ......................................... HB 269 Juvenile Discovery Act; enact ............................................................................... HB 642 Litigation costs; frivolous lawsuits; prior action expenses.................................... HB 737 Magistrate courts; appeals; eliminate monetary jurisdictional limitations ............ SB 269 Magistrate courts; training requirements; certain magistrates............................... HB 357 Magistrates; minimum annual salary; effective date of census............................. HB 419 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Open records; exempt certain 911 communications.............................................. HB 338 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ................. SB 270 Pleadings subsequent to original complaint; service of judgments; waiver; notification ............................................................................................. HB 569 Probate court judge; vacancy; chief clerk assume duties ...................................... HB 295 Probate courts; fees and costs; comprehensive revision........................................ HB 541 Probation supervision services; county and municipal courts; contractual agreements ........................................................................................ SB 13 Right to Choose Your Attorney Act; enact ........................................................... HB 524 Rome Judicial Circuit; add judge .......................................................................... HB 180
Refer to numerical index for page numbers

3896

INDEX

Senior Judges; qualifications; allowable service required for appointment.......... SB 96 Sheriffs; certain service in civil cases; increase fee .............................................. HB 829 Sheriffs; vacancies in offices................................................................................. HB 32 State court judges; qualifications for election and reelection................................ SB 220 Superior and state courts; election of judges......................................................... HB 522 Superior court clerks; additional duties; compensation......................................... HB 128 Superior court clerks; bonds; juvenile court clerks; provisions ............................ HB 692 Superior court clerks; council; Technology Improvement Fund........................... HB 687 Superior court clerks; documents and instruments; rules and responsibilities...... HB 693 Superior court clerks; duties; digitally formatted records; electronic
collection and transmission; back-up records; microfilm records....................... SB 50 Superior court clerks; financing statements; filing fees ........................................ HB 802 Superior courts; certain fees; clerks' cooperative authority .................................. HB 354 Tallapoosa Judicial Circuit; juvenile court judge; compensation.......................... HB 854 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ HB 157 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ SB 118 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
COVERDELL, HONORABLE PAUL Placement of portrait in State Capitol ................................................................... SR 178
COVINGTON, CELIA; commend ......................................................................... HR 722
COWART, SHEA; commend.................................................................................. HR 207
COWETA COUNTY; water and sewerage authority; create.................................. HB 756
COX, JACOB; commend......................................................................................... HR 360
CRAIG, HONORABLE RICHARD; commend.................................................... HR 488
CRAWFORD COUNTY; coroner and deputy; compensation ............................... HB 685
CRAWFORD, JUDY; commend ............................................................................ HR 721
CRAWFORD, KRAIG; commend ......................................................................... HR 669
CRAWFORD, ZACK; commend............................................................................ HR 693
CRAWFORDVILLE, CITY OF; mayor, vice mayor, and council ....................... HB 668
Refer to numerical index for page numbers

INDEX

3897

CRAYTON, CAROLYN; commend....................................................................... HR 739
CREDIT UNIONS Qualified State Tuition Program; enact ................................................................. HB 14 Qualified State Tuition Program; enact ................................................................. HB 83 Qualified State Tuition Program; enact ................................................................. HB 458
CREWS, JESSE, JR.; commend............................................................................. HR 120
CRIMES AND OFFENSES (CRIMINAL CODE) Bingo; certain nonprofit organizations; licensure qualifications........................... HB 155 Bingo; prizes; increase maximum amounts........................................................... HB 154 Child endangerment; define offense...................................................................... HB 453 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Child Sexual Commerce Prevention Act of 2001; prostitution; offenses of pimping and pandering ..................................................................... SB 33 Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Coin operated amusement machines; gambling offenses; arcade permits, licenses; local regulations...................................................................... SB 204 Computer pornography and child exploitation; increase penalties........................ HB 852 Controlled substances and dangerous drugs; amend listings................................. HB 510 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Crime Prevention Act of 2001; enact .................................................................... SB 34 Crimes; certain convictions; serve entire sentence - CA....................................... HR 740 Crimes; certain protective order; incapacitated adult ............................................ HB 630 Crimes; offense of aggravated sexual assault; penalties ....................................... HB 634 Crimes; Racketeer Influenced and Corrupt Organizations; redefine "pattern of racketeering activity"......................................................................... HB 657 Criminal trespass and damage to property; graffiti materials; possession or sale ................................................................................................ HB 729 Criminal trespass and damage to property; possession of certain tools; define offense ............................................................................................ HB 567 Criminal trespass; certain sexual offenders; school safety zones.......................... HB 407 Defense of self or habitations or residences when forcible entry occurs; justification in use of force .................................................................................. SB 160 Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536 Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ......................................................... SB 208 Entry on property; utility meter reader; written notice .......................................... HB 428 Escape; redefine offense; include confinement for child support violation.......... HB 495
Refer to numerical index for page numbers

3898

INDEX

Evidence tampering; criminal penalties ................................................................ SB 22 Failing to supervise a minor; define offense ......................................................... HB 98 Family Violence and Stalking Protective Order Registry Act; enact;
Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Firearms; eliminate victim disarmament zones ..................................................... HB 304 Firearms; license to carry; prohibition; redefine "convicted"................................ HB 691 Firearms; possession by certain felons and probationers; penalty......................... HB 499 First trimester abortions; regulate certain facilities ............................................... HB 953 Forcible misdemeanor; redefine ............................................................................ HB 690 Forfeited property; distribution; land bank authorities.......................................... HB 783 Fraudulent practices; defrauding drug and alcohol screening tests....................... HB 20 Grave markers, monuments, or memorials honoring military service; penalties for theft or defacing, mutilating, or defiling ........................................ SB 207 Judges; part-time teaching in postsecondary schools; compensation.................... SB 107 Litter; redefine; include cigarette butts.................................................................. HB 237 Loaded firearms in private motor vehicles; authorize ........................................... HB 144 Motor vehicle hijacking; serious violent felony.................................................... HB 594 Obstructing placement of emergency phone calls; define offense ........................ HB 422 Open records; exempt certain 911 communications.............................................. HB 338 Open records; exempt certain photographs of dead bodies................................... HB 631 Pardons and paroles; define serious felony; minimum term ................................. HB 969 Pimping or pandering involving child; define offenses; penalties ........................ HB 343 Pistols and revolvers; licenses; definition of convicted ........................................ HB 533 Possession of certain firearms and body armor; penalties..................................... HB 208 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162 Psychologists; authorization to prescribe drugs .................................................... HB 329 Sexual offender registry; registration requirements; redefine sexual offenses against a minor; affect of discharge of a defendant .............................. SB 66 Sexual offenses involving victims under age 16; extend statute of limitations on prosecution ................................................................................... SB 106 Sexual offenses; change provisions relating to sexual assault .............................. HB 537 Smoking in health care institutions; prohibit......................................................... HB 545 Smoking on public school buses; prohibit............................................................. HB 563 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94 Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462
Refer to numerical index for page numbers

INDEX

3899

CRIMINAL JUSTICE Criminal justice agencies; accuracy of identifying data to Crime Information Center .............................................................................................. SB 129 Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation; Georgia Police Academy; status of director............................. HB 579 Racial Justice Act; enact........................................................................................ HB 324
CRIMINAL PROCEDURE Bondsmen; qualifications ...................................................................................... HB 47 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Corruption Prevention Act; enact .......................................................................... HB 367 Crime Prevention Act of 2001; enact .................................................................... SB 34 Crimes; certain convictions; serve entire sentence - CA....................................... HR 740 Defense of self or habitations or residences when forcible entry occurs; justification in use of force ..................................................................... SB 160 Driving under the influence; additional penalty; victim compensation; memorial marker.................................................................................................. HB 747 Evidence tampering; criminal penalties ................................................................ SB 22 Family violence; repeat offenders; setting of bail ................................................. SB 36 Insanity plea; amend provisions ............................................................................ HB 971 Laws and statutes; constitutional challenges; notice to Attorney General ............ SB 271 Motor vehicle hijacking; serious violent felony.................................................... HB 594 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Penal institutions; split sentence probationers; supervision .................................. HB 791 Private security guards; arrest powers ................................................................... SB 168 Racial Justice Act; enact........................................................................................ HB 324 Rape; statute of limitations.................................................................................... HB 653 Search warrants; application by video conference ................................................ HB 292 Sentences; judge's authority to modify; time ........................................................ HB 410 Serious violent felony; redefine............................................................................. HB 232 Sexual offenses involving victims under age 16; extend statute of limitations on prosecution ................................................................................... SB 106 Trials; discovery in misdemeanor cases; copy of indictment; witness lists .......... SB 135 Victim compensation; special license plates; child abuse prevention................... HB 792
CRISP ACADEMY DEBATE TEAM; invite to House ........................................ HR 504
CROSBY, LAMAR; commend ............................................................................... HR 107
CROSS, DR. JAMES LEE; commend ................................................................... HR 585
Refer to numerical index for page numbers

3900

INDEX

CROWE, MEDINA; commend............................................................................... HR 752 CRUELTY TO CHILDREN (See Child Abuse) CULLODEN HIGHLAND GAMES AND SCOTTISH
FESTIVAL; invite certain persons to House ....................................................... HR 519 CUMMINGS, LAUREN; commend ....................................................................... HR 571 CUSSETA, CITY OF
Cusseta-Chattahoochee County Charter and Unification Commission Act .......... SB 228 Cusseta-Chattahoochee County Charter and Unification Commission; create ..... SB 122
D
DADE COUNTY Homestead exemption ........................................................................................... HB 918 Homestead exemption ........................................................................................... HB 919
DAHLONEGA, CITY OF; water and sewerage authority; create ......................... HB 830 DAISE, BRITTNEY N.; commend ......................................................................... HR 331 DAISY, CITY OF; new charter ............................................................................... HB 815 DAN HARRISON STATE PRISON; designate .................................................... HR 339 DANIEL, HAROLD, SR.; condolences.................................................................. HR 652 DARUGAR, LINDA; commend.............................................................................. HR 732 DAUGHTERS OF THE AMERICAN REVOLUTION
Stephen Heard Chapter; commend........................................................................ HR 677 DAVIS, CARLETHA T.; commend ....................................................................... HR 149 DAVIS, JESSIE; commend ..................................................................................... HR 43 DAVIS, MELISSA; commend................................................................................. HR 83 DAVIS, SYLVIA; commend ................................................................................... HR 749
Refer to numerical index for page numbers

INDEX

3901

DAWE, CHARLES M.; commend ......................................................................... HR 766
DAWSON COUNTY; homestead exemptions; certain residents ........................... HB 895
DAWSON, ALFONSO; condolences...................................................................... HR 309
DAY CARE Child welfare agencies and child care facilities; inspection results ...................... HB 120 Income tax credit; child care expenses .................................................................. HB 281 Income tax credit; child care expenses .................................................................. HB 682 Income tax credit; qualified child care expenses................................................... HB 649
DAY, JOHN S.; commend ....................................................................................... HR 385
DEAD BODIES Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures .............................................................................................. HB 158 Open records; exempt certain photographs of dead bodies................................... HB 631
DEATH PENALTY Certiorari and appeals to appellate courts; certain capital offenses; amend provisions................................................................................................. HB 810 Driving under the influence; homicide by vehicle; life imprisonment or death.... HB 44 Racial Justice Act; enact........................................................................................ HB 324 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11
DEBTOR AND CREDITOR; Uniform Fraudulent Transfers Act; enact.............. HB 84
DECATUR HIGH SCHOOL GIRLS' FAST-PITCH SOFTBALL TEAM; commend........................................................................... HR 193
DECATUR, CITY OF Homestead exemption; certain residents ............................................................... HB 362 Homestead exemption; certain residents ............................................................... HB 363 Homestead exemption; certain residents ............................................................... HB 894 New charter ........................................................................................................... SB 304
DEEDS; superior court clerks; rules and responsibilities......................................... HB 693
DEFENSE TO CRIMINAL PROSECUTION Defense of self or habitation or residences when forcible entry occurs; justification in use of force.................................................................................. SB 160
Refer to numerical index for page numbers

3902

INDEX

DEFINED CONTRIBUTION PLAN Employees' Retirement; certain defined contribution membership; transfer........ HB 970
DEKALB COUNTY Ad valorem taxes; homestead exemption.............................................................. SB 278 Board of commissioners and chief executive officer; compensation.................... SB 311 Collection of school taxes by tax commissioner ................................................... HB 623 Sheriff; vacancies .................................................................................................. HB 872
DENNIS FULTON DOUGLASS HIGHWAY; designate .................................... HR 185
DENTAL HYGIENISTS' APPRECIATION DAY Recognize February 23, 2001; invite certain persons to House ............................ HR 268
DENTISTS AND DENTAL HYGIENISTS Dental hygienists; dental screenings without supervision ..................................... HB 223 Georgia Volunteers in Dentistry Act; enact .......................................................... HB 241 Health care practitioners; credentialing data; centralized collection..................... HB 356 Health services and clinical laboratories; prohibitions.......................................... HB 825 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210
DEPAOLO, DR. ROSEMARY; commend ............................................................ HR 235
DEVELOPMENT AUTHORITIES LAW Income tax; abolish; conform certain OCGA references ...................................... HB 938 Joint development authorities; withdrawal from participation.............................. HB 875
DEVELOPMENTAL HIGHWAY SYSTEM Change description of roads .................................................................................. HB 199
DIGITAL EQUIPMENT AND COMPUTERS (Also, see Electronic Technology and Transmission) Computer Equipment Disposal and Recycling Council; create ........................... HB 2 Computer pornography and child exploitation; increase penalties........................ HB 852 Income tax; telecommuting credit ......................................................................... HB 167 Personal purchases through Georgia Technology Authority; prohibition; exemption ........................................................................................ HB 725 Sales tax; exempt certain clothing and equipment; limited time........................... HB 886 Sales tax; exempt certain clothing, supplies, computer equipment; school purposes ................................................................................................... HB 15 Sales tax; exempt certain digital broadcast equipment.......................................... HB 29
Refer to numerical index for page numbers

INDEX

3903

Sales tax; exempt film production and digital broadcast equipment..................... HB 610
DILLARD BLUEGRASS & BARBEQUE FESTIVAL Designate as the Kansas City Barbeque Society Georgia State Championship .... HR 252 Designate as Kansas City Championship .............................................................. SR 183
DISABLED AMERICAN VETERANS INTERSECTION; designate ............... HR 280
DISABLED PERSONS (See Handicapped Persons)
DISHAROON, ROBERT JAMES; condolences................................................... HR 311
DISQUE, KENNETH R.; condolences................................................................... HR 319
DISTILLED SPIRITS (See Alcoholic Beverages and Alcoholism)
DISTRICT ATTORNEYS Judicial Retirement; certain military service; creditable service........................... HB 963 Judicial Retirement; 30 years' service................................................................... HB 962 Prosecutions; disqualification; appointment of a substitute .................................. SB 276 Retirement; district attorneys emeritus; compensation.......................................... HB 133
DITURI, PATTI; commend .................................................................................... HR 419
DIVORCE (See Domestic Relations)
DIXON, HONORABLE HARRY D. Election; State Board of Transportation; Eighth Congressional District ..............Page 40
DIXON, RONALD M.; commend........................................................................... HR 779
DODSON, REVEREND DR. E. MALONE; commend ....................................... HR 103
DOGS Dangerous dog owners; liability insurance ........................................................... HB 731 Dog and cat sterilization program; license plates promoting ................................ HB 945
DOLAN, SEAN; commend...................................................................................... HR 535
DOLINGER, HONORABLE STEPHEN D.; invite to House .............................. HR 204
DOLLAR, THOMAS HUBERT; condolences ...................................................... HR 310
Refer to numerical index for page numbers

3904

INDEX

DOMESTIC RELATIONS Alimony or divorce payments; 30 days late; interest............................................. HB 492 Child abuse; investigations; change provisions..................................................... HB 178 Child custody; additional consideration; court determination............................... HB 800 Child custody; interference with visitation rights; expedited hearing................... HB 613 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Child support; amend provisions........................................................................... HB 672 Covenant Marriage Act; enact............................................................................... HB 17 Escape; redefine offense; include confinement for child support violation.......... HB 495 Extraordinary motion for new trial; certain child support cases; new evidence ....................................................................................................... HB 586 Family court division pilot project; extend to July 1, 2004 ................................... HB 330 Family Violence and Stalking Protective Order Registry Act; enact; Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Family violence; repeat offenders; setting of bail ................................................. SB 36 Federal marriage penalty tax; urge Congress eliminate ........................................ SR 57 Homestead exemption; married person not living with spouse............................. HB 331 Income tax; gradual reduction and abolishment.................................................... HB 3 Juvenile courts; termination of proceeding; parental request................................ HB 527 Marriage ceremonies; authorize mayors to perform.............................................. HB 844 Safe Place for Newborns Act of 2001; enact ........................................................ HB 360 Torts; alienation of affections; define; damages ................................................... HB 394 Unemployment compensation; eligibility; part-time work; undue family hardship ......................................................................................... HB 342 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ HB 157 Uniform Child Custody Jurisdiction and Enforcement Act; enact........................ SB 118 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
DOUGHERTY COMPREHENSIVE HIGH SCHOOL BASKETBALL TEAM; invite to House ............................................................ HR 565
DOUGLAS COUNTY Douglas County Property Taxpayer Reassessment Relief Act of 2001 ................ SB 56 Homestead exemption; certain residents ............................................................... HB 551
DOUG'S RESTAURANT IN EMERSON; commend .......................................... HR 575
DR. JIMMY W. WATERS INTERCHANGE; designate .................................... HR 453
DRAWDY, VICKIE LONG; commend ................................................................ HR 150
Refer to numerical index for page numbers

INDEX

3905

DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver education and instruction; requirements .................................................... HB 9 Driver education; public school courses; tax credit .............................................. HB 539 Driver education; schools and courses; provisions ............................................... HB 315 Drivers' licenses; processing of certain permits; driver training schools.............. HB 43 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; 17 years; exemption for driver education................................. HB 78 Drivers' licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain offenses, related restrictions ................... SB 1 Income tax credit; certain private driver education expenses................................ HB 452 Local boards of education; driver education; elective course ............................... HB 457 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385
DRIVERS' LICENSES Aggressive driving; define offense........................................................................ HB 671 Anatomical gifts; for profit or not for profit entities; donor limit ......................... HB 927 Certain offenders; limited driving permits ............................................................ HB 396 Certain out-of-state residents; renewal by mail..................................................... HB 81 Commercial driver's license; age requirements .................................................... HB 146 Driver education and instruction; requirements .................................................... HB 9 Driver education; schools and courses; provisions ............................................... HB 315 Elections; certain driver's license or identification card; proof of voter registration ............................................................................................. HB 688 Expiration; increase to 10 years............................................................................. HB 249 Limited permit; additional purposes...................................................................... HB 535 Mandatory suspensions; amend provisions ........................................................... HB 421 Minimum age for issuance .................................................................................... HB 313 Motor vehicle convictions; reports from court to Department of Public Safety; fees ............................................................................................... HB 193 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385 Persons under 18 years; change restrictions .......................................................... HB 528 Processing of certain permits; driver training schools .......................................... HB 43 Prohibit fingerprint requirement............................................................................ HB 92 Redefine resident ................................................................................................... HB 851 Registration with U. S. Selective Service System ................................................. HB 138 Remote renewal; electronic submission ................................................................ HB 28 Restoration; completion of certain courses or programs ....................................... HB 480 Seventeen years of age; exemption for driver's education.................................... HB 78 Suspension; cigarette or tobacco purchase by minors ........................................... HB 667
Refer to numerical index for page numbers

3906

INDEX

Suspension for controlled substances or marijuana conviction; amend provisions................................................................................................. HB 536
Suspension or revocation; certain offenses; prohibit new license......................... HB 42 Teen drivers; transporting certain persons; restrictions......................................... HB 163 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11 Voter registration; driver's license location; proof ............................................... HB 713 Young drivers; permits, graduated, temporary licensing; driver training;
revocation for certain offenses, related restrictions............................................. SB 1
DRIVING UNDER THE INFLUENCE Additional penalty; victim compensation; memorial marker ................................ HB 747 Certain convictions; display sign on rear windshield............................................ HB 423 Drivers' licenses; mandatory suspensions; amend provisions............................... HB 421 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain offenses, related restrictions... SB 1 Four or more violations within five years; felony ................................................. HB 430 Fourth violation; felony......................................................................................... HB 325 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11
DRUGS AND DRUG DEPENDENCY AND ABUSE Causing death or injury; losing control of vehicle; medication............................. HB 763 Community service boards; powers, duties, and functions ................................... HB 332 Controlled substances and dangerous drugs; amend listings ................................ HB 510 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536 Driving under the influence; additional penalty; victim compensation; memorial marker.................................................................................................. HB 747 Driving under the influence; four or more violations within five years; felony.... HB 430 Driving under the influence; fourth violation; felony ........................................... HB 325 Drug-free workplace programs; certification; on-site testing; employer's education program ............................................................................................... SB 186 Fraudulent practices; defrauding drug and alcohol screening tests....................... HB 20 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create................................................................. HR 648 Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ............................................................ HR 432 Medical patient records; release and handling; privacy regulations; subpoenas; objections.......................................................................................... SB 210
Refer to numerical index for page numbers

INDEX

3907

Mental health; emergency examinations; authorize certain counselors ................ HB 246 Mental health; regional and substance abuse boards; abolish;
transfer functions................................................................................................. HB 498 Motor vehicles; driving under the influence; teen restriction;
aggressive driving; amend provisions ................................................................. HB 385 Pharmacists and pharmacies; certain GEMA exemption; dispensing drugs ......... HB 481 Pharmacy benefit managers; licensing and inspection .......................................... HB 585 Psychologists; authorization to prescribe drugs .................................................... HB 329 State employees' health insurance plans; prescription drugs; senior citizens ....... HB 711 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743
DUBLIN, CITY OF; corporate limits ..................................................................... HB 647
DUNAHOO, SANDFORD; commend.................................................................... HR 674
DUNN, MARGARET B. "BUNI"; commend........................................................ HR 499
E
EAGER, MARY; invite to House............................................................................ HR 177
EAGLE'S LANDING MIDDLE SCHOOL Football team; commend ....................................................................................... HR 605 Lady Eagles basketball team; commend................................................................ HR 399
EARL C. ROBINSON DAY; recognize March 1, 2001......................................... HR 306
EARL T. SHINHOSTER BRIDGE; designate...................................................... HR 182
EARLY COUNTY Convey property .................................................................................................... HR 88 State court; district attorney serve as solicitor-general.......................................... HB 896
EARLY, VINCE FRANK; commend..................................................................... HR 158
EARNHARDT, DALE; condolences ...................................................................... HR 554
EASEY, ADAM; commend ..................................................................................... HR 400
EAST HALL HIGH SCHOOL BOYS BASKETBALL TEAM; commend ....... HR 658
Refer to numerical index for page numbers

3908

INDEX

EAST POINT, CITY OF; redevelopment powers.................................................. HB 126
ECONOMY AND ECONOMIC DEVELOPMENT Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create................................................................ HB 190 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... SR 134 Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers, solar facilities; Green Pricing Program.................................. SB 93 Power Alley Development Authority Act; enact................................................... HB 744
ECONOMY, JOHNNY N.; commend.................................................................... HR 724
ED AND HAROLD MCGARITY MEMORIAL BRIDGE; designate ............... HR 453
EDUCATION Accountability; certain actions by local boards; enhanced annual report ............. HB 473 Agricultural courses; elimination; urge Board of Regents reverse certain decision ....................................................................................... HR 217 Agricultural courses not accepted elective for college admission; urge Board of Regents reverse decision .............................................................. SR 287 Bill of rights for teachers; enact ............................................................................ HB 818 Board of Regents; contracts with hospitals; surgical procedures.......................... HB 323 Certain advanced placement test fees; payment .................................................... HB 554 Certain advanced placement test fees; payment .................................................... HB 976 Certain manufacturer or vendor compensation; prohibit....................................... HB 956 Certain non-graduates; assistance and training ..................................................... HB 801 Certain schools; on-site audits; exempt ................................................................. HB 296 Certificated personnel; evaluation......................................................................... HB 841 Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... SR 134 Complaint hearings; provisions ............................................................................. HB 592 County boards of education; inclusion in certain health insurance plans.............. HB 724 Criminal trespass; certain sexual offenders; school safety zones.......................... HB 407 Curriculum; history, literature, culture of ancient Middle East............................. HB 816 Curriculum; origins of life theories ....................................................................... HB 391
Refer to numerical index for page numbers

INDEX

3909

Disciplinary decisions; appeals ............................................................................. HB 619 Disciplinary decisions; appeals ............................................................................. HB 712 Driver education and instruction; requirements .................................................... HB 9 Driver education; public school courses; tax credit .............................................. HB 539 Driver education; schools and courses; provisions ............................................... HB 315 Educational entities; disciplinary orders................................................................ HB 618 Educational programs; assessment; student performance;
length of attendance............................................................................................. HB 721 Education Reform Act of 2000; amend provisions ............................................... HB 656 Education, State Board of and State School Superintendent; change powers....... HB 549 Education, State Board of; election by certain General Assembly members - CA..................................................................................... HR 210 Education, State Board of; election by certain General Assembly members - CA..................................................................................... HR 211 Education, State Board of; election of members - CA .......................................... HR 224 Elections, primaries, and voting; comprehensive revisions; uniform
equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Georgia Military College, Joint Study Committee; create .................................... SR 267 Georgia Public Telecommunications Commission; amend provisions ................. HB 200 Georgia's Pre-K Program; rename pre-kindergarten program .............................. HB 97 High school nonvocational laboratory program; funding...................................... HB 591 Higher Education Savings Plan; enact .................................................................. HB 417 Higher education savings plans; contributions; income tax exclusions ................ HB 946 Honors program; include private school students ................................................. HB 392 HOPE scholarships; certain part-time students; eligibility.................................... HB 583 HOPE scholarships; redefine "eligible high school"............................................. HB 961 House Study Committee on Technology Education; create .................................. HR 410 Income tax credit; tutoring or summer school; maximum..................................... HB 493 Income tax; exclusion; qualified education related expenses................................ HB 588 Insurance companies; income tax credit; college student employees ................... HB 403 Joint Study Committee on Public School Size; create........................................... HR 223 Local Board of Education Freedom to Contract Act; enact .................................. HB 940 Local boards of education; driver education; elective course ............................... HB 457 Local boards of education; levy development impact fees - CA........................... HR 86 Motor vehicle driving skills instructional video and manual for new drivers; ETV broadcast and distribution to parents............................................. SB 246 Nonpublic postsecondary educational institutions; exempt from prohibition....... HB 465 Obesity in Children; Joint Committee to Study Physical Activity (Recess) in Schools.............................................................................................. SR 252 Parent College Education Savings Plan; enact ...................................................... HB 427 Professional Standards Commission; renewable certificates; limitation............... HB 125 Public School Employees; first salary payment of school year............................. SB 274 Public school employees; salary schedule; first payment...................................... HB 848
Refer to numerical index for page numbers

3910

INDEX

Public school property; maximum length of lease; increase ................................. HB 651 Qualified State Tuition Program; enact ................................................................. HB 14 Qualified State Tuition Program; enact ................................................................. HB 83 Qualified State Tuition Program; enact ................................................................. HB 458 Regional educational service agencies; sales to private schools ........................... HB 136 Safety plans; urge local school boards implement ................................................ HR 647 Sales tax; exempt certain clothing, wallets, and bags; limited time ...................... HB 440 Sales tax; exempt certain clothing, wallets, and bags; limited time ...................... HB 439 Sales tax; exempt postsecondary textbooks........................................................... HB 483 School counselors with national certification; increase state salary...................... SB 226 School principals; state supplement; periodic payments ....................................... HB 245 Schools; courses; instruction in black history ....................................................... HB 319 Schools; indoor air quality; annual inspections ..................................................... HB 718 Schools; loitering; disrupting school function....................................................... HB 380 Schools; persons other than students; report on entering ...................................... HB 161 Schools; students 18 years old; registration to vote .............................................. HB 372 Schools; students committing offense of bullying; discipline............................... HB 977 Schools used as polling places; close on election day........................................... HB 234 State authorities, advisory boards, councils, commissions, and
committees; abolish certain entities..................................................................... SB 196 Student disciplinary procedures, penalties; acts of physical violence, unruly behavior on school bus; reward reporting
weapons on school property ................................................................................ SB 291 Student loans; suspension of professional licenses for default ............................. HB 532 Student mobility and proficiency in English; urge assessment
data accordingly................................................................................................... HR 452 Students under 16; prohibit permanent expulsion ................................................. HB 476 Supplemental appropriations; FY 2000-2001; public school capital outlay ......... HB 139 Teacher salaries; supplement; certain private funds - CA..................................... HR 225 Teachers and public school employees; sick leave; absence due
to certain injury on duty....................................................................................... HB 164 Teachers and public school employees; state employees' health
insurance plan; monthly premiums...................................................................... HB 491 Textbooks; make available in electronic format.................................................... HB 228 Tuition equalization grants; elementary and secondary schools; pilot program ... HB 70 Veterans of World War II; high school diploma; eligibility.................................. HB 176
EDWARDS, HALLIE WARD; commend ............................................................. HR 259
EDWARDS, TERESA; commend........................................................................... HR 612
EDWARDS, VINCENT; commend ........................................................................ HR 286
Refer to numerical index for page numbers

INDEX

3911

EFFINGHAM COUNTY Board of commissioners; compensation................................................................ HB 703 Industrial development authority; add members ................................................... HB 874 State court; judge and solicitor .............................................................................. HB 353
EFFINGHAM COUNTY DAY; recognize January 30, 2001 ................................ HR 109
ELBERT COUNTY; state court judge and solicitor; salaries................................. HB 832
ELDERLY Ad valorem tax; exempt nonprofit homes for aged............................................... HB 821 Ad valorem tax; homestead exemption; certain residents ..................................... HB 299 Crimes; certain protective order; incapacitated adult ............................................ HB 630 Disabled adults and elder persons; abuse, neglect, and exploitation; increase penalty ................................................................................................... HB 289 Guardian of property; same as guardian of person; exception .............................. HB 635 House Study Committee on Medicare; create ....................................................... HR 2 Income tax; retirement income; exempt certain persons ....................................... HB 257 Income tax; taxable net; exclude retirement income ............................................. HB 5 Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ............................................................ HR 432 Meals on Wheels Day in Chatham County; designate May 1, 2001 ..................... HR 413 State employees' health insurance plans; prescription drugs; senior citizens ....... HB 711 Unpaid taxes; certain elderly and lower income taxpayers; waive interest........... HB 547
ELECTIONS Absentee voting; amend provisions....................................................................... HB 112 Absentee voting; campaign activity restrictions.................................................... HB 177 Ad valorem tax; personal property exemption; increase amount; state-wide referendum election November, 2002................................................ SB 150 Age of children in voting booths with parents ...................................................... HB 23 Campaign contributions; natural gas marketers; prohibition ................................ HB 273 Certain driver's license or identification card; proof of voter registration............ HB 688 Comprehensive revision of provisions .................................................................. HB 479 Congressional and statutory boards; redistricting; change provisions .................. HB 153 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Courts; election of justices and judges .................................................................. HB 523 Election fraud; governor provide rewards to persons reporting............................ HB 45 Election fraud; governor reward for information .................................................. HB 41 Election reform; urge Congress recognize need and appropriate funding ............ HR 434 Elections Code; amend .......................................................................................... HB 110 Elections Code; corrections ................................................................................... HB 106
Refer to numerical index for page numbers

3912

INDEX

Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213
Ethics in government; amend provisions............................................................... HB 30 Indemnification; emergency medical service personnel employed by nonprofit agencies - CA.................................................................................. SR 86 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Procedure for certain unopposed primary candidates............................................ HB 182 Publicly financed campaigns; voter information commission............................... HB 326 Recount or recanvass of votes; amend provisions................................................. HB 113 Schools; students 18 years old; registration to vote .............................................. HB 372 Schools used as polling places; close on election day........................................... HB 234 Sheriffs; qualifying for office; certification; unlawful engage
certain businesses ................................................................................................ SB 37 Superior and state courts; election of judges......................................................... HB 522 Tax defaulter; ineligible to hold public office - CA .............................................. HR 126 Time for closing of polls; certain cities................................................................. HB 111 Voter Choice and Ballot Retention Reform Act of 2001; enact............................ HB 839 Voter Choice and Election Access Reform Act of 2001; enact ............................ HB 188 Voter Choice and Election Access Reform Act of 2001; enact ............................ HB 814 Voter registration; driver's license location; proof ............................................... HB 713 Voting Rights Act; urge Congress repeal preclearance requirement .................... HR 212
ELECTRICAL SERVICE Electrical generating facilities; air quality permits; publication............................ HB 260 Electrical, plumbing, conditioned air contractors; continuing education; licensure ............................................................................................. HB 772 Electricity for irrigation; sales tax exemption ....................................................... HB 185 Electric membership corporations; condemnation of certain property.................. HB 655 Electric membership corporations; director from each county served .................. HB 105 Entry on property; utility meter reader; written notice .......................................... HB 428 Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers, solar facilities; Green Pricing Program ..................... SB 93 Natural gas competition and deregulation; Electric Membership Corporation gas affiliates; amend provisions ...................................................... HB 637 Natural gas competition and deregulation; Electric Membership Corporation gas affiliates; amend provisions ...................................................... HB 679
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Courts; criminal case data; electronic transmission .............................................. HB 948 Department of Administrative Services; bids; display certain information on the Internet .................................................................................. HB 445 Drivers' licenses; remote renewal; electronic submission .................................... HB 28
Refer to numerical index for page numbers

INDEX

3913

Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213
Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ......................................................... SB 208
Electronic signatures and records; permitted uses; legal effect; Global and National Commerce Act ................................................................... SB 24
Family Violence and Stalking Protective Order Registry Act; enact; Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Game and Fish Code; hunting, trapping, fishing, wildlife, weapons, licenses, minors, nonresidents, use of funds; amend provisions ......................... SB 83 Georgia Data Base Protection and Economic Development Act of 2001............. SB 214 House Study Committee on Technology Education; create .................................. HR 410 Income tax; telecommuting credit ......................................................................... HB 167 Motor vehicle driving skills instructional video and manual for new drivers; ETV broadcast and distribution to parents ............................................. SB 246 Personal purchases through Georgia Technology Authority; prohibition; exemption ........................................................................................ HB 725 Public geographic information systems; electronic records; contracts to sell services and products ................................................................................ SB 230 Sales tax; exempt certain digital broadcast equipment.......................................... HB 29 Sales tax; exempt certain digital broadcast equipment.......................................... HB 502 Sales tax; exempt film production and digital broadcast equipment..................... HB 610 Search warrants; application by video conference ................................................ HB 292 State printing and access; urge Department of Administrative Services and Georgia Technology Authority; electronic directory.................................... HR 338 State purchasing; contracts awarded by sealed bidding; reverse auctions; electronic bids; noncompetitive dollar limits....................................... SB 111 Superior court clerks; duties; digitally formatted records; electronic collection and transmission; back-up records; microfilm records....................... SB 50 Textbooks; make available in electronic format.................................................... HB 228
ELLARD, GLENN WILSON "JACK"; condolences .......................................... HR 573
ELMORE AND ASSOCIATES; commend ........................................................... HR 297
ELNAMALA, FARAJO; commend ....................................................................... HR 668
EMERGENCIES AND EMERGENCY SERVICES Emergency care or treatment; lay rescuers; regulate use of CPR and defibrillators; tort immunity.......................................................................... SB 51 Emergency services and emergency medical providers; redefine ......................... HB 621
Refer to numerical index for page numbers

3914

INDEX

EMS technicians, paramedics, and cardiac technicians; regulations; transfer functions to Department of Human Resources ...................................... SB 132
Indemnification; emergency medical service personnel employed by nonprofit agencies - CA....................................................................................... SR 86 Injuries, Joint Study Committee on the Prevention and Emergency Care of; create...................................................................................................... SR 134 Insurance; emergency health care provider; redefine............................................ HB 622 Mental health; emergency examinations; authorize certain counselors ................ HB 246 Multi-lane highways; requirements when emergency vehicles stopped ............... HB 540 Obstructing placement of emergency phone calls; define offense ........................ HB 422 Open records; emergency "911" calls; redact certain information........................ HB 696 Pharmacists and pharmacies; certain GEMA exemption; dispensing drugs ......... HB 481
EMERGENCY MEDICAL SERVICES (EMS) RECOGNITION DAY Designate February 23, 2001................................................................................. HR 359
EMINENT DOMAIN Electric power line; consent of local government ................................................. HB 284 Property owner's rights in eminent domain proceedings; just compensation; interference with property access................................................ SB 49 Relocation assistance; conform certain OCGA references; income tax abolishment ....................................................................................... HB 938
EMISSIONS, MOTOR VEHICLES Income tax; credit for low-emission vehicles and zero emission vehicles............ HB 261
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Equal employment; persons with disabilities; certain blood disorders ................. HB 519 Labor and industrial relations; sexual harassment................................................. HB 265 Minors; certain employment; written parental permission .................................... HB 13
EMPLOYMENT SECURITY Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... SR 134 Employment security; domestic employees; annual contributions........................ HB 68 Supplemental appropriations; Department of Labor ............................................. HB 730 Unemployment compensation; eligibility; part-time work; undue family hardship ......................................................................................... HB 342
Refer to numerical index for page numbers

INDEX

3915

Unemployment compensation; redefine employment; exempt certain services.... HB 967
ENERGY Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers, solar facilities; Green Pricing Program ..................... SB 93 Natural gas marketers; pricing, billing, meter reading; emergency directives; customer disputes; assist low-income persons................................... SB 217
ENGINEERS AND LAND SURVEYORS Continuing education; certain exemption.............................................................. HB 140
ENVIRONDESIGN5; commend.......................................................................... HR 712
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources)
EQUAL RIGHTS American Indian Tribes; add Southeastern Cherokee Council, Inc. ..................... HB 415 Commission on African American Males; create.................................................. HB 36 Commission on the Holocaust; additional powers ................................................ HB 723 Equal employment; persons with disabilities; certain blood disorders ................. HB 519 First trimester abortions; regulate certain facilities ............................................... HB 953 Funk Heritage Center; designate official state museum of southeastern Indian art and history........................................................................................... HB 287 Health insurance; breast cancer; coverage ............................................................ HB 79 House Study Committee on Minority Business Enterprise; create........................ HR 645 Insurance; certain discriminatory practices; prohibit ............................................ HB 24 Minority business enterprise; redefine "minority"................................................. HB 225 Minority business enterprise; redefine "minority"................................................. HB 738 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Racial Justice Act; enact........................................................................................ HB 324 Schools; courses; instruction in black history ....................................................... HB 319 Student mobility and proficiency in English; urge assessment data accordingly................................................................................................... HR 452 Uniform Child Custody Jurisdiction Enforcement Act; enact............................... HB 157 Williams, Reverend Hosea L. and Juanita; place portrait in capitol ..................... HR 409 Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462
ESTATE TAX Definition of filing date ......................................................................................... HB 51 Eliminate................................................................................................................ HB 463 Repeal .................................................................................................................... HB 402
Refer to numerical index for page numbers

3916

INDEX

ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Amend provisions.................................................................................................. HB 30 Campaign contributions; natural gas marketers; prohibition ................................ HB 273 Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 Elections; publicly financed campaigns; voter information commission.............. HB 326 Public officers and employees; conflicts of interest; certain business with government ................................................................................... HB 933
EVANS COUNTY; grant easement......................................................................... SR 35
EVANS, DALE; condolences .................................................................................. HR 260
EVANS, FRANCES; commend............................................................................... HR 382
EVANS, JED; commend.......................................................................................... HR 56
EVIDENCE Local government ordinances or resolutions; authentication; codification; distribution; transfer of development rights ................................... SB 239 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Witnesses; certain law enforcement officers; create privilege .............................. HB 340 Witnesses; hearing impaired persons; qualified interpreters................................. HB 859
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX (See Taxation and Revenue)
EYE BANKS; operators; provisions ........................................................................ HB 285
F
FAERBER, JOHN; commend................................................................................. HR 720
FAMILY (See Domestic Relations)
FAMILY COURT DIVISION PILOT PROJECT; extend to July 1, 2004 ......... HB 330
Refer to numerical index for page numbers

INDEX

3917

FAMILY VIOLENCE Family Violence and Stalking Protective Order Registry Act; enact; Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Repeat offenders; setting of bail............................................................................ SB 36 Unemployment compensation; eligibility; part-time work; undue family hardship ......................................................................................... HB 342 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
FANNIN COUNTY BUILDING AUTHORITY; create ...................................... HB 307
FARGO, CITY OF; corporate limits....................................................................... HB 838
FARMER, HONORABLE MARILYN; commend ............................................... HR 238
FARMS AND FARM PRODUCTS Ad valorem tax; exempt certain equipment; family owned farm products producer........................................................................................ HB 37 Agriculture; pick-your-own products; limited liability ......................................... HB 89 Contracts; tractors or farm equipment dealers; regulate........................................ HB 728 Family owned farm entities; preferential assessment; certain property - CA........ HR 140 Farm Animal, Crop, and Research Facilities Protection Act; enact...................... HB 170 Farm tractors and equipment; regulation of dealers; amend ................................. HB 529 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293 Sales tax; exempt certain fuel; tobacco production............................................... HB 132 Sales tax; exempt fuels; certain swine production ................................................ HB 90 Vidalia onion; redefine .......................................................................................... HB 789 Workers' compensation; farm laborers; amend provisions ................................... HB 952
FCCLA WEEK IN GEORGIA; proclaim February 11-17, 2001.......................... HR 316
FEDERAL GOVERNMENT Airline industry; urge moratorium on major mergers............................................ HR 466 Congressional and statutory boards; redistricting; change provisions .................. HB 153 Drivers' licenses or identification cards; registration with U. S. Selective Service System............................................................................ HB 138 Election reform; urge Congress recognize need and appropriate funding ............ HR 434 Federal Board of Pardons; urge Congress establish .............................................. HR 279 Forest resources; certain trade agreement; urge Congress not rescind.................. HR 18 House Study Committee on Medicare; create ....................................................... HR 2 Japanese government; WW II war crimes; urge apology and reparations ............ HR 142
Refer to numerical index for page numbers

3918

INDEX

Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ............................................................ HR 432
Motorcycle helmets; urge Congress revise federal safety standard FMVSS 218 .......................................................................................... HR 229
Railroad Retirement and Survivors Improvement Act; urge congressional support .......................................................................................... HR 168
Social Security Act; urge Congress amend Title XXI; PeachCare for Kids ......... HR 101 State employees health insurance plan; Georgia-Federal State
Inspection Service; include retired members....................................................... HB 40 State Sovereignty and Federal Tax Funds Act; enact............................................ HB 6 Tax relief proposed by President Bush; urge congressional
delegation support ............................................................................................... HR 412 Voter Choice and Ballot Retention Reform Act of 2001; enact............................ HB 839 Voting Rights Act; urge Congress repeal preclearance requirement .................... HR 212 Water pollution control; loans from Environmental Protection Agency funds..... HB 71 Water well drilling equipment; urge Congress reclassify...................................... HR 209
FERNBANK ELEMENTARY SCHOOL CHESS TEAMS; commend ............. HR 713
FESTIVAL OF CAMELLIAS AND THE AMERICAN CAMELLIA SOCIETY; commend ................................................................... HR 199
FILM PRODUCTION EQUIPMENT; sales tax exemption................................. HB 610
FINANCIAL INSTITUTIONS Business development corporations; powers; secondary liability; commercial, residential, historical properties; member loans ............................. SB 11 Business documents containing personal information; proper disposal................ HB 926 Financial institutions code; change provisions; licensees; stock; investments; disclosures; real estate loans, mortgage brokers ............................ SB 16 Governing boards; urge inclusive representation .................................................. HR 435 Lawyers' trust accounts ......................................................................................... HB 220 Georgia Qualified State Tuition Program; enact ................................................... HB 14 Georgia Qualified State Tuition Program; enact ................................................... HB 83 Georgia Qualified State Tuition Program; enact ................................................... HB 458 Mortgage brokers and mortgage lenders; interest and fees; prohibition ............... HB 359
FINES AND FORFEITURES Forfeited property; distribution; land bank authorities.......................................... HB 783
FIRE PROTECTION AND SAFETY Class Nine Fire Department Pension; increase benefits........................................ HB 252 Fire protection; smoke detectors; nursing homes .................................................. HB 673
Refer to numerical index for page numbers

INDEX

3919

Firefighters' Pension; certain investments; authorize ........................................... HB 288 Firefighters' Pension; increase benefit; certain members ..................................... HB 255 Indemnification; highway employees killed or permanently disabled
in line of duty; definitions; State Indemnification Commission membership..... SB 61 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 State flag; certain funerals; Secretary of State provide ......................................... HB 767 Volunteer firemen; certain injuries; temporary disability compensation .............. HB 461
FIREARMS Crimes and offenses; possession of certain firearms and body armor; penalties ................................................................................................... HB 208 Eliminate victim disarmament zones..................................................................... HB 304 Hunting; primitive weapons hunts; firearm exception; certain persons ................ HB 266 License to carry; prohibition; redefine "convicted"............................................... HB 691 Pistols and revolvers; licenses; definition of convicted ........................................ HB 533 Possession by certain felons and probationers; penalty......................................... HB 499
FIREFIGHTERS' RECOGNITION DAY; observe 29th annual .......................... HR 227
FIRST NATIONAL BANK AND TRUST COMPANY OF LOUISVILLE (STATESBORO DIVISION); commend ........................... HR 294
FISH AND FISHING (Also, see Game and Fish) Ad valorem tax; certain dockside facilities; separate class of property - CA........ HR 364 Ad valorem tax; commercial fishing vessels; separate class of property - CA ..... HR 363 Bait shrimp dealer; salt-water access; provisions; exception ................................ HB 370 Certain finfish; regulations .................................................................................... HB 173 Horseshoe crabs; regulations ................................................................................. HB 172 Hunting and fishing; regulation by Department of Natural Resources; prohibit local ordinances ..................................................................................... HB 301 License plates; special tags; retired military persons; Trout Unlimited ................ HB 183 License plates; special tags; Trout Unlimited........................................................ HB 684 Sales tax; exempt certain fuel; aquaculture business ............................................ HB 350 Shellfish; harvesting clams; minimum shell size .................................................. SB 38 Shrimping; foot-rope length maximum; exceptions.............................................. HB 636 Veterans of World War II; high school diploma; eligibility.................................. HB 176
FITCHETT, W. CALVIN; condolences................................................................. HR 682
FLANAGAN, ANTHONY; condolences................................................................ HR 728

Refer to numerical index for page numbers

3920

INDEX

FLORIDA ARMY NATIONAL GUARD AND VIRGINIA AIR NATIONAL GUARD; death of 21 members; condolences........................ HR 574
FLOVILLA, CITY OF; mayor or councilmember; vacancies in office................. SB 193
FLOYD COUNTY Homestead exemptions; certain persons................................................................ HB 726 Juvenile court judge; appointment......................................................................... HB 414
FLOYD, STEPHEN MICHAEL; commend.......................................................... HR 765
FOGALEY, ADELE; condolences ......................................................................... HR 122
FOOD Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements.................................................. SB 208 Food sales or service; Halal food .......................................................................... HB 82 Food service; redefine establishment; exempt certain outdoor activities, functions, and events ........................................................................................... SB 84 House Study Committee on Universal School Breakfast; create .......................... HR 500 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Sales tax; eligible food and beverages; change exemption ................................... HB 566 Sales tax; exempt certain food or beverages in capsule or tablet form ................. HB 7 Sales tax; vending machines; exempt food and beverages.................................... HB 216
FORECLOSURE; property; advertisements of sales ............................................. HB 648
FOREIGN GOVERNMENTS Japanese government; WW II war crimes; urge apology and reparations ............ HR 142
FOREST AND PLANT RESOURCES Forest resources; certain trade agreement; urge Congress not rescind.................. HR 18 Natural Resources, Board of; qualifications of certain members; State Forestry Commission; add members .......................................................... HB 33 State authorities, advisory boards, councils, commissions, and committees; abolish certain entities..................................................................... SB 196 State development activity; save specimen trees or replace with hardwoods ....... HB 279 State Forestry Commission; reconstitute; add members........................................ HB 129 Timber buyers; bond provisions ............................................................................ HB 368
FORFEITURE OF PROPERTY (See Fines and Forfeitures)
FORMER AMERICAN PRISONERS OF WAR; recognize............................... HR 189
Refer to numerical index for page numbers

INDEX

3921

FORSYTH COUNTY Board of commissioners; elections........................................................................ HB 907 Homestead exemption ........................................................................................... HB 469 Homestead exemption ........................................................................................... HB 475
FORT OGLETHORPE, CITY OF City manager; mayor ............................................................................................. HB 876 Homestead exemption; certain residents ............................................................... HB 898
FRANCHISES Marine dealers; termination of franchise agreement; disposition of inventory..... SB 188 Restaurant Franchise Relations Act; enact ............................................................ HB 809
FRANKLIN COUNTY; convey property ............................................................... HR 88
FRANKLIN COUNTY LADY LIONS BASKETBALL TEAM; commend ...... HR 561
FREDERICK DOUGLASS HIGH SCHOOL CLASS OF 1971; commend....... HR 577
FREEMAN, GREG; commend ............................................................................... HR 353
FREEMAN, LINDA; commend.............................................................................. HR 662
FREEPORT Ad valorem tax; freeport; include business inventory of taxpayer........................ HB 707 Ad valorem tax; redefine current use value, fair market value, freeport............... HB 57
FULTON COUNTY Atlanta, City of; convey property .......................................................................... SR 80 Building authority; redefine project ...................................................................... HB 544 Community improvement districts; definition of electors..................................... HB 64 Counties of 500,000 or more; contracts; public letting and bids........................... SB 182 County law libraries; change certain population reference ................................... HB 25 Fulton County School Employees Pension; amend cost of living provisions ....... HB 949 Fulton County School Employees Pension; postretirement benefit ...................... HB 947 Grant easement ...................................................................................................... SR 35 Homestead exemption ........................................................................................... HB 517 Homestead exemption ........................................................................................... HB 518 Homestead exemption; certain citizens ................................................................. HB 564 Homestead exemption; certain residents ............................................................... HB 790 Old National Highway (S.R. 279); Joint Committee to Study Expanding ............ SR 170 Sandy Springs, City of; incorporate....................................................................... HB 574
Refer to numerical index for page numbers

3922

INDEX

FULTON COUNTY YOUTH LEGISLATURE; create....................................... SR 118
FUNERAL PROCESSIONS; redefine term; participating vehicle........................ SB 279
G
GADSDEN, JUDGE EUGENE H.; condolences................................................... HR 163
GAE LEGISLATIVE CONFERENCE DAY; recognize 2/26/01 ........................ HR 334
GAE-ESP DAY Recognize February 14, 2001; invite representatives to House ............................ HR 253 Recognizing........................................................................................................... SR 168
GAINESVILLE, CITY OF; homestead exemption; certain residents ................... HB 849
GAINESVILLE/HALL COUNTY SAFEKIDS COALITION; commend ......... HR 337
GAINESVILLE HIGH SCHOOL GIRLS BASKETBALL TEAM; commend ..................................................................... HR 656
GAMBLING Coin operated amusement machines; arcade permits and licenses; local regulations................................................................................................... SB 204 Coin operated amusement machines; definitions .................................................. HB 49 Joint Study Committee on Gaming; create............................................................ HR 463
GAME AND FISH Amend Code .......................................................................................................... HB 171 Bait shrimp dealer; salt-water access; provisions; exception ................................ HB 370 Certain finfish; regulations .................................................................................... HB 173 Horseshoe crabs; regulations ................................................................................. HB 172 Hunting and fishing licenses; prohibit use as voter identification ........................ HB 110 Hunting and fishing; regulation by Department of Natural Resources; prohibit local ordinances ..................................................................................... HB 301 Hunting; primitive weapons hunts; firearm exception; certain persons ................ HB 266 Hunting, trapping, fishing, wildlife, weapons, licenses, minors, nonresidents, use of funds; amend provisions.................................................... SB 83 Hunting without landowner's permission; penalties ............................................. HB 742
Refer to numerical index for page numbers

INDEX

3923

Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Shellfish; harvesting clams; minimum shell size .................................................. SB 38 Shrimping; foot-rope length maximum; exceptions.............................................. HB 636
GARBUTT, PATRICIA LEAPHART; commend ................................................ HR 154
GARDEN CITY, CITY OF; Homestead exemption; eligibility without application.......................................... HB 864
GARY P. BRADDY HIGHWAY; designate.......................................................... HR 402
GAS, GASOLINE, AND GAS SERVICE Campaign contributions; natural gas marketers; prohibition ................................ HB 273 Entry on property; utility meter reader; written notice .......................................... HB 428 Gas marketers and telemarketers; switching consumers' gas supplier.................. HB 957 Gas utility company; billing errors; automatic refund........................................... HB 386 Natural gas company; retail customer; reconnected service fee............................ HB 349 Natural gas competition and deregulation; amend provisions............................... HB 258 Natural gas competition and deregulation; amend provisions; Electric Membership Corporation gas affiliate................................................................. HB 637 Natural gas competition and deregulation; customer service offices .................... HB 271 Natural gas competition and deregulation; Electric Membership Corporation gas affiliates; amend provisions ...................................................... HB 679 Natural gas competition and deregulation; overcharges; marketer's liability....... HB 659 Natural gas competition and deregulation; rate design; repeal requirement ......... HB 274 Natural gas competition and deregulation; rate-making methods ......................... HB 275 Natural gas competition and deregulation; retail customer; alternative marketer ............................................................................................. HB 665 Natural gas competition and deregulation; universal service funds ...................... HB 270 Natural gas marketers; pricing, billing, meter reading; emergency directives; customer disputes; assist low-income persons................................... SB 217 Natural gas piping contractors; licensing requirements ........................................ SB 194 Natural gas; Public Service Commission regulate delivery .................................. HB 543 Public Service Commission; natural gas marketers; pipeline fees ........................ HB 272 Sales tax; exempt residential natural gas............................................................... HB 336 Sales tax; exempt residential natural gas............................................................... HB 424 Sales tax; exempt residential natural gas and liquefied petroleum gas ................. HB 425 Sales tax; exempt residential propane and natural gas .......................................... HB 437 Sales tax; exempt residential propane and natural gas .......................................... HB 500 Sales tax; exempt sales of natural gas ................................................................... HB 145
GASTER, RAY; commend...................................................................................... HR 287
Refer to numerical index for page numbers

3924

INDEX

GATEWOOD SCHOOL Gators basketball team; invite to House................................................................ HR 518 Lady Gators basketball team; invite to House....................................................... HR 517
GAZAWAY, SANDRA; commend ......................................................................... HR 736
GENERAL ASSEMBLY Adjournment; adjourn 1/12/01; reconvene 1/22/01............................................... SR 5 Adjournment; adjourn 1/12/01; reconvene 1/23/01............................................... HR 15 Adjournment; adjourn 1/26/01; reconvene 1/29/01............................................... HR 91 Adjournment; adjourn 2/5/01; reconvene 2/7/01................................................... HR 216 Adjournment; adjourn 2/16/01; reconvene 2/20/01............................................... SR 165 Adjournment; adjourn 2/22/01; reconvene 2/26/01............................................... HR 365 Adjournment; adjourn 2/27/01; reconvene 3/1/01................................................. HR 407 Adjournment; adjourn 3/8/01; reconvene 3/12/01................................................. SR 340 Adjournment; adjourn 3/15/01; reconvene 3/19/01; adjourn 3/19/01; reconvene 3/21/01 ............................................................................................... SR 405 Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 Community Health Centers Day; recognize 2/8/01 .............................................. HR 220 Education, State Board of; election by certain General Assembly members - CA..................................................................................... HR 210 Education, State Board of; election by certain General Assembly members - CA..................................................................................... HR 211 Fiscal notes; delivery not in timely manner; no fiscal impact ............................... HB 662 General Acts; effectiveness; approval by electors in referendum - CA ................ HR 516 General appropriations; FY 2001-2002................................................................. HB 95 General appropriations; FY 2001-2002................................................................. HB 100 General appropriations; FY 2001-2002................................................................. HB 175 Georgia Military College, Joint Study Committee; create .................................... SR 267 Georgia Water Bill of Rights; proclaim ................................................................ HR 28 Injuries, Joint Study Committee on the Prevention and Emergency Care of; Border Communities of Georgia, Joint Study Committee on; Commission on Work Force Security and Enhancement in the New Georgia Economy; create............................................................................ SR 134 Joint Hazardous Sites Response Act Reauthorization Study Committee; create................................................................................................ HR 174 Joint session; former state capitol in Milledgeville; January 23, 2001 ................. HR 33 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176 Joint session; message from Chief Justice of Supreme Court ............................... HR 8 Joint session; recognize 250 Years of Representative Government...................... HR 6 Joint Study Commission on Water Management; create....................................... HR 263
Refer to numerical index for page numbers

INDEX

3925

Joint Study Committee on Gaming; create............................................................ HR 463 Joint Study Committee on Historic Local Government Records; re-create .......... HR 345 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create.................................................................................. HR 215 Joint Study Committee on Medical Care for Prison Inmates; create..................... HR 455 Joint Study Committee on Public School Size; create........................................... HR 223 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Joint Task Force on Developing a Federally Funded Drug Benefit for
Low-Income Elderly Citizens; create .................................................................. HR 432 Legislative Retirement; election of coverage; change date................................... HB 627 Legislative Services Committee; meetings; twice yearly...................................... HB 700 Lobbying; state government; prohibit use of certain public funds........................ HB 12 Lobbyists; gathering place; urge designation by Legislative
Services Committee............................................................................................. HR 598 Local boards of education; levy development impact fees - CA........................... HR 86 Notify Governor; General Assembly convened .................................................... SR 4 Obesity in Children; Joint Committee to Study Physical Activity
(Recess) in Schools............................................................................................. SR 252 Old National Highway (S.R. 279); Joint Committee to Study Expanding ............ SR 170 Rural hospitals; urge certain actions relative to .................................................... HR 230 State Legislatures, National Conference of; commend ......................................... HR 100 Supplemental appropriations; Department of Labor ............................................. HB 730 Supplemental appropriations; FY 2000-2001........................................................ HB 93 Supplemental appropriations; FY 2000-2001........................................................ HB 99 Supplemental appropriations; FY 2000-2001........................................................ HB 101 Supplemental appropriations; FY 2000-2001........................................................ HB 174 Supplemental appropriations; FY 2000-2001; public school capital outlay ......... HB 139 Supplemental appropriations; FY 2001-2002........................................................ HB 94 Tax liability relief; General Assembly provide by general law - CA .................... HR 265 Water Resources; Joint Comprehensive Water Plan Study Committee
and Water Plan Advisory Committee; create ...................................................... SR 142
GENNINGS, RICHARD M. "MIKE"; commend ................................................ HR 507
GEORGIA BUILDING AUTHORITY Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487
GEORGIA BUREAU OF INVESTIGATION (GBI) Certain incentive pay; increase.............................................................................. HB 202 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595
Refer to numerical index for page numbers

3926

INDEX

Criminal justice agencies; computerized files; accuracy of identifying data to Crime Information Center........................................................................ SB 129
Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation; Georgia Police Academy; status of director ................................. HB 579
Death investigation; inquests; subpoenas by medical examiners for certain medical records........................................................................................ SB 110
Family Violence and Stalking Protective Order Registry Act; enact; Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57
Narcotics agents; repeal certain retirement prohibition......................................... HB 389 Sexual offender registry; registration requirements; redefine sexual
offenses against a minor; affect of discharge of a defendant .............................. SB 66 Superior court clerks; duties; digitally formatted records; electronic
collection and transmission; back-up records; microfilm records....................... SB 50
GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 Electric energy producers; solar facilities; Green Pricing Program ...................... SB 93
GEORGIA DEVELOPMENT AUTHORITY Water pollution control; loans from EPA funds.................................................... HB 71
GEORGIA ENVIRONMENTAL TRAINING AND EDUCATION AUTHORITY; create ................................................................. HB 375
GEORGIA FARM BUREAU FEDERATION; invite president to House........... HR 138
GEORGIA HUMAN RELATIONS DAY; recognize February 22, 2001............. HR 374
GEORGIA HUMANITIES COUNCIL AND DR. JAMIL ZAINALDIN; invite to House.............................................................................. HR 281
GEORGIA MASONIC LODGES NO. 131 AND NO. 135; invite to House ...... HR 22
GEORGIA MILITARY COLLEGE, JOINT STUDY COMMITTEE; create.......................................................................................... SR 267
GEORGIA MOUNTAIN WATER; commend...................................................... HR 160
GEORGIA PEACH FESTIVAL; commend.......................................................... HR 303

Refer to numerical index for page numbers

INDEX

3927

GEORGIA POLICE ACADEMY Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation; Georgia Police Academy; status of director ................................. HB 579
GEORGIA RECREATION AND PARKS ASSOCIATION Invite representatives to House ............................................................................. HR 20
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Long-range plans; provisions ................................................................................ HB 334
GEORGIA SOUTHERN UNIVERSITY FOOTBALL TEAM; invite to House .......................................................................................... HR 127
GEORGIA STATE SOCCER ASSOCIATION Commend; welcome U. S. Soccer Federation; recognize July 19-20, 2001, as Soccer Days of Georgia...................................................... HR 631
GEORGIA STATE UNIVERSITY Men's basketball team; invite to House ................................................................ HR 487 Women's basketball team; commend.................................................................... HR 649
GEORGIA TECHNOLOGY AUTHORITY Georgia Courts Automation Commission; advisory council; Georgia Technology Authority............................................................................ HB 681 Personal purchases through the authority; prohibition; exemption ....................... HB 725 State printing and access; urge Department of Administrative Services and Georgia Technology Authority; electronic directory.................................... HR 338
GEORGIA'S VIETNAM VETERANS; recognize ............................................... HR 192
GILLIS, HONORABLE HUGH M., SR.; communication ...................................Page 42
GILMER COUNTY; board of commissioners; compensation ............................... HB 735
GIRLS AND WOMEN IN SPORTS DAY Recognize February 8, 2001; invite certain athletes to House .............................. HR 97
GIRLS INCORPORATED OF GREATER ATLANTA; commend................... HR 373
GLASS, SANDRA CALDWELL; commend......................................................... HR 482
GLASS, SHERWIN; commend............................................................................... HR 194
Refer to numerical index for page numbers

3928

INDEX

GLYNN COUNTY Board of commissioners; salary............................................................................. HB 820 Grant easement ...................................................................................................... SR 35 State court solicitor and clerk; compensation........................................................ HB 280
GOAD, U. S. OLYMPIAN ROBIN BYRD; invite to House................................. HR 178
GORDON COUNTY Board of elections and registration; create ............................................................ HB 757 Coroner and deputies; compensation..................................................................... HB 755
GORDON, ROBBIE MIMS AND JACK LOWERY; commend ........................ HR 780
GOVERNOR General Assembly Convened; notify Governor .................................................... SR 4 Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create................................................................ HB 190 Communication .....................................................................................................Page 34 Developmental highway system; road corridors; change description; restrict naming or renaming roads, bridges, interchanges ................................... SB 40 Election fraud; governor provide rewards to persons reporting............................ HB 45 Election fraud; governor reward for information .................................................. HB 41 Employees' Retirement; certain prior service as governor or lieutenant governor; credit................................................................................... HB 966 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Governor's Council on Developmental Disabilities Day; declare 2/22/01 ........... HR 218 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176 Revenue shortfall reserve; change amount............................................................ HB 601 State departments; reports to standing committees of General Assembly ............ HB 86 Tobacco Community Development Board; assign to Office of Planning and Budget............................................................................................ HB 578 Veto message........................................................................................... Pages 36, 38, 43
GRACE, DAVID M.; commend.............................................................................. HR 78
GRAHAM, CITY OF; elections; terms of office ................................................... HB 909
GRANT, TAWANA; commend .............................................................................. HR 688
Refer to numerical index for page numbers

INDEX

3929

GRANTHAM, JOHNNA; commend...................................................................... HR 152
GRANTS Education Reform Act of 2000; amend provisions ............................................... HB 656 Homeowner tax relief grants; annual appropriation.............................................. HB 494 State Financing and Investment Commission; capital outlay; grant administration; income earned on certain appropriations.................................... HB 695 Tuition equalization grants; elementary and secondary schools; pilot program ....................................................................................................... HB 70
GRAY, JOSHUA; commend ................................................................................... HR 362
GREEN, HERBERT C.; commend ........................................................................ HR 590
GREEN, RONNIE; condolences............................................................................. HR 759
GREEN, TRAVIS; commend.................................................................................. HR 132
GREENE COUNTY; family connection commission; add member ...................... HB 796
GRIGGS, BETTY RUCKER; condolences ........................................................... HR 547
GRIMES, JAMES DICKSON; commend.............................................................. HR 620
GROOVER, HONORABLE JOHNNY; commend .............................................. HR 700
GROVER, CHARLOTTE A.; commend ............................................................... HR 664
GUARDIAN AND WARD Guardian of property; same as guardian of person; exception .............................. HB 635 Juvenile courts; jurisdiction to appoint temporary guardians................................ HB 103 Standby Guardianship Act; enact .......................................................................... HB 917 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191
GUARDS Private investigators and security guards; licensure; reciprocity agreements ....... HB 736 Private security guards; arrest powers ................................................................... SB 168
GUILFORD, JONATHAN; commend ................................................................... HR 440
GUNN, U. S. NAVY SIGNALMAN SEAMAN RECRUIT CHERONE LOUIS; condolences ....................................................................... HR 59
Refer to numerical index for page numbers

3930

INDEX

GWINNETT COUNTY Community improvement districts; create............................................................. HB 654 Grant easement ...................................................................................................... SR 35 Recorder's court; judge pro hac vice; compensation............................................. SB 143 Recorder's court; judges; compensation................................................................ SB 144 Recorder's court; jurisdiction over traffic offenses............................................... SB 243 School district ad valorem tax exemption; eliminate 24 month home ownership requirement ........................................................................................ SB 219 Sheriff; vacancies .................................................................................................. HB 873 State court; chief judge; additional supplement .................................................... SB 142
GWINNETT JUDICIAL CIRCUIT Add judge .............................................................................................................. HB 450 Add judge .............................................................................................................. HB 771 Create new 8th judgeship ....................................................................................... SB 244 Superior court judges; salary supplement.............................................................. SB 141
GWIZDAK, JOHN F.; invite to House................................................................... HR 36
H
HABEAS CORPUS Persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners ............................................................................. SB 206
HAINES, MAJOR GENERAL DENNIS G.; ROBINS AIR FORCE BASE; invite to House ........................................................................... HR 219
HALE, HONORABLE GAIL; commend .............................................................. HR 706
HALL COUNTY; homestead exemption; certain residents .................................... HB 705
HALLE, MR. AND MRS. CLAUS; 50th wedding anniversary; commend............ HR 588
HAMBY, DENVAL B.; commend .......................................................................... HR 105
HAMBY, VALERIE LOUISE; compensate .......................................................... HR 102
HAMILTON-TURNER INN; commend................................................................ HR 288
HAMPTON, DAWN G.; commend ........................................................................ HR 240
Refer to numerical index for page numbers

INDEX

3931

HANCOCK COUNTY; commission chairperson; salary ....................................... HB 888
HANDICAPPED PERSONS Disabled adults and elder persons; abuse, neglect, and exploitation; increase penalty .............................................................................. HB 289 Disabled persons; public buildings; restroom accessibility................................... HB 401 Employees' Retirement; disability benefits; earnings maximum .......................... HB 387 Equal employment; persons with disabilities; certain blood disorders ................. HB 519 Governor's Council on Developmental Disabilities Day; declare 2/22/01 ........... HR 218 Guide Dogs for the Blind, State Board of; create.................................................. HB 979 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 State authorities, advisory boards, councils, commissions, and committees; abolish certain entities.............................................................. SB 196 Textbooks; make available in electronic format.................................................... HB 228 Volunteer firemen; certain injuries; temporary disability compensation .............. HB 461 Witnesses; hearing impaired persons; interpreters ................................................ HB 859
HANNAN, LYDA HAYWOOD; condolences ....................................................... HR 315
HARALSON COUNTY; board of elections and registration; create ..................... HB 819
HARDY, REVEREND DR. ROY; commend ........................................................ HR 356
HARLEM, CITY OF; mayor and council; terms.................................................... HB 892
HARLOW, BILL; commend................................................................................... HR 295
HARRINGTON, J. FLOYD; commend ................................................................. HR 469
HARRIS COUNTY HIGH SCHOOL VARSITY LADIES FAST PITCH SOFTBALL TEAM; invite to House ......................................... HR 175
HARRIS, DONALD; condolences .......................................................................... HR 587
HARRIS, JILL WARREN; commend ................................................................... HR 148
HARRISON HIGH SCHOOL Girls cross country team; invite to House.............................................................. HR 95 Girls golf team; invite to House ............................................................................ HR 93 Girls softball team; invite to House....................................................................... HR 94
HAWKINS, HOLMES, SR.; condolences.............................................................. HR 416
Refer to numerical index for page numbers

3932

INDEX

HAWKINS, JUDY HOWARD; condolences......................................................... HR 776
HAYGOOD, ANDREW; commend........................................................................ HR 41
HAZARDOUS SUBSTANCES Environmental Protection Division; rules and regulations; risk assessment and cost benefit analysis ................................................................... HB 587 Joint Hazardous Sites Response Act Reauthorization Study Committee; create................................................................................................ HR 174
HEALTH Breast-feeding in public places ............................................................................. HB 674 Breast-feeding in public places; change provisions .............................................. SB 221 Business documents containing personal information; proper disposal................ HB 926 Clinical laboratories; capillary blood tests; clarify exemption .............................. HB 77 Clinical laboratories; powers and duties; transfer to Department of Community Health .......................................................................................... HB 8 Community Health Centers Day; recognize 2/8/01 .............................................. HR 220 Death investigation; inquests; subpoenas by medical examiners for certain medical records........................................................................................ SB 110 Emergency care or treatment; lay rescuers; regulate use of CPR and defibrillators; tort immunity. ............................................................................... SB 51 Emergency services and emergency medical providers; redefine ......................... HB 621 EMS technicians, paramedics, and cardiac technicians; regulations; transfer functions to Department of Human Resources ...................................... SB 132 Eye banks; operators; provisions........................................................................... HB 285 Fair Insurance Business Practices Act of 2001; enact........................................... HB 716 First trimester abortions; regulate certain facilities ............................................... HB 953 Georgia Health Care Act; enact ............................................................................ HB 638 Health care facilities; certain rural hospitals; certain exemption .......................... HB 471 Health care facilities; confidential information disclosed to a governmental agency ........................................................................................ SB 238 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects...................................................................................... HB 470 Health insurance coverage; colorectal cancer screening ....................................... HB 951 Health insurance; maternity benefits; notices........................................................ HB 525 Health records; copies requested by patient's authorized agent............................ HB 339 Health records; patient or provider request for medical records; furnishing copies; costs, fees............................................................................... SB 30 Health services and clinical laboratories; prohibitions.......................................... HB 825
Refer to numerical index for page numbers

INDEX

3933

Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures .............................................................................................. HB 158
Hospitals; denial of staff privileges....................................................................... HB 268 Hospitals; newborns; eligibility for medical assistance ........................................ HB 978 House Emergency Motorist Aid Study Committee; create ................................... HR 129 House Study Committee on Hepatitis C; create .................................................... HR 371 House Study Committee on Tick-Borne Illnesses in Georgia; create ................... HR 273 Indemnification; emergency medical service personnel employed by nonprofit agencies - CA.................................................................................. SR 86 Injuries, Joint Study Committee on the Prevention and Emergency
Care of; create...................................................................................................... SR 134 Joint Study Committee on Medical Care for Prison Inmates; create..................... HR 455 Local hospital authorities; membership................................................................. HB 119 Medical patient records; privacy regulations; release and handling;
subpoenas; objections .......................................................................................... SB 210 Mental health; regional and substance abuse boards; abolish;
transfer functions ................................................................................................. HB 498 Nursing facilities; reimbursement methodologies; direct Department
of Community Health to adopt ............................................................................ HR 275 Nursing homes, nursing facilities, or intermediate care homes;
civil monetary penalties....................................................................................... HB 264 Nursing homes; employee criminal records checks; certain liability.................... HB 263 Obesity in Children; Joint Committee to Study Physical Activity
(Recess) in Schools.............................................................................................. SR 252 Ovarian Cancer Awareness Month; designate April ............................................. HR 143 Patient Right to Know Act of 2001; enact; creation of physician profiles............ HB 156 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Physical or verbal harassment, abusive language or obstruction of a
public safety communications officer prohibited ................................................ SB 133 Psychologists; authorization to prescribe drugs .................................................... HB 329 Seat belts; child safety restraint; physical or medical condition preventing use ... HB 248 Vital records; certain birth certificates; amend provisions.................................... HB 664
HEALTH CARE PLANS County boards of education; inclusion in certain health insurance plans.............. HB 724 Fair Insurance Business Practices Act of 2001; enact........................................... HB 716 Georgia Health Care Act; enact ............................................................................ HB 638 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests....................................................... SB 53 Health care practitioners; credentialing data; centralized collection..................... HB 356 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Health insurance coverage; colorectal cancer screening ....................................... HB 951 Insurance; arbitration; denial of coverage or refusal to pay claim ........................ HB 901
Refer to numerical index for page numbers

3934

INDEX

Insurance; emergency health care provider; redefine............................................ HB 622 Insurance; health care insurers; explanation of benefits statements...................... HB 720 Insurers; surplus line coverage; foreign and alien insurers; explanatory brochures; disapproved late filings; claims
experience reporting to group policyholders ....................................................... SB 177 Ovarian cancer surveillance tests; health benefit policy coverage ........................ SB 98
HEALTH INSURANCE Arbitration; denial of coverage or refusal to pay claim......................................... HB 901 Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create............. HR 342 Consumer Choice Negotiated Health Insurance Plan Act; enact .......................... HB 434 Coverage; breast cancer......................................................................................... HB 79 Coverage; colorectal cancer screening .................................................................. HB 951 Coverage for neurological disorders; autism......................................................... HB 565 Fair Insurance Business Practices Act of 2001; enact........................................... HB 716 Georgia Health Care Act; enact ............................................................................ HB 638 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests....................................................... SB 53 Health care insurers; explanation of benefits statements ...................................... HB 720 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects............................................................................. HB 470 House Study Committee on Medicare; create ....................................................... HR 2 Income tax; health insurance premium; exemption............................................... HB 186 Maternity benefits; notices .................................................................................... HB 525 Ovarian cancer surveillance tests; health benefit policy coverage ........................ SB 98 Registered Nurse First Assistant Consumer Act; surgical services; insurer reimbursement ......................................................................................... SB 82 Social Security Act; urge Congress amend Title XXI; PeachCare for Kids ......... HR 101 State employees' health insurance plans; prescription drugs; senior citizens ....... HB 711 Teachers and public school employees; state employees' health insurance plan; monthly premiums...................................................................... HB 491 Termination of group coverage; notification......................................................... HB 750 Timely payment; interest penalty........................................................................... HB 169
HEARING AND HEARING AIDS (See Handicapped Persons)
HEATH, HAZEL; commend................................................................................... HR 534
HENRY COUNTY Homestead exemptions; certain residents.............................................................. HB 834 State court; clerk and deputy clerks....................................................................... HB 758
Refer to numerical index for page numbers

INDEX

3935

HENRY COUNTY MIDDLE SCHOOL EIGHTH GRADE BOYS BASKETBALL TEAM; commend ......................................................... HR 475
HERITAGE TRAIL; designate as part of Blue Star Memorial Highway .............. HR 272
HESTER, NETTIE LOU SMALLWOOD AND CHARLES WESLEY; commend........................................................................ HR 79
HICKS, SAMUEL W.; commend ........................................................................... HR 191
HIGGSTON, CITY OF; new charter...................................................................... HB 309
HIGHWAYS, BRIDGES, AND FERRIES A. S. Newton Highway; designate......................................................................... HR 278 Abandonment of public roads; utility systems; removal of lines .......................... HB 913 Baldwin Veterans Memorial Highway; designate; Dillard Bluegrass & BBQ Festival; designate as Kansas City Championship ..................................... SR 183 Betty Jo Williams Interchange; designate ............................................................. HR 451 Bill Stanfill Highway; designate; Virgil Bledsoe Highway; designate ................. SR 70 Blue Star Memorial Highway; designate............................................................... HR 181 Bobby Goldin Highway; designate........................................................................ HR 388 Carl Dover Memorial Bridge; designate ............................................................... HR 433 Carl Dover Memorial Bridge; designate ............................................................... SR 215 C. Lloyd Smith Parkway; designate ...................................................................... HR 99 Contracts; bond provisions; public works ............................................................. HB 513 Dennis Fulton Douglass Highway; designate........................................................ HR 185 Developmental highway system; change description............................................ HB 412 Developmental highway system; change description of roads.............................. HB 199 Developmental highway system; road corridors; change description; restrict naming or renaming roads, bridges, interchanges ................................... SB 40 Disabled American Veterans Intersection; designate............................................ HR 280 Dorothy Felton Interchange; designate.................................................................. SR 58 Earl Paulk Parkway; designate .............................................................................. SR 279 Earl T. Shinhoster Bridge; designate..................................................................... HR 182 Gary P. Braddy Highway; designate...................................................................... HR 402 Gold Creek Parkway; designate ............................................................................ SR 230 Heritage Trail; designate as part of Blue Star Memorial Highway ....................... HR 272 Highways; high occupancy vehicle lanes; minimum passengers ......................... HB 159 Highways; high occupancy vehicle lanes; purchasing use .................................... HB 34 Historic Dixie Auto Highway; designate............................................................... HR 411 Historic Dixie Highway Auto Trail; designate...................................................... HR 431 House Local Assistance Road Program Study Committee; create........................ HR 392
Refer to numerical index for page numbers

3936

INDEX

Hugh J. Thomas Bridge; designate........................................................................ HR 270 Indemnification; Transportation Department highway employees killed or permanently disabled in line of duty; definitions; State
Indemnification Commission membership.......................................................... SB 61 Jack Peed Bridge; designate; Jonathan Jackson McCants Bridge; redesignate .... SR 41 James Hulman Stanford Memorial Bridge; designate........................................... SR 345 Jesse O. Kennedy, Jr. Memorial Bridge; designate ............................................... SR 190 Jim Tysinger Interchange; designate ..................................................................... HR 450 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create.................................................................................. HR 215 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Judge C. Michael Roach Interchange; designate................................................... HR 271 License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250 License plates; special Wildflower plates for Roadside Enhancement
and Beautification Fund; antique vehicles, historical Georgia license plate....... SB 97 Lucinda Williams Adams Highway; designate ..................................................... HR 459 M. Merrill Johnson, Sr., Highway; designate........................................................ HR 144 Marshlands; prohibit bridges and causeways; exception ...................................... HB 300 Marvin O. Bowdoin Intersection, Jim Tysinger Interchange,
and Betty Jo Williams Interchange; designate..................................................... HR 454 Mass transit; advertising; limitation on prohibitions............................................. HB 708 Motor vehicles on public roads; prohibit nitrous oxide......................................... HB 151 Multi-lane highways; requirements when emergency vehicles stopped ............... HB 540 Off-road vehicles; use on public highways; prohibition; exception...................... HB 194 Old National Highway (S.R. 279); Joint Committee to Study Expanding ............ SR 170 Outdoor advertising; prohibit certain signs ........................................................... HB 247 Outdoor advertising signs; interstate highway locations; multiple
message signs ...................................................................................................... SB 59 Power Alley Development Authority Act; enact................................................... HB 744 Property dedication; land for public road; presumptions ...................................... HB 714 Property owners' associations; assessments; street repairs ................................... HB 776 Property owner's rights in eminent domain proceedings; just compensation; interference with property access................................................ SB 49 Public roads and bridges; naming or renaming; prohibition ................................. HB 568 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Reverend Hosea L. Williams Parkway; designate................................................. HR 460 Signs along public roads; change penalty provisions............................................ HB 964 State Public Transportation Fund; limitations; expenditures and use of proceeds .................................................................................................... HB 803 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134 Transportation, Department of; interstate rest areas; display POW-MIA flag and plaque ................................................................................. HB 294
Refer to numerical index for page numbers

INDEX

3937

Transportation, Department of; public works contracts; bonds of successful bidders............................................................................................ SB 180
Trisha Yearwood Parkway, Dr. Jimmy W. Waters Interchange, Representative Debra Mills Commemorative Bridge, Jesse O. Kennedy, Jr. Memorial Bridge, and Ed and Harold McGarity Memorial Bridge; designate ................................................................................ HR 453
Trucks on multilane highways; designated usage lanes ........................................ HB 345 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Tyrone Brooks Freedom Highway; designate ....................................................... HR 393 Vehicles and loads; unginned cotton; securing loads............................................ HB 960 Veterans Memorial Highway; designate ............................................................... SR 275 Virgil Bledsoe Highway; designate....................................................................... HR 372 Virgil Bledsoe Highway; designate....................................................................... SR 248 Walter C. Perkins Highway; designate.................................................................. HR 276 Walter W. Harrison Highway; designate............................................................... HR 145 Water permeable surfaces; roads, sidewalks, parking lots; requirement............... HB 650 Wines; domestic farm wineries; licensing and sale of wines; designate
Georgia Wine Highway ....................................................................................... SB 155
HILL, BOBBY LEE; condolences .......................................................................... HR 164
HISTORIC DIXIE AUTO HIGHWAY; designate............................................... HR 411
HISTORIC DIXIE HIGHWAY AUTO TRAIL; designate ................................. HR 431
HOLLAND, PEGGY; commend............................................................................. HR 745
HOLLEY, SUE NELL; commend .......................................................................... HR 756
HOLLY SPRINGS, CITY OF; terms; mayor and council..................................... HB 512
HOMEOWNER TAX RELIEF GRANTS; annual appropriation ........................ HB 494
HOMESTEAD EXEMPTION Amount of state levy.............................................................................................. HB 213 Certain assessed value difference.......................................................................... HB 347 Certain assessed value difference.......................................................................... HB 408 Certain residents .................................................................................................... HB 299 Married person not living with spouse .................................................................. HB 331
HOOPER, JEANETTE; commend......................................................................... HR 548
HORTON, LESLIE CLEVELAND; commend..................................................... HR 155
Refer to numerical index for page numbers

3938

INDEX

HOSPITALS AND OTHER HEALTH CARE FACILITIES Board of Regents; contracts with hospitals; surgical procedures.......................... HB 323 Confidential information disclosed to a governmental agency ............................. SB 238 Contracts contrary to public policy; insurers and certain hospitals....................... HB 102 First trimester abortions; regulate certain facilities ............................................... HB 953 Georgia Health Care Act; enact ............................................................................ HB 638 Health care facilities; certain rural hospitals; certain exemption .......................... HB 471 Health care practitioners; credentialing data; centralized collection..................... HB 356 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures.............................................................................. HB 158 Hospitals; denial of staff privileges....................................................................... HB 268 Hospitals; newborns; eligibility for medical assistance ........................................ HB 978 Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; create ...................................................................... SR 134 Local hospital authorities; membership................................................................. HB 119 Nursing facilities; reimbursement methodologies; direct Department of Community Health to adopt ........................................................ HR 275 Nursing homes; employee criminal records checks; certain liability.................... HB 263 Patient Right to Know Act of 2001; enact; creation of physician profiles............ HB 156 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Psychologists; authorization to prescribe drugs .................................................... HB 329 Rural hospitals; urge certain actions relative to .................................................... HR 230 Smoking in health care institutions; prohibit......................................................... HB 545 Torts; certain medical training programs; immunity ............................................. HB 954
HOTELS AND MOTELS Excise tax; amend definition ................................................................................. HB 50 Excise tax; counties and municipalities; amend provisions .................................. HB 780 Excise tax; local governments; maximum time of imposition .............................. HB 321 Persons and their rights; unlawful discrimination; amend provisions................... HB 941
HOUSE OF REPRESENTATIVES African American Business Enterprise Day; invite certain persons to House ...... HR 98 Albany-Dougherty County Day at state capitol; declare 1/24/01; invite officials to House....................................................................................... HR 96 Alpha Kappa Alpha Day; recognize 2/19/01; invite National President to House ............................................................................................... HR 262 Americus High School Panthers football team; invite coaches and players to House............................................................................................ HR 366 Ashe, Honorable Kathy; committee assignment .................................................Page 663 Atlanta Job Corps Center; invite director and staff to House................................ HR 501
Refer to numerical index for page numbers

INDEX

3939

Bailey, Nick; invite to House ................................................................................ HR 436 Berkmar High School Patriots basketball team; invite coaches and
players to House .................................................................................................. HR 618 Black, U. S. Olympian Julie Burns; invite to House ............................................. HR 179 Boy Scout Troop 535; invite to House .................................................................. HR 16 Boy Scouts of America; invite representatives to House ...................................... HR 485 Bremen High School Competitive Cheerleaders; invite to House ........................ HR 389 Bridges, Kenneth Rogers; invite to House ............................................................ HR 343 Campbell, Honorable William C. "Bill"; invite to House ..................................... HR 267 Cedar Grove High School Marching Band; invite to House ................................. HR 186 Central Gwinnett Girls Basketball Team; Class AAAA State
Champions; invite coaches and players to House................................................ HR 596 Clerk; election ....................................................................................................... Page 9 Clerk; oath of office .............................................................................................. Page 9 Coastal Empire Council of the Boy Scouts of America; invite to House.............. HR 124 Cocus, Trey, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan;
invite to House..................................................................................................... HR 34 Collins Hill High School Eagles cross-country team and principal;
invite to House..................................................................................................... HR 180 Collins Hill High School Eagles girls basketball team; invite coaches
and players to House............................................................................................ HR 595 Commerce High School Football Team; invite to House..................................... HR 137 Committee assignments.........................................................................................Page 22 Cordele-Crisp County Fish Fry; invite cooking team to House ........................... HR 222 Crisp Academy Debate Team; invite to House ..................................................... HR 504 Culloden Highland Games and Scottish Festival; invite
certain persons to House...................................................................................... HR 519 Dental Hygienists' Appreciation Day; recognize 2/23/01; invite
certain persons to House...................................................................................... HR 268 Dolinger, Honorable Stephen D.; invite to House................................................. HR 204 Doorkeeper; election .............................................................................................Page 19 Dougherty Comprehensive High School basketball team; invite to House .......... HR 565 Eager, Mary; invite to House................................................................................. HR 177 GAE-ESP Day; recognize 2/14/01; invite representatives to House..................... HR 253 Gatewood School Gators Basketball Team; invite to House ................................ HR 518 Gatewood School Lady Gators Basketball Team; invite to House ....................... HR 517 Georgia Farm Bureau Federation; invite president to House ................................ HR 138 Georgia Humanities Council and Dr. Jamil Zainaldin; invite to House................ HR 281 Georgia Masonic Lodges No. 131 and No. 135; invite to House ......................... HR 22 Georgia Recreation and Parks Association; invite representatives to House........ HR 20 Georgia Southern University Football Team; invite to House .............................. HR 127 Georgia State University's men's basketball team; invite to House ..................... HR 487
Refer to numerical index for page numbers

3940

INDEX

Girls and Women in Sports Day; recognize 2/8/01; invite certain athletes to House...................................................................................... HR 97
Goad, U. S. Olympian Robin Byrd; invite to House ............................................. HR 178 Gwizdak, John F.; invite to House ........................................................................ HR 36 Haines, Major General Dennis G.; Robins Air Force Base; invite to House ........ HR 219 Harris County High School Varsity Ladies Fast Pitch
Softball Team; invite to House............................................................................ HR 175 Harrison High School Girls Cross Country Team; invite to House ...................... HR 95 Harrison High School Girls Golf Team; invite to House ...................................... HR 93 Harrison High School Girls' Softball Team; invite to House ............................... HR 94 House Agricultural Water Conservation Incentive Program
Study Committee; create...................................................................................... HR 568 House Alcoholic Beverages Distribution System Study Committee; create......... HR 221 House Emergency Motorist Aid Study Committee; create ................................... HR 129 House Hartsfield-Atlanta Aviation Air Quality Impact Zone
Study Committee; create...................................................................................... HR 515 House Home Construction and Repair Study Committee; create ......................... HR 213 House Insurance Rate Regulation Study Committee; create................................. HR 26 House Local Assistance Road Program Study Committee; create........................ HR 392 House Study Committee on Certified Professional Midwifery; create ................. HR 128 House Study Committee on Exempting Educators from the
State Income Tax; create ..................................................................................... HR 456 House Study Committee on Hepatitis C; create .................................................... HR 371 House Study Committee on Medicare; create ....................................................... HR 2 House Study Committee on Minority Business Enterprise; create........................ HR 645 House Study Committee on Technology Education; create .................................. HR 410 House Study Committee on the Organization of the Public Delivery
System for Mental Health, Mental Retardation, and Substance Abuse Services; create......................................................................................... HR 648 House Study Committee on Tick-Borne Illnesses in Georgia; create ................... HR 273 House Study Committee on Universal School Breakfast; create .......................... HR 500 House Tourism Study Committee; create.............................................................. HR 514 House; relative to officials, employees, and committees ...................................... HR 5 International Technology Education Association; invite representatives to House..................................................................................... HR 254 Irwin County High School Girls Softball Team; invite to House ......................... HR 169 Jackson, Alan; invite to House .............................................................................. HR 462 Jefferson High School Lady Dragons Basketball Team; invite to House ............. HR 569 Jefferson High School Lady Dragons Softball Team; invite to House ................. HR 136 Jefferson High School Wrestling Team; invite to House ...................................... HR 367 Joint session; former state capitol in Milledgeville; January 23, 2001 ................. HR 33 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176
Refer to numerical index for page numbers

INDEX

3941

Joint session; message from Chief Justice of Supreme Court ............................... HR 8 Joint session; recognize 250 Years of Representative Government...................... HR 6 Joint Study Committee on Public School Size; create........................................... HR 223 Ledford, Hanna; invite to House ........................................................................... HR 327 Legislative Services Committee; meetings; twice yearly...................................... HB 700 Lobbyists; gathering place; urge designation by Legislative
Services Committee............................................................................................. HR 598 Madison, Bishop S. C.; invite to House ................................................................ HR 21 Mandela, Honorable Winnie; invite to House ....................................................... HR 266 MARTA; commercial development; urge MARTOC evaluate ............................ HR 395 McIntosh High School Lady Chiefs and Chiefs soccer teams;
invite to House..................................................................................................... HR 11 Messenger; election ...............................................................................................Page 19 Military monuments, statues, plaques, markers, and memorials;
express intent of House to protect ....................................................................... HR 559 Morgan County High School Wrestling Team; invite to House ........................... HR 370 Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the
Eastern Star; invite to House ............................................................................... HR 206 Mull, Lt. Bill L.; invite to House .......................................................................... HR 173 North Georgia College and State University Blue Ridge Rifles and
Color Guard; invite to House .............................................................................. HR 437 Notify Senate; House convened ............................................................................ HR 3 Parkview High School Panthers football team; invite to House ........................... HR 19 Peanut industry in Georgia; commend; invite Terry Pickle to House ................... HR 326 Price, Dr. Nelson L.; invite to House .................................................................... HR 369 Putnam County High School Future Farmers of America dairy
judging team; invite to House.............................................................................. HR 368 Representative-Elect Pamela Stanley; oath of office ..........................................Page 117 Representatives-Elect; oath of office ......................................................................Page 7 Republican Caucus; election of officers................................................................Page 46 Roy, Andrew Thompson; invite to House ............................................................. HR 187 Rules of House; adopt ........................................................................................... HR 4 Rules of House; amend Rule 12 ............................................................................ HR 597 Rules of House; amend Rule 13 ............................................................................ HR 274 Rules of House; amend Rule 27 ............................................................................ HR 277 Rules of House; amend Rule 29 ............................................................................ HR 563 Rules of House; amend Rules 6 and 29................................................................. HR 90 Safety plans; urge local school boards implement ................................................ HR 647 Savannah St. Patrick's Day Parade Committee; invite Ted Robertson, the Grand Marshal, and other representatives to the House................................ HR 340 Siegel, Dr. Betty L.; invite to House ..................................................................... HR 503 Silver-Haired Legislature; invite to House............................................................ HR 394
Refer to numerical index for page numbers

3942

INDEX

Skipper, Honorable Jimmy; committee assignment ............................................Page 663 Smith, Honorable Larry; resignation .....................................................................Page 34 Speaker; election .....................................................................................................Page 7 Speaker Pro Tem; election.....................................................................................Page 10 Starr's Mill High School 2000 Girls and Boys Varsity Soccer
Teams; invite to House ........................................................................................ HR 12 State departments; reports to standing committees of General Assembly ............ HB 86 Stefan, Sabrina D.; invite to House ....................................................................... HR 170 Stocks, Trooper First Class Lisa A.; invite to House ............................................ HR 172 Swainsboro Tigers High School football team and coaches; invite to House....... HR 184 Taylor County High School basketball team; invite coaches
and team to House ............................................................................................... HR 616 Taylor, Angelo; invite to House ............................................................................ HR 269 Tedesco, Dr. Francis J.; invite to House................................................................ HR 35 Tharpe, Larry; invite to House .............................................................................. HR 214 Trickum Middle School Academic Bowl Team and coaches; invite to House..... HR 408 Turfgrass and environmental horticulture; urge governmental
agencies ensure adequate water supplies............................................................. HR 564 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Westover High School basketball team; invite to House ...................................... HR 566 Westwood Wildcats High School football team; invite to House ......................... HR 13 Wheeler, Pete and Jim Frederick; Commissioner and Assistant
Commissioner of Veterans Service; invite to House........................................... HR 486
HOUSE, FIREFIGHTER BILLY; commend........................................................ HR 430
HOUSING (See Buildings and Housing)
HOUSING AND FINANCE AUTHORITY Retailing and signage; authorized purposes .......................................................... HB 317
HOUSTON COUNTY Convey property .................................................................................................... HR 139
HOUSTON, CHRIS; commend .............................................................................. HR 532
HUBBARD, RACHEL; commend.......................................................................... HR 146
HUBBERT, HONORABLE BRAD Election; State Board of Transportation; Fourth Congressional District ............Page 173
HUDGINS, GERALD; commend ........................................................................... HR 489
Refer to numerical index for page numbers

INDEX

3943

HUGH J. THOMAS BRIDGE; designate.............................................................. HR 270
HUGHES, MARY SALLIE CLARK; commend .................................................. HR 478
HUMAN RESOURCES, DEPARTMENT OF EMS technicians, paramedics, and cardiac technicians; regulations; transfer functions to Department of Human Resources ...................................... SB 132 Juvenile courts; parental payments; certain reimbursement.................................. HB 143 Nursing homes, nursing facilities, or intermediate care homes; civil monetary penalties....................................................................................... HB 264 Schools; indoor air quality; annual inspections..................................................... HB 718 Witnesses; hearing impaired persons; qualified interpreters................................. HB 859
HUNTING (Also, see Game and Fish) Primitive weapons hunts; firearm exception; certain persons ............................... HB 266 Regulation by Department of Natural Resources; prohibit local ordinances ........ HB 301
HUTTENBACH, LAURA LEE; commend ........................................................... HR 586
I
INCOME TAX Abolish; conform certain OCGA references ......................................................... HB 938 Alternative income tax credits; port traffic increases............................................ HB 609 Capital gains .......................................................................................................... HB 596 Certain military service exemption........................................................................ HB 165 Certain military service exemption........................................................................ HB 238 Change certain tax tables....................................................................................... HB 104 Change computation tables.................................................................................... HB 22 Change definitions................................................................................................. HB 55 Corporate income tax; apportionment formulas; comprehensive revision............ HB 485 Credit; certain charitable donations....................................................................... HB 589 Credit; certain private driver education expenses ................................................. HB 452 Credit; certain students ineligible for PROMISE teacher's scholarship ............... HB 573 Credit; child care expenses .................................................................................... HB 281 Credit; child care expenses .................................................................................... HB 682 Credit; corporation assign to affiliated corporation............................................... HB 611 Credit for low-emission vehicles and zero emission vehicles............................... HB 261 Credit; property donations; greenspace ................................................................. HB 229 Credit; qualified child care expenses..................................................................... HB 649 Credit; qualified Georgia resident ......................................................................... HB 496
Refer to numerical index for page numbers

3944

INDEX

Credit; taxpayer mentoring services ...................................................................... HB 505 Credit; tutoring or summer school; maximum....................................................... HB 493 Credits; certain businesses in border counties....................................................... HB 709 Credits; certain enterprises; additional designated areas....................................... HB 490 Credits; low-income housing................................................................................. HB 572 Credits; low-income housing; ad valorem tax; fair market value ......................... HB 509 Credits; qualified business expansion; employee transportation benefits;
tax deduction; minority subcontractors ............................................................... HB 607 Credits; qualified low-income buildings; amend provisions................................. HB 460 Credits; qualified personal mass transportation expenses ..................................... HB 900 Driver education; public school courses; tax credit .............................................. HB 539 Earned Income Credit; low-income tax credit....................................................... HB 236 Earned Income Credit; repeal low-income tax credit............................................ HB 123 Exclusion; qualified education related expenses................................................... HB 588 Gradual reduction .................................................................................................. HB 215 Gradual reduction and abolishment....................................................................... HB 3 Health insurance premium; exemption.................................................................. HB 186 Higher Education Savings Plan; enact .................................................................. HB 417 Higher education savings plans; contributions; income tax exclusions ................ HB 946 House Study Committee on Exempting Educators from the
State Income Tax; create ..................................................................................... HR 456 Individual development accounts; comprehensive regulation............................... HB 397 Insurance companies; income tax credit; college student employees ................... HB 403 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Reduce rates; certain taxpayers ............................................................................. HB 958 Rehabilitation of historic structures; limitations ................................................... HB 118 Repeal and eliminate ............................................................................................. HB 314 Retirement income; exempt certain persons.......................................................... HB 257 Retirement income; increase exclusion ................................................................. HB 179 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582 State withholding requirements; eliminate ............................................................ HB 10 Tables; net income brackets; change certain provisions ....................................... HB 624 Tables; net income brackets; change certain provisions ....................................... HB 804 Taxable net income; capital gains ......................................................................... HB 812 Taxable net income; exclude capital gains ............................................................ HB 4 Taxable net income; exclude retirement income ................................................... HB 5 Telecommuting credit............................................................................................ HB 167
INDEMNIFICATION Department of Transportation highway employees killed or permanently disabled in line of duty; definitions; State Indemnification Commission; membership......................................................... SB 61 Emergency medical service personnel employed by nonprofit agencies CA..... SR 86
Refer to numerical index for page numbers

INDEX

3945

Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Volunteer firemen; certain injuries; temporary disability compensation .............. HB 461
INDIGENT (See Social Services)
INDUSTRIAL LOANS; change fees and late fees; increase monthly charge........ HB 152
INDUSTRY, TRADE, AND TOURISM, DEPARTMENT OF Income tax credits; certain businesses in border counties..................................... HB 709
INFORMATION TECHNOLOGY (See Electronic Technology and Transmissions)
INSURANCE Arbitration; denial of coverage or refusal to pay claim......................................... HB 901 Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create............. HR 342 Business documents containing personal information; proper disposal................ HB 926 Cancellation; provide loss history to insured ........................................................ HB 166 Certain cancellation; written consent .................................................................... HB 629 Certain discriminatory practices; prohibit ............................................................. HB 24 Claims against insurers; bad faith refusal to pay; motor vehicle liability claims; unfair claims practices ............................................................................ HB 478 Consumer Choice Negotiated Health Insurance Plan Act; enact .......................... HB 434 Dangerous dog owners; liability insurance ........................................................... HB 731 Delivery of notices by overnight or commercial delivery service......................... SB 25 Drug-free workplace programs; certification; on-site testing; employer's education program ............................................................................................... SB 186 Emergency health care provider; redefine............................................................. HB 622 Fair Insurance Business Practices Act of 2001; enact........................................... HB 716 Financial Information Privacy Protection Act; enact ............................................ HB 455 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests .................................................................... SB 53 Health care insurers; explanation of benefits statements ...................................... HB 720 Health insurance coverage; breast cancer.............................................................. HB 79 Health insurance coverage; colorectal cancer screening ....................................... HB 951 Health insurance; coverage for neurological disorders; autism ............................ HB 565 Health insurance; maternity benefits; notices........................................................ HB 525 Health insurance; timely payment; interest penalty............................................... HB 169 House Insurance Rate Regulation Study Committee; create................................. HR 26 Income tax credits; qualified low-income buildings; amend provisions............... HB 460 Indemnification; emergency medical service personnel employed by nonprofit agencies - CA.................................................................................. SR 86
Refer to numerical index for page numbers

3946

INDEX

Insurance companies; income tax credit; college student employees ................... HB 403 Insurance premium finance companies; adverse underwriting decision ............... HB 395 Insurance premium finance companies; amend provisions................................... HB 233 Insurance premium tax; reduce rate; amend provisions ........................................ HB 577 Insurance transactions; information gathered; amend provisions ......................... HB 446 Insurers; insolvency; rehabilitation and liquidation; liability of
reinsurers; payments under contract .................................................................... SB 72 Insurers; surplus line coverage; foreign and alien insurers; explanatory
brochures; disapproved late filings; claims experience reporting to group policyholders ......................................................................................... SB 177 Motor vehicle insurance; claims payments; lien holder and claimant................... HB 706 Motor vehicle insurance; liability settlements; notice to insured .......................... HB 548 Motor vehicle insurance; uninsured motorist; minimum coverage ....................... HB 187 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Ovarian cancer surveillance tests; health benefit policy coverage ........................ SB 98 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Property insurance; certain fire policies; value of property................................... HB 358 Public records disclosure; non-disclosure of specific personal information ......... SB 205 Registered Nurse First Assistant Consumer Act; enact......................................... HB 355 Registered Nurse First Assistant Consumer Act; surgical services; insurer reimbursement ......................................................................................... SB 82 Resident and nonresident insurance agents, subagents, surplus line brokers, counselors, adjusters; licensing ...................................................... HB 352 Termination of group coverage; notification......................................................... HB 750 Viatical Settlements Act; enact.............................................................................. HB 883 Workers' compensation; amend provisions; increase benefits.............................. HB 497 Workers' compensation; certain exemptions; building permit requirements........ HB 643 Workers' compensation; farm laborers; amend provisions ................................... HB 952
INTANGIBLES TAXATION Income tax; abolish; conform certain OCGA references ...................................... HB 938 Real estate transfer tax; change provision ............................................................. HB 56 Real estate transfer tax; exempt certain instruments and writings ........................ HB 699
INTEREST AND USURY Interest; alimony or divorce payments; 30 days late ............................................. HB 492 Mortgage brokers and mortgage lenders; interest and fees; prohibition ............... HB 359
INTERNATIONAL TECHNOLOGY EDUCATION ASSOCIATION; invite representatives to House................................................ HR 254
IRWIN COUNTY; vehicle registration period........................................................ HB 788
Refer to numerical index for page numbers

INDEX

3947

IRWIN COUNTY HIGH SCHOOL GIRLS SOFTBALL TEAM; invite to House......................................................................................... HR 169
J
J. DONALD KILGORE STATE CRIME LAB; designate .................................. HR 9
JACKSON, ALAN; invite to House........................................................................ HR 462 JACKSON, WILLIE MATHIS; 86th birthday; commend ..................................... HR 584
JAILS Convicted persons in local jails; transfer custody ................................................. HB 658 Peace Officers' Annuity and Benefit; county jail officers; membership............... HB 608
JAMES, ONYX ROBERT; recognize birth ........................................................... HR 542
JARRARD, JOHN; condolences............................................................................. HR 418
JASPER, CITY OF Corporate limits ..................................................................................................... HB 732 Corporate limits ..................................................................................................... HB 778
JEFF DAVIS MIDDLE SCHOOL; commend ...................................................... HR 390
JEFFERSON, CITY OF; new charter .................................................................... HB 826
JEFFERSON HIGH SCHOOL Lady Dragons basketball team; invite to House........................................................ HR 569 Lady Dragons softball team; invite to House............................................................ HR 136 Wrestling team; invite to House................................................................................ HR 367
JESSE O. KENNEDY, JR. MEMORIAL BRIDGE Designate ............................................................................................................... HR 453 Designate ............................................................................................................... SR 190
JEWISH COMMUNITY CENTER 2001 MACCABI GAMES; commend ....... HR 714
JIM TYSINGER INTERCHANGE Designate ............................................................................................................... HR 450 Refer to numerical index for page numbers

3948

INDEX

Designate ............................................................................................................... HR 454
JOHN HANCOCK ACADEMY GIRLS' BASKETBALL TEAM; commend ................................................................................................. HR 659
JOHNSON, HONORABLE RUDOLPH; commend............................................. HR 552
JOHNSON, MANDY S.; commend ........................................................................ HR 243
JOHNSTONVILLE GARDEN CLUB; commend ................................................ HR 398
JONES COUNTY; grant easement ......................................................................... SR 35
JONES, GRADY; commend ................................................................................... HR 738
JONES, RAY; compensate ...................................................................................... HR 23
JONES, REVEREND ELIJAH; commend............................................................ HR 769
JONES, REVEREND JOSEPH, SR.; condolences ............................................... HR 313
JONES, TIM; commend .......................................................................................... HR 75
JONES, TRONE; commend.................................................................................... HR 557
JUDGE C. MICHAEL ROACH INTERCHANGE; designate............................ HR 271
JUDGES Court proceedings; request certain elected judges to conduct............................... HB 218 Courts; election of justices and judges .................................................................. HB 523 Creating rules of law on retroactive basis; prohibit............................................... HB 782 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Employees' Retirement; appellate court judges; 12 years' service ....................... HB 754 Judicial Retirement; certain military service; creditable service........................... HB 963 Judicial Retirement; creditable service.................................................................. HB 283 Judicial Retirement; state court judges; transfer funds from Employees' Retirement ....................................................................................... HB 254 Judicial Retirement; survivors benefit fund; public retirement systems; contract with State Employees' Assurance Department ....................... HB 557 Judicial Retirement; 30 years' service................................................................... HB 962 Judicial Retirement; transfer from local system; creditable service...................... HB 625 Part-time teaching in postsecondary schools; compensation................................. SB 107
Refer to numerical index for page numbers

INDEX

3949

Senior judges; qualifications; allowable service required for appointment .......... SB 96 State court judges; qualifications for election and reelection................................ SB 220 Superior and state courts; election of judges......................................................... HB 522
JUDGMENT (See Verdict and Judgment)
JUDICIAL CIRCUITS Atlanta Judicial Circuit; add judge ........................................................................ HB 805 Augusta, Gwinnett, Rome, and Atlanta Judicial Circuits; add judges .................. HB 450 Certain law assistants; compensation .................................................................... HB 717 Cobb Judicial Circuit; judges; supplement............................................................ HB 312 Employees' Retirement; certain law assistants; membership................................ HB 606 Gwinnett Judicial Circuit; add judge ..................................................................... HB 771 Gwinnett Judicial Circuit; create new 8th judgeship.............................................. SB 244 Rome Judicial Circuit; add judge .......................................................................... HB 180 Tallapoosa Judicial Circuit; juvenile court judge; compensation.......................... HB 854
JUNIOR LEAGUE OF COBB-MARIETTA, INC.; commend ........................... HR 657
JUNIOR LEAGUES OF GEORGIA; commend................................................... HR 666
JURIES Civil cases; default judgment; waiver of jury trial ................................................ HB 741 Court bailiffs; compensation ................................................................................. HB 683 Driving under the influence; additional penalty; victim compensation; memorial marker.................................................................................................. HB 747
JUVENILE PROCEEDINGS Child advocate; motion to quash subpoenas; provisions....................................... HB 686 Children and Youth Coordinating Council; assign to Department of Juvenile Justice................................................................................................ HB 580 Juvenile courts; amend provisions......................................................................... HB 127 Juvenile courts; delinquent child; alternative detention ........................................ HB 201 Juvenile courts; jurisdiction; 18 years of age ........................................................ HB 382 Juvenile courts; jurisdiction to appoint temporary guardians................................ HB 103 Juvenile courts; parental payments; certain reimbursement.................................. HB 143 Juvenile courts; standards for transferring delinquency cases............................... HB 181 Juvenile courts; termination of proceeding; parental request................................ HB 527 Juvenile courts; transfer of cases from superior courts ......................................... HB 269 Juvenile Discovery Act; enact ............................................................................... HB 642 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Superior court clerks; bonds; juvenile court clerks; provisions ............................ HB 692
Refer to numerical index for page numbers

3950

INDEX

K
KAPPA ALPHA PSI FRATERNITY; commend.................................................. HR 513 KAPPA SIGMA FRATERNITY; commend ......................................................... HR 581 KAY, DR. JOHN WESLEY; commend ................................................................. HR 383 KELLEY, GILBERT M., JR.; commend .............................................................. HR 384 KELLEY, HORACE S. (BUD), JR.; condolences................................................. HR 629 KELLY, EMMA; condolences................................................................................ HR 308 KEMP, REID; commend ......................................................................................... HR 763 KENNEDY, ANGELA SHERICE; condolences................................................... HR 119 KENNEDY, REVEREND JOHNNIE B.; condolences......................................... HR 425 KENNESAW, CITY OF; corporate limits ............................................................. HB 831 KESLER, BROOKE; commend ............................................................................. HR 477 KICKER, JO; commend.......................................................................................... HR 537 KIMMEL, DR. STEVEN L.; commend ................................................................. HR 761 KING, JAMES AUTHUR; condolences ................................................................ HR 694 KINNEY, ALBERTA; commend............................................................................ HR 442 KIRK, TRIPP; commend ........................................................................................ HR 671 KIRKLAND, BOBBY W. AND CAROLYN; compensate ................................... HR 141 KROGER DAY AT THE CAPITOL; designate February 20, 2001 .................... HR 285

Refer to numerical index for page numbers

INDEX

3951

L
LABOR AND INDUSTRIAL RELATIONS Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create............. HR 342 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create .................................................................................... SR 134 Drug-free workplace programs; certification; on-site testing; employer's education program ............................................................................ SB 186 Education; certain non-graduates; assistance and training.................................... HB 801 Employment security; domestic employees; annual contributions........................ HB 68 Equal employment; persons with disabilities; certain blood disorders ................. HB 519 Minimum wage; increase hourly amount .............................................................. SB 14 Minors; certain employment; written parental permission.................................... HB 13 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Public Employees Labor Relations Act; enact ...................................................... HB 916 Sexual harassment ................................................................................................. HB 265 State authorities, advisory boards, councils, commissions, and committees; abolish certain entities..................................................................... SB 196 Subsequent Injury Trust Fund; payment of assessments ....................................... HB 114 Supplemental appropriations; Department of Labor ............................................. HB 730 Teachers Retirement; certain Department of Labor service; credit....................... HB 950 Unemployment compensation; eligibility; part-time work; undue family hardship .................................................................................................... HB 342 Unemployment compensation; redefine employment; exempt certain services.... HB 967 Workers' compensation; amend provisions; increase benefits.............................. HB 497 Workers' compensation; certain exemptions; building permit requirements........ HB 643 Workers' compensation; farm laborers; amend provisions ................................... HB 952
LAKES (See Rivers and Lakes)
LAMAR COUNTY; board of education; compensation ......................................... HB 840
LAND (See Property)
LAND, LAVANDER B.; commend ........................................................................ HR 637
LANDLORD AND TENANT Dispossessory proceedings; defenses and counterclaims; timeframes; appeals.... SB 46
Refer to numerical index for page numbers

3952

INDEX

LANIER, RHEANNA ALISE; congratulations on birth........................................ HR 420
LANTER, LEIGH; commend ................................................................................. HR 692
LAURENS COUNTY Grant easement ...................................................................................................... SR 35 Laurens County Public Facilities Authority; create............................................... HB 807
LAW ENFORCEMENT OFFICERS AND AGENCIES Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Criminal justice agencies; computerized files; accuracy of identifying data to Crime Information Center........................................................................ SB 129 Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation; Georgia Police Academy; status of director ................................. HB 579 Death investigation; inquests; subpoenas by medical examiners for certain medical records........................................................................................ SB 110 Employees' Retirement; certain law enforcement officers; increase benefit ........ HB 282 Family Violence and Stalking Protective Order Registry Act; enact; Georgia Protective Order Registry; centralized data base; electronic transmittal ........................................................................................... SB 57 Georgia Bureau of Investigation; narcotics agents; repeal certain retirement prohibition .......................................................................................... HB 389 Municipalities; intergovernmental agreements; police services............................ HB 212 Peace Officers' Annuity and Benefit; certain fraud investigators; membership ... HB 794 Peace Officers' Annuity and Benefit; certain reemployment; full retirement benefit .......................................................................................... HB 935 Peace Officers' Annuity and Benefit; county jail officers; membership............... HB 608 Peace Officer Standards and Training Council; membership ............................... HB 570 Physical or verbal harassment, abusive language or obstruction of a public safety communications officer prohibited ................................................ SB 133 Police chiefs and department heads; state radar permit; certain training .............. HB 341 Public Safety Department and Georgia Bureau of Investigation; certain incentive pay; increase......................................................................................... HB 202 Retired public safety officers and troopers; reemployment; continuation of retirement benefits........................................................................................... SB 292 Retired public safety officers and troopers; reemployment; continuation of retirement benefits........................................................................................... SB 293 Sexual offender registry; registration requirements; redefine sexual offenses against a minor; affect of discharge of a defendant .............................. SB 66
Refer to numerical index for page numbers

INDEX

3953

Sheriffs; qualifying for office; certification; unlawful engage certain businesses ................................................................................................ SB 37
Sheriffs; vacancies in offices................................................................................. HB 32 State agencies; rejected applications for law enforcement positions; written notification .............................................................................................. HB 72 State flag; certain funerals; Secretary of State provide ......................................... HB 767 State prison warden; motor vehicle; repeal certain provision ............................... HB 276 Superior court clerks; duties; digitally formatted records; electronic collection and transmission; back-up records; microfilm records....................... SB 50 Witnesses; certain law enforcement officers; create privilege .............................. HB 340
LAW, WESTLEY WALLACE; commend ............................................................ HR 325
LAWS AND STATUTES Constitutional challenges; notice to Attorney General.......................................... SB 271 Magistrates; minimum annual salary; effective date of census............................. HB 419
LAW'S HIGH NOON; 2001 National Field Trial Champion; recognize............... HR 592
LEDFORD, HANNA; invite to House .................................................................... HR 327
LEGISLATIVE COUNSEL Communications..........................................................Pages 35, 40, 44, 47, 48, 173, 176
LEGISLATIVE RETIREMENT; election of coverage; change date ................... HB 627
LESTER, DR. ARMY III; commend ..................................................................... HR 195
LIABILITY AND LIABILITY INSURANCE Agriculture; pick-your-own products; limited liability ......................................... HB 89 Business documents containing personal information; proper disposal................ HB 926 Claims against insurers; bad faith refusal to pay; motor vehicle liability claims; unfair claims practices ............................................................... HB 478 Dangerous dog owners; liability insurance ........................................................... HB 731 Hunting without landowner's permission; penalties ............................................. HB 742 Motor vehicle insurance; liability settlements; notice to insured .......................... HB 548 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Natural gas competition and deregulation; overcharges; marketer's liability....... HB 659 Nursing homes; employee criminal records checks; certain liability.................... HB 263 Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462

Refer to numerical index for page numbers

3954

INDEX

LIBERTY COUNTY Board of education; compensation ........................................................................ HB 746 State court; judge and solicitor-general ................................................................. HB 745
LIBRARIES Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Certification; continuing education ....................................................................... HB 388
LICENSE PLATES AND REGISTRATION Authentic historical Georgia license plate; definition ........................................... HB 117 Authentic historical Georgia license plate; redefine ............................................. HB 689 Dog and cat sterilization program; license plates promoting ................................ HB 945 Dog and cat sterilization; special license plate funding - CA ............................... HR 264 Irwin County; vehicle registration period.............................................................. HB 788 License plates and fees; change definitions........................................................... HB 63 License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250 License plates; free of charge; active duty U.S. armed forces members............... SB 176 License plates on government vehicles; change appearance................................. HB 222 License plates on government vehicles; change appearance................................. HB 239 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385 Motor vehicles; registration, licensing, titling; amend provisions ........................ HB 253 Off-road vehicles; registration and licensing ........................................................ HB 526 Off-road vehicles; registration, titling, and operation; provisions ........................ HB 433 Prestige license plates; additional fees; exemption ............................................... HB 432 Special license plates; armed forces; certain members ......................................... HB 346 Special license plates; Ducks Unlimited ............................................................... HB 259 Special license plates; retired military persons; Trout Unlimited ......................... HB 183 Special license plates; Trout Unlimited................................................................. HB 684 Special license plates; Wildflower plates for Roadside Enhancement and Beautification Fund; antique vehicles; historical Georgia license plate....... SB 97 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA.... HR 646 Victim compensation; special license plates; child abuse prevention................... HB 792
LICENSES (Also, see Named License) Acupuncture licensure; delete test requirement; temporary licenses .................... SB 75 Aggressive driving; define offense........................................................................ HB 671 Agriculture; warehousing; annual license ............................................................. HB 645 Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538 Authentic historical Georgia license plates; definition ......................................... HB 117
Refer to numerical index for page numbers

INDEX

3955

Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Clinical laboratories; capillary blood tests; clarify exemption .............................. HB 77 Clinical perfusionists; licensing ............................................................................ HB 69 Commercial driver's license; age requirements .................................................... HB 146 Driver education and instruction; requirements .................................................... HB 9 Driver education schools and courses; provisions................................................. HB 315 Drivers' licenses; certain out-of-state residents; renewal by mail......................... HB 81 Drivers' licenses; expiration; increase to 10 years ................................................ HB 249 Drivers' licenses; limited permit; additional purposes .......................................... HB 535 Drivers' licenses; mandatory suspensions; amend provisions............................... HB 421 Drivers' licenses; minimum age for issuance........................................................ HB 313 Drivers' licenses or identification cards; registration with U. S.
Selective Service System..................................................................................... HB 138 Drivers' licenses; processing of certain permits; driver training schools.............. HB 43 Drivers' licenses; prohibit fingerprint requirement............................................... HB 92 Drivers' licenses; redefine resident ....................................................................... HB 851 Drivers' licenses; remote renewal; electronic submission .................................... HB 28 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; 17 years; exemption for driver's education .............................. HB 78 Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536 Drivers' licenses; suspension or revocation for certain offenses; prohibit new license............................................................................................. HB 42 Drivers' licenses; teen drivers; transporting certain persons; restrictions............. HB 163 Elections Code; amend .......................................................................................... HB 110 Electrical, plumbing, and conditioned air contractors; continuing education; licensure ............................................................................................. HB 772 Firearms; license to carry; prohibition; redefine "convicted"................................ HB 691 Game and Fish Code; amend................................................................................. HB 171 Georgia Volunteers in Dentistry Act; enact .......................................................... HB 241 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Health services and clinical laboratories; prohibitions.......................................... HB 825 Hunting and fishing licenses; prohibit use as voter identification ........................ HB 110 Insurance premium finance companies; amend provisions................................... HB 233 Marriage ceremonies; authorize mayors to perform.............................................. HB 844 Massage Therapists, Board of; create.................................................................... HB 733 Nurses; Multistate Compact; enact........................................................................ HB 968 Off-road vehicles; registration and licensing ........................................................ HB 526 Off-road vehicles; registration, titling, and operation; provisions ........................ HB 433 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293 Pharmacy benefit managers; licensing and inspection .......................................... HB 585 Pistols and revolvers; licenses; definition of convicted ........................................ HB 533 Private investigators and security guards; licensure; reciprocity agreements ....... HB 736
Refer to numerical index for page numbers

3956

INDEX

Resident and nonresident insurance agents, subagents, surplus line brokers, counselors, adjusters; licensing ............................................................. HB 352
Student loans; suspension of professional licenses for default ............................. HB 532 Veterinary medicine; substantial revision; State Board; provisions...................... HB 719
LIENS (See Mortgages and Liens)
LIEUTENANT GOVERNOR Communications............................................................................Pages 41, 45, 174, 176 Employees' Retirement; certain prior service as governor or lieutenant governor; credit................................................................................... HB 966 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937
LIMITED LIABILITY COMPANIES Amend provisions; change definitions and cross-references; taxation ................. SB 253 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582
LITTER; redefine; include cigarette butts ............................................................... HB 237
LITTLE RICHARD; commend .............................................................................. HR 115
LOANS Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ............................................................................................. SB 70 Industrial loans; change fees and late fees; increase monthly charge ................... HB 152
LOBBYING Gathering place for lobbyists; urge designation by Legislative Services Committee............................................................................................. HR 598 Lobbying by state government; prohibit use of certain public funds .................... HB 12
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Alcoholic beverage sales prohibited certain hours on all days; certain counties and municipalities ................................................................................. SB 71 Annexation; certain areas; limited moratorium ..................................................... HB 799 Annexation; certain populated counties; approval provisions............................... SB 136 Annexation; unincorporated islands; objection provisions ................................... HB 764 Annexations; reports to Department of Community Affairs ................................. HB 443 Bonds; registration; name of purchaser................................................................. HB 542 Coin operated amusement machines; gambling offenses; arcade permits, licenses; local regulations...................................................................... SB 204 Community redevelopment tax incentive program CA...................................... HR 391 Contracts; bond provisions; public works ............................................................. HB 513
Refer to numerical index for page numbers

INDEX

3957

Contracts with private nonprofit organizations ..................................................... HB 87 Corruption Prevention Act; enact .......................................................................... HB 367 Counties of 500,000 or more; contracts; public letting and bids........................... SB 182 Counties; create new ones; merge portions of others - CA ................................... HR 125 County governing authorities; compensation ........................................................ HB 399 County governing authorities; members; minimum annual salary;
required training for elected members................................................................. HB 365 County law libraries; change certain population reference ................................... HB 25 County officers; minimum salaries; statutes; census effective
date for certain purposes...................................................................................... HB 302 County retirement systems; participation by magistrates ...................................... HB 504 Delivery of notices by overnight or commercial delivery service......................... SB 25 Development rights; intergovernmental transfers ................................................. HB 474 Elections, primaries, and voting; comprehensive revisions; uniform
equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Electric membership corporations; condemnation of certain property.................. HB 655 Eminent domain; electric power line; consent of local government ..................... HB 284 Food service; redefine establishment; exempt certain outdoor activities,
functions and events ............................................................................................ SB 84 Gateway Regional Information Center, Inc. Act; privatization of public
rest stops; Cobb County....................................................................................... SB 305 Homeowner tax relief grants; annual appropriation.............................................. HB 494 Hunting and fishing; regulation by Department of Natural Resources;
prohibit local ordinances ..................................................................................... HB 301 Joint development authorities; withdrawal from participation.............................. HB 875 License plates on government vehicles; change appearance................................. HB 222 License plates on government vehicles; change appearance................................. HB 239 Local boards of education; levy development impact fees - CA........................... HR 86 Local hospital authorities; membership................................................................. HB 119 Local water authorities; environmental projects; voluntary
contribution program ........................................................................................... HB 206 Marriage ceremonies; authorize mayors to perform.............................................. HB 844 Metropolitan area planning and development commissions; increase
dues of participating counties.............................................................................. SB 67 Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to
protect public water supplies ............................................................................... SB 130 Motor vehicle decals; exemption from requirement.............................................. HB 400 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Municipal corporations; distance requirements..................................................... HB 267 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Municipal courts; sessions held within the county but outside city ...................... SB 147 Municipalities; intergovernmental agreements; police services............................ HB 212
Refer to numerical index for page numbers

3958

INDEX

Municipalities; transfer of property; nonprofit resource conservation and development councils ................................................................................... HB 115
Ordinances or resolutions; authentication; codification; distribution; transfer of development rights............................................................................. SB 239
Pension obligation bonds; provisions.................................................................... HB 441 Power Alley Development Authority Act; enact................................................... HB 744 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Public geographic information systems; electronic records; contracts
to sell services and products ................................................................................ SB 230 Public officials; indictment procedures; Corruption Prevention Act .................... SB 234 Redevelopment; expand meaning; certain nonurban areas;
natural or historical assets ................................................................................... HB 409 Redevelopment; qualification; amend provisions ................................................. HB 366 Revenue bonds; political subdivisions; development authorities.......................... HB 75 Right of privacy; prohibit governmental intrusion - CA ....................................... HR 464 Service delivery strategy; utility franchise fees..................................................... HB 550 Sheriffs; qualifying for office; certification; unlawful engage
certain businesses ................................................................................................ SB 37 Speed limits; school zones; local authority ........................................................... HB 204 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 Storm-water runoff by county or municipality; monitor discharge ....................... HB 149 Water and wastewater; regional sources; development......................................... HB 464 Zoning decisions; mediation; certain nonparty participation ................................ HB 320 Zoning; certain moratorium; exemption from requirements ................................. HB 614
LOCAL OPTION SALES TAX Special county 1 percent sales tax; change purposes ............................................ HB 584 Special county 1 percent sales tax; disbursement; requirements........................... HB 806 Special county or joint municipal and county tax; amend..................................... HB 376
LOCKHEED MARTIN AERONAUTICS COMPANY Recognize women of Marietta facility .................................................................. HR 558
LOFTIN, BILL O.; commend ................................................................................. HR 447
LOGAN, HENRY H.; commend............................................................................. HR 300
LONG, HONORABLE ARNOLD LAMAR; condolences................................... HR 414
LOTTERY; income tax; abolish; conform certain OCGA references .................... HB 938
Refer to numerical index for page numbers

INDEX

3959

LOWERY, JACK AND ROBBIE MIMS GORDON; commend ........................ HR 780
LUCINDA WILLIAMS ADAMS HIGHWAY; designate ................................... HR 459
LUMPKIN COUNTY Board of commissioners; create ............................................................................ HB 316 Board of commissioners; create; referendum........................................................ SB 58 Lumpkin County Public Building Authority Act .................................................. SB 126
M
M. MERRILL JOHNSON, SR., HIGHWAY; designate...................................... HR 144
MACKEMSON, JACK, R. H. MCEVER, MORRIS BRYAN, JR., AND CHARLES MCCOLLUM; commend....................................................... HR 361
MACLEAN, MALCOLM R.; condolences............................................................ HR 495
MACON DAY IN ATLANTA--TASTE OF MACON Observe February 28, 2001 ................................................................................... HR 232
MADISON COUNTY Coroner; compensation.......................................................................................... HB 889 Grant easement ...................................................................................................... SR 35 Sheriff; vacancies .................................................................................................. HB 890
MADISON, BISHOP S. C.; invite to House........................................................... HR 21
MAGISTRATE COURTS Appeals; eliminate monetary jurisdictional limitations......................................... SB 269 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 County retirement systems; participation by magistrates ...................................... HB 504 Magistrates; minimum annual salary; effective date of census............................. HB 419 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Training requirements; certain magistrates ........................................................... HB 357 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
Refer to numerical index for page numbers

3960

INDEX

MANDELA, HONORABLE WINNIE; invite to House ....................................... HR 266
MANGHAM, EDWARD JOHN; condolences ...................................................... HR 80
MANN, REPRESENTATIVE HAROLD; condolences ....................................... HR 228
MANSFIELD, ELLIS; commend ........................................................................... HR 474
MARABLE, HONORABLE RICHARD O. Communications.................................................................................. Pages 45, 177, 178
MARET, HUGH WALLACE; condolences .......................................................... HR 544
MARIETTA, CITY OF Ad valorem tax assessment; homestead exemption............................................... SB 92 Cobb County-Marietta Water Authority; amend provisions ................................. HB 444 Cobb County-Marietta Water Authority; membership.......................................... HB 311 Downtown Marietta District; historical properties review board.......................... SB 309 Homestead exemption ........................................................................................... HB 21
MARIJUANA Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536 Firearms; license to carry; prohibition; redefine "convicted"................................ HB 691 Forfeited property; distribution; land bank authorities.......................................... HB 783 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743
MARRIAGE (Also, see Domestic Relations) Covenant Marriage Act; enact............................................................................... HB 17 Marriage ceremonies; authorize mayors to perform.............................................. HB 844
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Commercial development; urge MARTOC evaluate ............................................ HR 395 Income tax credits; qualified personal mass transportation expenses ................... HB 900 Mass transit; advertising; limitation on prohibitions............................................. HB 708
MARTIN, BARBARA ANN; condolences............................................................. HR 357
MARTIN, JOHN CALVIN, JR.; 70th birthday; commend .................................... HR 578
Refer to numerical index for page numbers

INDEX

3961

MARTIN, JOHN R.; condolences .......................................................................... HR 166
MARVIN O. BOWDOIN INTERSECTION; designate....................................... HR 454
MASON, BARBARA MENTZER; condolences ................................................... HR 506
MASS TRANSPORTATION Advertising; limitation on prohibitions ................................................................. HB 708 Highways; high occupancy vehicle lanes; minimum passengers ........................ HB 159 Income tax credits; qualified personal mass transportation expenses ................... HB 900 MARTA; commercial development; urge MARTOC evaluate ............................ HR 395
MASSAGE THERAPISTS, BOARD OF; create .................................................. HB 733
MATHENA, JANA LOUISE; Miss Cobb County 2001; commend ...................... HR 296
MCCARTHY, RACHEL; commend...................................................................... HR 44
MCCOLLUM, CHARLES, R. H. MCEVER, MORRIS BRYAN, JR., AND JACK MACKEMSON; commend ............................................................ HR 361
MCCURDY, LAWRENCE; commend .................................................................. HR 496
MCCURDY, PAUL AND MARY; commend........................................................ HR 703
MCDONALD, MARK; commend .......................................................................... HR 200
MCEVER, R. H., MORRIS BRYAN, JR., JACK MACKEMSON, AND CHARLES MCCOLLUM; commend....................................................... HR 361
MCGINNIS, DAVID; commend ............................................................................. HR 771
MCGOWAN, CALVIN C.; condolences................................................................ HR 655
MCGRATH, ROBERT JAMES; commend .......................................................... HR 754
MCINTOSH HIGH SCHOOL Commend .............................................................................................................. HR 633 Lady Chiefs and Chiefs Soccer Teams; invite to House ....................................... HR 11
MCKIBBON, DAWN ANN; condolences .............................................................. HR 743
Refer to numerical index for page numbers

3962

INDEX

MCLENDON, MICHAELYN; commend.............................................................. HR 553
MCMICHAEL, DANA; commend ......................................................................... HR 735
MEDICAL CONSENT Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462
MEETINGS Hospital authorities; open meetings and records exemption; hospitals; autopsy disclosures.............................................................................. HB 158 Open meetings; provisions; include certain county boards ................................... HB 137
MENDUM, REITA; commend ............................................................................... HR 607
MENTAL HEALTH Civil practice; mental exams; physician or psychologist....................................... HB 435 Community service boards; powers, duties, and functions ................................... HB 332 Criminal procedure; insanity plea; amend provisions ........................................... HB 971 Driving under the influence; fourth violation; felony ........................................... HB 325 Emergency examinations; authorize certain counselors........................................ HB 246 Fraudulent practices; defrauding drug and alcohol screening tests....................... HB 20 Health insurance; coverage for neurological disorders; autism ............................ HB 565 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create......................................................................................... HR 648 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Mental illness; emergency admission; provisions ................................................. HB 381 Regional and substance abuse boards; abolish; transfer functions........................ HB 498 Sales tax; exempt sales to nonprofit organizations serving the mentally retarded ........................................................................................... HB 558
MENTALLY RETARDED Community service boards; powers, duties, and functions ................................... HB 332 Criminal procedure; insanity plea; amend provisions ........................................... HB 971 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create......................................................................................... HR 648 Sales tax; exempt certain sales; service provision to mentally retarded................ HB 135 Sales tax; exempt sales to nonprofit organizations serving the mentally retarded ........................................................................................... HB 558
Refer to numerical index for page numbers

INDEX

3963

MERIT SYSTEM (Also, see State Employees or State Government) Income tax; abolish; conform certain OCGA references ...................................... HB 938 Retired public safety officers and troopers; reemployment; continuation of retirement benefits...................................................................... SB 292 State agencies; employee incentive award programs; incentive compensation pay ................................................................................................ SB 161 State agencies; rejected applications for law enforcement positions; written notification .............................................................................................. HB 72 State employees; state stationery and postage; urge supervisors warn against use for unofficial purposes............................................................. HR 465
MERRITT, HONORABLE JANET SCARBOROUGH; condolences ............... HR 448
METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT Comprehensive regional and watershed-specific plans to protect public water supplies ........................................................................................... SB 130
MEYERS, DAVID ROBINSON; commend .......................................................... HR 328
MEYERS, LAUREN KONRAD; commend .......................................................... HR 329
MIDWAY, CITY OF; mayor; term limits............................................................... HB 751
MILITARY AFFAIRS Adjutant general and assistant; amend provisions................................................. HB 242 Employees' Retirement; certain military service; creditable service .................... HB 605 Grave markers, monuments, or memorials honoring military service; penalties for theft or defacing, mutilating, or defiling ........................................ SB 207 Income tax; certain military service exemption..................................................... HB 238 Japanese government; WW II war crimes; urge apology and reparations ............ HR 142 License plates; free of charge; active duty U. S. armed forces members.............. SB 176 License plates; special tags; retired military persons; Trout Unlimited ................ HB 183 Military monuments, statues, plaques, markers, and memorials; express intent of House to protect .................................................................................... HR 559 Prestige license plates; additional fees; exemption ............................................... HB 432 Special license plates; armed forces; certain members ......................................... HB 346 The Mighty Eighth Air Force Heritage Museum; designate official center for character education ............................................................................. HB 633 Veterans of World War II; high school diploma; eligibility.................................. HB 176
MILK AND MILK PRODUCTS Dairy production; certain fuel; sales tax exemption .............................................. HB 278
Refer to numerical index for page numbers

3964

INDEX

MILLSAP, JAKIRRA; commend........................................................................... HR 690
MINORS Certain employment; written parental permission................................................. HB 13 Child advocate; motion to quash subpoenas; provisions....................................... HB 686 Child endangerment; define offense...................................................................... HB 453 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees.................................................... SB 60 Children and Youth Coordinating Council; assign to Department of Juvenile Justice................................................................................................ HB 580 Child Sexual Commerce Prevention Act of 2001; prostitution; offenses of pimping and pandering ..................................................................... SB 33 Child welfare agencies and child care facilities; inspection results ...................... HB 120 Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Computer pornography and child exploitation; increase penalties........................ HB 852 Crime Prevention Act of 2001; enact .................................................................... SB 34 Defense of Scouting Act; enact ............................................................................. HB 39 Drivers' licenses; minimum age for issuance........................................................ HB 313 Drivers' licenses; persons under 18 years; change restrictions ............................. HB 528 Drivers' licenses; 17 years; exemption for driver's education .............................. HB 78 Drivers' licenses; teen drivers; transporting certain persons; restrictions............. HB 163 Drivers' licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain offenses, related restrictions ................... SB 1 Education; students under 16; prohibit permanent expulsion ............................... HB 476 Elections; age of children in voting booths with parents ...................................... HB 23 Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ......................................................... SB 208 Extraordinary motion for new trial; certain child support cases; new evidence ... HB 586 Failing to supervise a minor; define offense ......................................................... HB 98 Game and Fish Code; hunting, trapping, fishing, wildlife, weapons, licenses, minors, nonresidents, use of funds; amend provisions ........................ SB 83 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 Guardian of property; same as guardian of person; exception .............................. HB 635 Juvenile courts; amend provisions......................................................................... HB 127 Juvenile courts; delinquent child; alternative detention ........................................ HB 201 Juvenile courts; jurisdiction; 18 years of age ........................................................ HB 382 Juvenile courts; parental payments; certain reimbursement.................................. HB 143 Juvenile courts; standards for transferring delinquency cases............................... HB 181 Juvenile courts; termination of proceeding; parental request................................ HB 527 Juvenile courts; transfer of cases from superior courts ......................................... HB 269 Juvenile Discovery Act; enact ............................................................................... HB 642
Refer to numerical index for page numbers

INDEX

3965

Motor vehicle driving skills instructional video and manual for new drivers; ETV broadcast and distribution to parents............................................. SB 246
Motor vehicles; leaving unattended child 6 years or younger in vehicle; penalties ................................................................................................. SB 77
Obesity in Children; Joint Committee to Study Physical Activity (Recess) in Schools............................................................................................. SR 252
Pimping or pandering involving child; define offenses; penalties ........................ HB 343 Schools; students 18 years old; registration to vote .............................................. HB 372 Seat belts; child safety restraint; physical or medical condition preventing use ... HB 248 Sexual offender registry; registration requirements; redefine sexual
offenses against a minor; affect of discharge of a defendant .............................. SB 66 Sexual offenses involving victims under age 16; extend statute of
limitations on prosecution ................................................................................... SB 106 Social Security Act; urge Congress amend Title XXI; PeachCare for Kids ......... HR 101 Standby Guardianship Act; enact .......................................................................... HB 917 Student disciplinary procedures, penalties; acts of physical violence, unruly behavior on school bus; reward reporting weapons
on school property ............................................................................................... SB 291 Temporary Assistance for Needy Families; qualified aliens; eligibility ............... HB 593 Watercraft; registration, operation, sale; minimum age ........................................ HB 507 Youth organizations; certain governmental discrimination; prohibit.................... HB 26
MITCHELL COUNTY PRIMARY SCHOOL; commend .................................. HR 198
MITTENZWEI, THOMAS M. AND KRISTIE BRADFORD-HUNT; commend.......................................................................... HR 237
MITTON, GERALD MARK; commend................................................................ HR 110
MITTON, REVEREND GERALD; commend...................................................... HR 147
MOBILE HOMES Ad valorem tax; amend provisions........................................................................ HB 262 Property insurance; certain fire policies; value of property................................... HB 358
MOBLEY, MARY; commend................................................................................. HR 538
MOCK, PATRICK COLEMAN; congratulations on birth ................................... HR 609
MONROE COUNTY; board of commissioners; compensation ............................. HB 922
MONTGOMERY COUNTY Chief magistrate; nonpartisan nomination and election ........................................ SB 242
Refer to numerical index for page numbers

3966

INDEX

MOON, EVAN WAYNE; commend ...................................................................... HR 621
MOORE, STUART; commend ............................................................................... HR 61
MORGAN COUNTY HIGH SCHOOL WRESTLING TEAM; invite to House......................................................................................... HR 370
MORRIS BROWN COLLEGE DAY AT THE STATE CAPITOL Recognize February 22, 2001................................................................................ HR 341
MORRIS, FRANK D.; condolences ....................................................................... HR 550
MORRIS, JOHN; commend ................................................................................... HR 624
MORROW, CITY OF; ad valorem taxes; increase homestead exemption ............ SB 264
MORTGAGES AND LIENS Delivery of notices by overnight or commercial delivery service......................... SB 25 Financial institutions code; change provisions; licensees; stock; investments; disclosures; real estate loans, mortgage brokers ............................ SB 16 Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ............................................................................................. SB 70 Mortgage brokers and mortgage lenders; interest and fees; prohibition ............... HB 359 Motor vehicles; lienholders; certain failure; liability ............................................ HB 939 Property; foreclosure; advertisements of sales ...................................................... HB 648 Property; public health and safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162
MORTON, JOE; commend..................................................................................... HR 247
MOSELEY, ELIZABETH; commend.................................................................... HR 153
MOST WORSHIPFUL PRINCE HALL GRAND LODGE OF FREE AND ACCEPTED MASONS OF GEORGIA AND THE ORDER OF THE EASTERN STAR; invite to House ............................. HR 206
MOTOR CARRIERS Motor vehicles; maximum speed limits; certain vehicles...................................... HB 959
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250
Refer to numerical index for page numbers

INDEX

3967

Motor fuel tax; definitions..................................................................................... HB 53
MOTOR VEHICLE ACCIDENT INSURANCE Claims against insurers; bad faith refusal to pay; motor vehicle liability claims; unfair claims practices ............................................................... HB 478 Claims payments; lien holder and claimant........................................................... HB 706 Liability settlements; notice to insured.................................................................. HB 548 Uninsured motorist; minimum coverage ............................................................... HB 187
MOTOR VEHICLES AND TRAFFIC Ad valorem tax; exempt passenger motor vehicles ............................................... HB 429 Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions.......... HB 974 Ad valorem tax; heavy-duty equipment motor vehicles; rentals ........................... HB 364 Aggressive driving; define offense........................................................................ HB 671 Anatomical gifts; for profit or not for profit entities; donor limit ......................... HB 927 Authentic historical Georgia license plate; redefine ............................................. HB 689 Authentic historical Georgia license plates; definition ......................................... HB 117 Causing death or injury; losing control of vehicle; medication............................. HB 763 Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Claims against insurers; bad faith refusal to pay; motor vehicle liability claims; unfair claims practices .............................................................. HB 478 Commercial driver's license; age requirements .................................................... HB 146 Dog and cat sterilization program; license plates promoting ................................ HB 945 Dog and cat sterilization; special license plate funding - CA ............................... HR 264 Driver education and instruction; requirements .................................................... HB 9 Driver education; public school courses; tax credit .............................................. HB 539 Driver education schools and courses; provisions................................................. HB 315 Drivers' licenses; certain offenders; limited driving permits ................................ HB 396 Drivers' licenses; certain out-of-state residents; renewal by mail......................... HB 81 Drivers' licenses; expiration; increase to 10 years ................................................ HB 249 Drivers' licenses; limited permit; additional purposes .......................................... HB 535 Drivers' licenses; mandatory suspensions; amend provisions............................... HB 421 Drivers' licenses; minimum age for issuance........................................................ HB 313 Drivers' licenses or identification cards; registration with U. S. Selective Service System..................................................................................... HB 138 Drivers' licenses; persons under 18 years; change restrictions ............................. HB 528 Drivers' licenses; processing of certain permits; driver training schools.............. HB 43 Drivers' licenses; prohibit fingerprint requirement............................................... HB 92 Drivers' licenses; redefine resident ....................................................................... HB 851 Drivers' licenses; remote renewal; electronic submission .................................... HB 28 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; 17 years; exemption for driver's education .............................. HB 78
Refer to numerical index for page numbers

3968

INDEX

Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions.............................................................................. HB 536
Drivers' licenses; suspension or revocation for certain offenses; prohibit new license............................................................................................. HB 42
Drivers' licenses; teen drivers; transporting certain persons; restrictions............. HB 163 Drivers' licenses; young drivers; permits, graduated, temporary licensing;
driver training; revocation for certain offenses, related restrictions ................... SB 1 Driving under the influence; certain convictions; display sign
on rear windshield ............................................................................................... HB 423 Driving under the influence; four or more violations within five years; felony.... HB 430 Driving under the influence; fourth violation; felony ........................................... HB 325 Driving under the influence; homicide by vehicle; life imprisonment or death.... HB 44 Elections; certain driver's license or identification card; proof of voter registration ............................................................................................. HB 688 Funeral processions; redefine term; participating vehicle..................................... SB 279 House Emergency Motorist Aid Study Committee; create ................................... HR 129 Income tax; credit for low-emission vehicles and zero emission vehicles............ HB 261 License plates and fees; change definitions........................................................... HB 63 License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250 License plates on government vehicles; change appearance................................. HB 222 License plates on government vehicles; change appearance................................. HB 239 License plates; free of charge; active duty U.S. armed forces members............... SB 176 License plates; special wildflower plates for Roadside Enhancement and Beautification Fund; antique vehicles; historical Georgia license plate ............. SB 97 Loaded firearms in private motor vehicles; authorize ........................................... HB 144 Local governments; motor vehicle decals; exemption from requirement ............. HB 400 Motor fuel tax; definitions..................................................................................... HB 53 Motor vehicle convictions; reports from court to Department of Public Safety; fees........................................................................................... HB 193 Motor vehicle driving skills instructional video and manual for new drivers; ETV broadcast and distribution to parents ..................................... SB 246 Motor vehicle hijacking; serious violent felony.................................................... HB 594 Motor vehicle insurance; claims payments; lien holder and claimant................... HB 706 Motor vehicle insurance; uninsured motorist; minimum coverage ....................... HB 187 Motor vehicle rentals; excise tax ........................................................................... HB 48 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Motor vehicles; altered suspension; taillights ....................................................... HB 192 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385 Motor vehicles; leaving unattended child 6 years or younger in vehicle; penalties ................................................................................................. SB 77 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Motor vehicles; lienholders; certain failure; liability ............................................ HB 939
Refer to numerical index for page numbers

INDEX

3969

Motor vehicles; maximum speed limits; certain vehicles...................................... HB 959 Motor vehicles on public roads; prohibit nitrous oxide......................................... HB 151 Motor vehicles; registration, licensing, titling; amend provisions ........................ HB 253 Motor vehicles; taillight lenses; provisions........................................................... HB 482 Motor vehicles; traffic violations; prosecution...................................................... HB 189 Motor vehicles; unattended; removal from public property after 2 days .............. SB 105 Motor vehicle warranty rights; reasonable offset; leases ...................................... HB 766 Motorcycle helmets; urge Congress revise federal safety
standard FMVSS 218 .......................................................................................... HR 229 Motorcycles; headgear violations; amend penalty provision ................................ HB 184 Multi-lane highways; requirements when emergency vehicles stopped ............... HB 540 Off-road vehicles; registration and licensing ........................................................ HB 526 Off-road vehicles; registration, titling, and operation; provisions ........................ HB 433 Off-road vehicles; use on public highways; prohibition; exception...................... HB 194 One-way roadways at certain intersections; marking provisions .......................... HB 141 Open records; exempt certain data from motor vehicle accident reports .............. HB 628 Outdoor advertising; prohibit certain signs ........................................................... HB 247 Prestige license plates; additional fees; exemption ............................................... HB 432 Safety belts; redefine "passenger vehicle"............................................................. HB 291 Seat belts; child safety restraint; physical or medical condition preventing use ... HB 248 Serious traffic offenses; increased penalties ......................................................... HB 371 Special license plates; armed forces; certain members ......................................... HB 346 Special license plates; Ducks Unlimited ............................................................... HB 259 Special license plates; retired military persons; Trout Unlimited ......................... HB 183 Special license plates; Trout Unlimited................................................................. HB 684 Speed limits; school zones; 25 miles per hour or lower ........................................ HB 160 Speed limits; school zones; local authority ........................................................... HB 204 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 Tires; adjustment rates; disclosure ........................................................................ HB 377 Trucks on multilane highways; designated usage lanes ........................................ HB 345 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Uniform rules of the road; cell phone usage while operating
vehicle; requirements........................................................................................... HB 335 Uniform rules of the road; enforcement; standard fines for speeding;
traffic control devices .......................................................................................... HB 678 Uniform rules of the road; radar; certain residential area...................................... HB 454 Uniform rules of the road; shopping centers and parking lots .............................. HB 531 Vehicles and loads; unginned cotton; securing loads............................................ HB 960 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11 Victim compensation; special license plates; child abuse prevention................... HB 792 Voter registration; driver's license location; proof ............................................... HB 713
Refer to numerical index for page numbers

3970

INDEX

MOTORCYCLES Headgear violations; amend penalty provision...................................................... HB 184 Helmets; urge Congress revise federal safety standard FMVSS 218.................... HR 229 Motorcycle Awareness and You Month; recognize May, 2001 ............................ HR 202 Public accommodations; access or admission to motorcycle patrons ................... SB 52 Safety belts; redefine "passenger vehicle"............................................................. HB 291
MOULTRIE, CITY OF Corporate limits ..................................................................................................... HB 710 South Georgia Governmental Services Authority; create ..................................... HB 879
MOUNT VERNON, TOWN OF; municipal judge; appointment.......................... HB 516
MOUNTAIN PARK, CITY OF; homestead exemption ........................................ HB 616
MT. VERNON CHRISTIAN SCHOOL BOYS' BASKETBALL TEAM; commend ..................................................................... HR 438
MULL, LT. BILL L.; invite to House .................................................................... HR 173
MULLINS, MIKE; commend ................................................................................. HR 531
MUNDY, GEORGE E.; commend ......................................................................... HR 622
MUNICIPALITIES (Also, see Local Government or Named Municipality) Abandonment of public roads; utility systems; removal of lines .......................... HB 913 Alcoholic beverage sales prohibited certain hours on all days; certain counties and municipalities ................................................................................. SB 71 Annexation; certain areas; limited moratorium ..................................................... HB 799 Annexation; certain populated counties; approval provisions............................... SB 136 Annexations; reports to Department of Community Affairs ................................. HB 443 Annexation; unincorporated islands; objection provisions ................................... HB 764 Business and occupation taxes; excessive regulatory fees; remedies.................... HB 878 Certain real property; removal from industrial area; binding on successors - CA .............................................................................................. HR 27 Contracts; bond provisions; public works ............................................................. HB 513 Counties and municipalities; community redevelopment tax incentive program - CA ....................................................................................... HR 391 County boards of equalization; members; qualifications ...................................... HB 456 Developmental highway system; change description............................................ HB 412 Education accountability; certain actions by local boards; enhanced annual report........................................................................................ HB 473
Refer to numerical index for page numbers

INDEX

3971

Education; disciplinary decisions; appeals ............................................................ HB 712 Elections Code; amend .......................................................................................... HB 110 Elections, primaries, and voting; comprehensive revisions; uniform
equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Elections; absentee voting; amend provisions....................................................... HB 112 Elections; comprehensive revision of provisions .................................................. HB 479 Elections; time for closing of polls; certain cities ................................................. HB 111 Employees' Retirement; local school system service; certain credit..................... HB 124 Food service; redefine establishment; exempt certain outdoor
activities, functions, and events........................................................................... SB 84 Homestead option sales tax; proceeds; certain municipal projects ....................... HB 777 Hotel-motel tax; counties and municipalities; amend provisions.......................... HB 780 House Local Assistance Road Program Study Committee; create........................ HR 392 Inmates; job training by Georgia Correctional Industries; urge
governmental support .......................................................................................... HR 261 Intergovernmental agreements; police services..................................................... HB 212 Joint development authorities; withdrawal from participation.............................. HB 875 Joint Study Committee on Historic Local Government Records; re-create .......... HR 345 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Local Board of Education Freedom to Contract Act; enact .................................. HB 940 Local boards of education; levy development impact fees - CA........................... HR 86 Local government ordinances or resolutions; authentication;
codification; distribution; transfer of development rights ................................... SB 239 Local governments; contracts with private nonprofit organizations ..................... HB 87 Local governments; development rights; intergovernmental transfers ................. HB 474 Local governments; motor vehicle decals; exemption from requirement ............. HB 400 Local governments; service delivery strategy; utility franchise fees..................... HB 550 Local hospital authorities; membership................................................................. HB 119 Local water authorities; environmental projects; voluntary
contribution program ........................................................................................... HB 206 Marriage ceremonies; authorize mayors to perform.............................................. HB 844 Metropolitan area planning and development commissions; increase
dues of participating counties............................................................................. SB 67 Metropolitan North Georgia Water Planning District Act; comprehensive
regional and watershed-specific plans to protect public water supplies.............. SB 130 Mobile home decal; failure to display; prosecution .............................................. HB 134 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Motor vehicles; registration, licensing, titling; amend provisions ........................ HB 253 Municipal and county courts; probation supervision services;
contractual agreements ........................................................................................ SB 13 Municipal corporations; distance requirements..................................................... HB 267 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Municipal courts; sessions held within county but outside city ............................ SB 147
Refer to numerical index for page numbers

3972

INDEX

Municipal taxes; collection by county tax commissioner; amend provisions ...... HB 944 Probation services; certain agreements; amend provisions ................................... HB 411 Probation supervision services; county and municipal courts;
contractual agreements ........................................................................................ SB 13 Property; certain loss of value; compensation....................................................... HB 661 Property dedication; land for public road; presumptions ...................................... HB 714 Property; public health or safety hazards; nuisance laws; abatement;
enforcement; language on business signs............................................................ SB 162 Public geographic information systems; electronic records;
contracts to sell services and products................................................................. SB 230 Public officers and employees; conflicts of interest; certain
business with government ................................................................................... HB 933 Public officials; indictment procedures; Corruption Prevention Act .................... SB 234 Public roads and bridges; naming or renaming; prohibition ................................. HB 568 Public school property; maximum length of lease; increase ................................. HB 651 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Redevelopment; expand meaning; certain nonurban areas;
natural or historical assets ................................................................................... HB 409 Safety plans; urge local school boards implement ................................................ HR 647 Sales tax; special county or joint municipal/county tax; amend............................ HB 376 School principals; state supplement; periodic payments ....................................... HB 245 Speed limits; school zones; local authority ........................................................... HB 204 State deferred compensation plans; include local school systems......................... HB 813 Storm-water runoff by county or municipality; monitor discharge ....................... HB 149 Surface water permits; certain excessive withdrawals .......................................... HB 351 Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law - CA............................................. HR 344 Transfer of property; nonprofit resource conservation and
development councils .......................................................................................... HB 115 Turfgrass and environmental horticulture; urge governmental agencies
ensure adequate water supplies ........................................................................... HR 564 Uniform rules of the road; enforcement; standard fines for speeding;
traffic control devices .......................................................................................... HB 678 Uniform rules of the road; radar; certain residential area...................................... HB 454 Water and wastewater; regional sources; development......................................... HB 464 Zoning; certain moratorium; exemption from requirements ................................. HB 614 Zoning decisions; actions challenging; standing to participate ............................. HB 348
MURRAH, HONORABLE J. FRANK, SR.; condolences ................................... HR 644
MURRAH, LAURIE; commend ............................................................................. HR 45
MURRAY, BOBBY; commend............................................................................... HR 530
Refer to numerical index for page numbers

INDEX

3973

MUSCOGEE COUNTY Columbus county-wide government; recorder's court .......................................... HB 477
MUSIC Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission........................................................................... HB 538
N
NATIONAL GUARD Army National Guard; commend .......................................................................... HR 167 Army National Guard; 48th Infantry Brigade (Mechanized); recognize U. N. Peacekeeping Mission in Bosnia ............................................................... HR 208 Encourage young people to join ............................................................................ HR 87 Florida and Virginia National Guard members lost in C-23 Sherpa crash; condolences............................................................................................... HR 551 Georgia Military Pension Fund; create.................................................................. HB 227 National Guard Day; declare April 30, 2001......................................................... HR 106
NATURAL GAS (See Gas, Gasoline, and Gas Service)
NATURAL RESOURCES (See Conservation and Natural Resources)
NEAL, MAJOR JERRY; commend....................................................................... HR 381
NEFF, BRITTANY; commend ............................................................................... HR 628
NELSON, CHAD; commend................................................................................... HR 529
NESMITH, MARTIN; commend ........................................................................... HR 350
NEU LEIB-O'SHEA, GINA; commend................................................................. HR 528
NEWBORN, TOWN OF Newborn Tree Board; commend ........................................................................... HR 387 New charter ........................................................................................................... HB 893
NEWTON COUNTY; grant easement.................................................................... SR 35
NICHOLS, JUSTICE HORACE ELMO; condolences........................................ HR 715 Refer to numerical index for page numbers

3974

INDEX

NOBLES, SHERIFF CECIL; commend................................................................ HR 244
NONPROFIT CORPORATIONS Ad valorem tax; exempt nonprofit homes for aged............................................... HB 821 Business corporations; dissolution; deposit of property and assets....................... SB 112 Indemnification; emergency medical service personnel employed by nonprofit agencies - CA....................................................................................... SR 86 Inmates; certain volunteer services; provisions..................................................... HB 734 Sales tax; exempt certain nonprofit neighborhood associations............................ HB 827 Sales tax; exempt sales to nonprofit organizations serving the mentally retarded ................................................................................................. HB 558 Teacher salaries; supplement; certain private funds - CA..................................... HR 225
NONRESIDENTS Ad valorem tax; preferential assessments ............................................................. HB 911
NORCROSS, CITY OF; corporate limits............................................................... HB 676
NORTH GEORGIA COLLEGE AND STATE UNIVERSITY Blue Ridge Rifles and Color Guard; invite to House............................................ HR 437 Corp of Cadets; commend ..................................................................................... HR 403
NORTH METRO TECHNICAL COLLEGE STUDENTS AND FACULTY; commend ................................................................................ HR 638
NORTH METRO TECHNICAL INSTITUTE STUDENTS AND FACULTY; commend ................................................................................ HR 640
NOWICKI, JENNIFER; commend........................................................................ HR 42
NUGENT, PAT; commend...................................................................................... HR 719
NUISANCES Neighborhood Protection Act; enact ..................................................................... HB 318 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162
NURSES Health care practitioners; credentialing data; centralized collection..................... HB 356 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210
Refer to numerical index for page numbers

INDEX

3975

Nurses; Multistate Compact; enact........................................................................ HB 968 Nursing facilities; reimbursement methodologies; direct Department of
Community Health to adopt................................................................................. HR 275 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Registered Nurse First Assistant Consumer Act; enact......................................... HB 355 Registered Nurse First Assistant Consumer Act; surgical services;
insurer reimbursement ......................................................................................... SB 82
NURSING HOMES Employee criminal records checks; certain liability.............................................. HB 263 Fire protection; smoke detectors............................................................................ HB 673 Nursing facilities; reimbursement methodologies; direct Department of Community Health to adopt................................................................................. HR 275 Nursing homes, nursing facilities, or intermediate care homes; civil monetary penalties....................................................................................... HB 264 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA.... HR 646
O
OATHS OF OFFICE Clerk of House.........................................................................................................Page 9 Representative-Elect Pamela Stanley ..................................................................Page 117 Representatives-Elect ..............................................................................................Page 7
OBSCENITY Physical or verbal harassment, abusive language, or obstruction of a public safety communications officer prohibited ......................................... SB 133
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCCUPATIONAL THERAPISTS Credentialing data; centralized collection ............................................................. HB 356
OCONEE COUNTY HIGH SCHOOL FFA ENVIRONMENTAL AND NATURAL RESOURCES TEAM; commend ......................................... HR 773
O'DILLON, LEE; WATKINSVILLE POLICE CHIEF; commend................... HR 379
OFF-ROAD VEHICLES Registration and licensing ..................................................................................... HB 526 Registration, titling, and operation; provisions ..................................................... HB 433
Refer to numerical index for page numbers

3976

INDEX

Use on public highways; prohibition; exception ................................................... HB 194
OLDFIELD, BRIGADIER GENERAL JOHN H., JR.; commend ..................... HR 446
OPTIMIST CLUBS OF COBB, PAULDING, AND DOUGLAS COUNTIES; commend; recognize "Respect for Law Week" in May, 2001 ....... HR 744
OPTOMETRISTS Credentialing data; centralized collection ............................................................. HB 356 Scope of practice ................................................................................................... HB 195
OUTDOOR ADVERTISING Signs; interstate highway locations; multiple message signs ................................ SB 59 Signs along public roads; change penalty provisions............................................ HB 964
OVARIAN CANCER AWARENESS MONTH; designate April ........................ HR 143
OXFORD, CITY OF; new charter .......................................................................... HB 891
P
PARDONS AND PAROLES Crimes; certain convictions; serve entire sentence - CA....................................... HR 740 Define serious felony; minimum term................................................................... HB 969 Federal Board of Pardons; urge Congress establish .............................................. HR 279 Interstate Compact for Adult Offender Supervision; enact................................... HB 885 Juvenile courts; transfer of cases from superior courts ......................................... HB 269 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Penal institutions; split sentence probationers; supervision .................................. HB 791 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108
PARENT AND CHILD Child abuse; investigations; change provisions..................................................... HB 178 Child custody; additional consideration; court determination............................... HB 800 Child custody; interference with visitation rights; expedited hearing................... HB 613 Child support; amend provisions........................................................................... HB 672 Elections; age of children in voting booths with parents ...................................... HB 23 Extraordinary motion for new trial; certain child support cases; new evidence ... HB 586 Health; breast-feeding in public places ................................................................. HB 674 Health; breast-feeding in public places ................................................................. SB 221
Refer to numerical index for page numbers

INDEX

3977

Income tax credit; child care expenses .................................................................. HB 682 Income tax credit; qualified child care expenses................................................... HB 649 Minors; certain employment; written parental permission.................................... HB 13 New trials; extraordinary motions; paternity......................................................... HB 369 Safe Place for Newborns Act of 2001; enact ........................................................ HB 360 Vital records; certain birth certificates; amend provisions.................................... HB 664
PARHAM, HONORABLE B. E. "BOBBY"; commend ...................................... HR 678
PARKER, CHIEF JAMES; condolences............................................................... HR 651
PARKER, GARY CHE'; condolences ................................................................... HR 161
PARKER, LINDA; commend ................................................................................. HR 429
PARKER-HERRIOTT, DR. J. ANNETTE; commend ........................................ HR 293
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Cannonville; commemorate; urge Department of Natural Resources recognize as historic district ................................................................................ HR 502 Commission for the Celebration of 250 years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create.................................................. HB 190 Georgia Agrirama Development Authority; transfer to Department of Natural Resources................................................................................................ HB 235 Historic preservation; archeological artifacts; state archeologist's duties ............ HB 698 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Income tax; rehabilitation of historic structures; limitations................................. HB 118 Land, Water, Wildlife and Recreation Heritage Fund; create - CA ...................... HR 14 Power Alley Development Authority Act; enact................................................... HB 744 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162 Redevelopment; expand meaning; certain nonurban areas; natural or historical assets ................................................................................... HB 409 State authorities, advisory boards, councils, commissions and committees; abolishment of certain entities ........................................................ SB 196 State flag; change design; agencies required to display; description of seal; protection of monuments and memorials ............................................... HB 16 Stone Mountain Memorial Association; abolish; transfer powers to Department of Natural Resources ....................................................................... HB 932
PARKS, TARGIE; commend.................................................................................. HR 521
Refer to numerical index for page numbers

3978

INDEX

PARKVIEW HIGH SCHOOL PANTHERS FOOTBALL TEAM Commend .............................................................................................................. HR 64 Invite to House ...................................................................................................... HR 19
PARRIS, MIKE; commend ..................................................................................... HR 348
PAULDING COUNTY; board of commissioners; amend provisions .................... HB 881
PEACH COUNTY; board of education; compensation.......................................... HB 903
PEANUT INDUSTRY IN GEORGIA Commend; invite Terry Pickle to House............................................................... HR 326
PEASE, KYLE; commend....................................................................................... HR 583
PECAN DEALERS AND PROCESSORS Dealer purchases; require certain identification from seller.................................. HB 442
PELOT, MATT; commend ..................................................................................... HR 673
PENAL INSTITUTIONS Crime Prevention Act of 2001; enact .................................................................... SB 34 Criminal trespass; certain sexual offenders; school safety zones.......................... HB 407 Dan Harrison State Prison; designate .................................................................... HR 339 Inmates; certain volunteer services; provisions..................................................... HB 734 Inmates; job training by Georgia Correctional Industries; urge governmental support .......................................................................................... HR 261 Interstate Compact for Adult Offender Supervision; enact................................... HB 885 Jails; convicted persons in local jails; transfer custody......................................... HB 658 Joint Study Committee on Medical Care for Prison Inmates; create..................... HR 455 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................. HB 385 Pardons and paroles; define serious felony; minimum term ................................. HB 969 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Penal institutions; private detention facilities; prohibitions .................................. HB 413 Penal institutions; split sentence probationers; supervision .................................. HB 791 Probation services; certain agreements; amend provisions ................................... HB 411 Probation supervision services; county and municipal courts; contractual agreements ........................................................................................ SB 13 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108 Rural hospitals; urge certain actions relative to .................................................... HR 230
Refer to numerical index for page numbers

INDEX

3979

Sexual offender registry; registration requirements; redefine sexual offenses against a minor; affect of discharge of a defendant .............................. SB 66
State prison warden; motor vehicle; repeal certain provision ............................... HB 276
PENSIONS (See Retirement and Pensions)
PERSONS AND THEIR RIGHTS Business documents containing personal information; proper disposal................ HB 926 Right of privacy; prohibit governmental intrusion - CA ....................................... HR 464 Unlawful discrimination; amend provisions.......................................................... HB 941
PESTICIDES AND PEST CONTROL Income tax; abolish; conform certain OCGA references ...................................... HB 938 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293
PETERS, KATIE; commend................................................................................... HR 116
PETTIT, HONORABLE H. BOYD, III Election; State Board of Transportation; Seventh Congressional District ............Page 45
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PFEIFFER, CARISSA; commend.......................................................................... HR 520
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHARMACY DAY AT THE STATE CAPITOL Declare February 21, 2001; Georgia Pharmacy Association; commend............... HR 415
PHYSICAL THERAPISTS Credentialing data; centralized collection ............................................................. HB 356 Physical therapy and physiotherapy; definitions ................................................... HB 96
PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARE Acupuncture; licensure; delete a test requirement; temporary licenses................. SB 75 Board of Regents; contracts with hospitals; surgical procedures.......................... HB 323 Business documents containing personal information; proper disposal................ HB 926 Civil practice; mental exams; physician or psychologist....................................... HB 435 Clinical perfusionists; licensing ............................................................................ HB 69 Emergency care or treatment; lay rescuers; regulate use of CPR and defibrillators; tort immunity. ............................................................................... SB 51
Refer to numerical index for page numbers

3980

INDEX

First trimester abortions; regulate certain facilities ............................................... HB 953 Health benefit plans; contractual fees between physician and insurer;
timely disclosure of laboratory tests .................................................................... SB 53 Health care practitioners; credentialing data; centralized collection..................... HB 356 Health care work force policy advisory committee; indigent care
trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects.................................................. HB 470 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Health records; patient or provider request for medical records; furnishing copies; costs, fees............................................................................... SB 30 Health services and clinical laboratories; prohibitions.......................................... HB 825 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Orthotics, Prosthetics, and Pedorthics Practice Act; enact; create Board ............. HB 828 Patient Right to Know Act of 2001; enact; creation of physician profiles............ HB 156 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Physician's assistants; allowable number.............................................................. HB 383 Physician's assistants; professional samples; distribution..................................... HB 384 Physicians; office based surgical settings; regulate............................................... HB 632 Physicians; office based surgical settings; regulate............................................... HB 784 Public records disclosure; non-disclosure of specific personal information ......... SB 205 Torts; certain medical training programs; immunity ............................................. HB 954
PICKENS COUNTY Board of education; reconstitute............................................................................ HB 306 Board of elections and registration; create ............................................................ HB 305 Convey property .................................................................................................... HR 88
PICKENS COUNTY MIDDLE SCHOOL HONOR BAND AND DIRECTORS MARY LAND AND JAMIE SMITH; commend ............ HR 378
PIKE COUNTY; Keep Pike Beautiful Authority; name change ............................ HB 811
PINEVIEW, TOWN OF; new charter.................................................................... HB 899
PINHOLSTER, HONORABLE GARLAND F. Commend .............................................................................................................. HR 422 Communication .....................................................................................................Page 46
PLANNING AND BUDGET, OFFICE OF Revenue shortfall reserve; change amount............................................................ HB 601 Tobacco Community Development Board; assign to Office of Planning and Budget............................................................................................ HB 578
Refer to numerical index for page numbers

INDEX

3981

PLANTS, SETH; commend..................................................................................... HR 641
PODIATRY PRACTICE Credentialing data; centralized collection ............................................................. HB 356 Health records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Health services and clinical laboratories; prohibitions.......................................... HB 825
POKE, DEACON ZEBEDEE (ZEB); condolences............................................... HR 301
POLICE CHIEFS AND HEADS OF LAW ENFORCEMENT AGENCIES RECOGNITION DAY; observe February 20, 2001 ..................... HR 284
POLYGRAPH EXAMINATIONS; negligent or improper; delete certain reference .................................................................................................... HB 109
POOLE, RONALD; compensate ............................................................................ HR 24
POOLER, CITY OF; homestead exemption; eligibility without application......... HB 866
PORT WENTWORTH, CITY OF Homestead exemption; eligibility without application.......................................... HB 869
PORTER, STANTON EDWARD; commend........................................................ HR 760
POSTON, ALINA VALERIE; commend .............................................................. HR 405
POSTON, MCCRACKEN VAUGHN (MAC); commend.................................... HR 406
POSTSECONDARY EDUCATION Agricultural courses; elimination; urge Board of Regents reverse certain decision .................................................................................................... HR 217 Agricultural courses not accepted elective for college admission; urge Board of Regents reverse decision ...................................................................... SR 287 Board of Regents; contracts with hospitals; surgical procedures.......................... HB 323 Education Reform Act of 2000; amend provisions ............................................... HB 656 Georgia Military College, Joint Study Committee; create .................................... SR 267 Higher Education Savings Plan; enact .................................................................. HB 417 Higher education savings plans; contributions; income tax exclusions ................ HB 946 HOPE scholarships; certain part-time students; eligibility.................................... HB 583 HOPE scholarships; redefine "eligible high school"............................................. HB 961 John Marshall Law School; support certain motion before Supreme Court ......... HR 599
Refer to numerical index for page numbers

3982

INDEX

John Marshall Law School; urge Supreme Court vacate certain order ................. HR 593 Nonpublic postsecondary educational institutions; exempt from prohibition....... HB 465 Parent College Education Savings Plan; enact ...................................................... HB 427 Qualified State Tuition Program; enact ................................................................. HB 14 Qualified State Tuition Program; enact ................................................................. HB 83 Qualified State Tuition Program; enact ................................................................. HB 458 Sales tax; exempt postsecondary textbooks........................................................... HB 483 Sales tax; exempt required textbooks; postsecondary schools .............................. HB 67 State authorities, advisory boards, councils, commissions and
committees; abolishment of certain entities ........................................................ SB 196
POWDER SPRINGS, CITY OF Ad valorem taxes; homestead exemption.............................................................. SB 89 Homestead exemption ........................................................................................... HB 27
POWER ALLEY DEVELOPMENT AUTHORITY ACT; enact....................... HB 744
PRESCRIPTION DRUGS AND PHARMACISTS Causing death or injury; losing control of vehicle; medication............................. HB 763 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse............... HB 648 Medical patient records; privacy regulations; release and handling; subpoenas; objections.......................................................................................... SB 210 Pharmacists and pharmacies; certain GEMA excemption; dispensing drugs ....... HB 481 Pharmacy benefit managers; licensing and inspection .......................................... HB 585 Psychologists; authorization to prescribe drugs .................................................... HB 329 State employees' health insurance plans; prescription drugs; senior citizens ....... HB 711
PRESSLEY, EDNA JEAN; commend.................................................................... HR 508
PRESSLEY, JUDGE RANDOLPH WAYNE; condolences................................. HR 617
PRESTOLITE WIRE CORPORATION Commend .............................................................................................................. HR 307 Recognize March 30, 2001 as Prestolite Wire Corporation Day .......................... HR 480
PRETRIAL PROCEEDINGS Criminal procedure; insanity plea; amend provisions ........................................... HB 971
PRICE, DR. NELSON L.; invite to House ............................................................. HR 369
PRIMARIES (See Elections)
Refer to numerical index for page numbers

INDEX

3983

PRINCE, HONORABLE MILES; commend........................................................ HR 663
PRINCIPAL AND AGENT Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements................................................... SB 208
PRINTING AND DOCUMENTS Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Georgia Government Documents Act; repeal ....................................................... SB 114 State printing and access; urge Department of Administrative Services and Georgia Technology Authority; electronic directory ..................... HR 338
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Private investigators and security guards; licensure; reciprocity agreements ....... HB 736 Private security guards; arrest powers ................................................................... SB 168
PROBATE COURTS Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Fees and costs; comprehensive revision................................................................ HB 541 Judges of the Probate Courts Retirement; payments into fund ............................. HB 571 Probate court judge; vacancy; chief clerk assume duties ...................................... HB 295 Wills; Revised Probate Code of 1998; amend provisions ..................................... HB 639
PROBATION Crime Prevention Act of 2001; enact .................................................................... SB 34 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ................................................................................... HB 385 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Penal institutions; split sentence probationers; supervision .................................. HB 791 Probation services; certain agreements; amend provisions ................................... HB 411 Probation supervision services; county and municipal courts; contractual agreements ........................................................................................ SB 13 Sexual offender registry; registration requirements; redefine sexual offenses against a minor; affect of discharge of a defendant .............................. SB 66 Substance Abuse and Crime Prevention Act of 2001; enact................................. HB 743
Refer to numerical index for page numbers

3984

INDEX

PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Credentialing data; centralized collection ............................................................. HB 356 Mental health; emergency examinations; authorize certain counselors ................ HB 246 Mental health therapists; professional licensing; prohibit unlicensed practice, use of titles ............................................................................................ SB 119
PROFESSIONAL GOLFER'S ASSOCIATION OF AMERICA; commend .... HR 758
PROFESSIONS AND BUSINESSES Acupuncture; licensure; delete a test requirement; temporary licenses................. SB 75 Architects; structures not requiring seal; amend provisions.................................. HB 297 Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission ................................................................................. HB 538 Clinical perfusionists; licensing ............................................................................ HB 69 Conditioned air contractors; unlawful practices by an unlicensed person; advertising; penalties ........................................................................................... SB 254 Cosmetologists, estheticians, or nail technicians; qualifications for registration; instructors; reciprocity; waivers ...................................................... SB 116 Cosmetologists; registration; qualifications .......................................................... HB 641 Dental hygienists; dental screenings without supervision..................................... HB 223 Driver education and instruction; requirements .................................................... HB 9 Driver education schools and courses; provisions................................................. HB 315 Drivers' licenses; restoration; completion of certain courses or programs ........... HB 480 Drivers' licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain offenses, related restrictions ................... SB 1 Electrical, plumbing, and conditioned air contractors; continuing education; licensure ............................................................................................. HB 772 Engineers and land surveyors; continuing education; certain exemption ............. HB 140 Georgia Volunteers in Dentistry Act; enact .......................................................... HB 241 Guide Dogs for the Blind, State Board of; create.................................................. HB 979 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests....................................................... SB 53 Health care practitioners; credentialing data; centralized collection..................... HB 356 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects ............................................................ HB 470 Health Care Work Force Shortage Act; enact ....................................................... HB 652 Health records; patient or provider request for medical records; furnishing copies; costs, fees............................................................................... SB 30 Health services and clinical laboratories; prohibitions.......................................... HB 825
Refer to numerical index for page numbers

INDEX

3985

House Study Committee on Certified Professional Midwifery; create ................. HR 128 House Study Committee on Minority Business Enterprise; create........................ HR 645 Librarians; certification; continuing education ..................................................... HB 388 Massage Therapists, Board of; create.................................................................... HB 733 Medical patient records; privacy regulations; release and handling;
subpoenas; objections .......................................................................................... SB 210 Mental health therapists; professional licensing; prohibit unlicensed
practice, use of titles ............................................................................................ SB 119 Motor vehicles; driving under the influence; teen restriction; aggressive
driving; amend provisions ................................................................................... HB 385 Natural gas piping contractor licensing requirements ........................................... SB 194 Nurses; Multistate Compact; enact........................................................................ HB 968 Optometrists; scope of practice ............................................................................. HB 195 Orthotics, Prosthetics, and Pedorthics Practice Act; enact; create Board ............. HB 828 Patient Right to Know Act of 2001; enact; creation of physician profiles............ HB 156 Pecans; dealer purchases; require certain identification from seller ..................... HB 442 Physical therapy and physiotherapy; definitions ................................................... HB 96 Physician's assistants; allowable number.............................................................. HB 383 Physician's assistants; professional samples; distribution..................................... HB 384 Physicians; office based surgical settings; regulate............................................... HB 632 Physicians; office based surgical settings; regulate............................................... HB 784 Private investigators and security guards; licensure; reciprocity agreements ....... HB 736 Private security guards; arrest powers ................................................................... SB 168 Psychologists; authorization to prescribe drugs .................................................... HB 329 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108 Registered Nurse First Assistant Consumer Act; enact......................................... HB 355 Registered Nurse First Assistant Consumer Act; surgical services;
insurer reimbursement ......................................................................................... SB 82 Student loans; suspension of professional licenses for default ............................. HB 532 Torts; negligent or improper polygraph examinations; delete
certain reference .................................................................................................. HB 109 Utility contractors; redefine "conditioned air equipment" and "plumbing" .......... HB 286 Utility contractors; redefine plumbing .................................................................. HB 277 Veterinary medicine; substantial revision; State Board; provisions...................... HB 719 Water well drilling and construction; contractors; pump installers;
licenses; regulations; State Standards Advisory Council membership................ SB 139
PROPERTY Ad valorem tax; fair market value; income tax credits; low-income housing....... HB 509 Ad valorem tax; personal property exemption; increase amount; state-wide referendum election November, 2002................................................ SB 150 Ad valorem tax; property appraisal; acquisition date value - CA ......................... HR 1 Ad valorem tax; redefine current use value, fair market value, freeport............... HB 57
Refer to numerical index for page numbers

3986

INDEX

Ad valorem tax; state levy; fund additional appraisers - CA ................................ HR 257 American Indian tribes; add Southeastern Cherokee Council, Inc........................ HB 415 Anatomical gifts; donees; certain written disclosures ........................................... HB 615 Anatomical gifts; for profit or not for profit entities; donor limit ......................... HB 927 Bankruptcy and certain insolvent estates; exemptions .......................................... HB 373 Business development corporations; powers; secondary liability;
commercial, residential, historical properties; member loans ............................. SB 11 Certain real property; removal from industrial area; binding on successors - CA .............................................................................................. HR 27 Criminal trespass and damage to property; graffiti materials;
possession or sale ................................................................................................ HB 729 Criminal trespass and damage to property; possession of certain
tools; define offense ............................................................................................ HB 567 Criminal tresspass; certain sexual offenders; school safety zones ....................... HB 407 Defense of self or habitations or residences when forcible entry occurs;
justification in use of force .................................................................................. SB 160 Delivery of notices by overnight or commercial delivery service......................... SB 25 Entry on property; utility meter reader; written notice .......................................... HB 428 Family owned farm entities; preferential assessment; certain property - CA........ HR 140 Financial institutions code; change provisions; licensees; stock;
investments; disclosures; real estate loans, mortgage brokers ............................ SB 16 Georgia Fair Lending Act; abusive high cost home loans;
prohibited practices ............................................................................................. SB 70 Grave markers, monuments, or memorials honoring military service;
penalties for theft or defacing, mutilating, or defiling ........................................ SB 207 Homestead exemption; certain assessed value difference..................................... HB 347 Hunting without landowner's permission; penalties ............................................. HB 742 Income tax credit; property donations; greenspace ............................................... HB 229 Income tax credits; low-income housing............................................................... HB 572 Insurance; certain cancellation; written consent.................................................... HB 629 Judicial sales; real property descriptions; advertisements ..................................... HB 31 Landlord and tenant; dispossessory proceedings; defenses and
counterclaims; timeframes; appeals..................................................................... SB 46 Litter; redefine; include cigarette butts.................................................................. HB 237 Local government ordinances or resolutions; authentication;
codification; distribution; transfer of development rights ................................... SB 239 Private security guards; arrest powers ................................................................... SB 168 Private ways; court grant petition; exception ........................................................ HB 448 Property and trusts; rule against perpetuities; optional exceptions ....................... HB 663 Property; certain loss of value; compensation....................................................... HB 661 Property dedication; land for public road; presumptions ...................................... HB 714 Property; foreclosure; advertisements of sales ...................................................... HB 648 Property owners' associations; assessments; street repairs ................................... HB 776
Refer to numerical index for page numbers

INDEX

3987

Property owner's rights in eminent domain proceedings; just compensation; interference with property access................................................ SB 49
Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162
Property sale for taxes; premium for redemption .................................................. HB 520 Property valuations; repeal certain prohibitions.................................................... HB 243 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108 Real estate transfer tax; exempt certain instruments and writings ........................ HB 699 Superior court clerks; documents and instruments; rules and responsibilities...... HB 693 Tax sales; excess funds; payment.......................................................................... HB 337 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191
PSYCHOLOGISTS Authorization to prescribe drugs ........................................................................... HB 329 Civil practice; mental exams; physician or psychologist....................................... HB 435 Credentialing data; centralized collection ............................................................. HB 356 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Psychologists; authorization to prescribe drugs .................................................... HB 329
PUBLIC ADMINISTRATION, OFFENSES AGAINST Crime Prevention Act of 2001; enact .................................................................... SB 34 Escape; redefine offense; include confinement for child support violation.......... HB 495 Evidence tampering; criminal penalties ................................................................ SB 22 Judges; part-time teaching in postsecondary schools; compensation.................... SB 107 Obstructing placement of emergency phone calls; define offense ........................ HB 422 Power Alley Development Authority Act; enact................................................... HB 744
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Coverdell, Honorable Paul; placement of portrait in State Capitol....................... SR 178 Dan Harrison State Prison; designate .................................................................... HR 339 Disabled persons; public buildings; restroom accessibility................................... HB 401 State buildings; construction; minimize tree destruction ...................................... HB 196 Williams, Reverend Hosea L. and Juanita; place portrait in capitol ..................... HR 409
PUBLIC CONTRACTS Bond provisions; public works.............................................................................. HB 513 Department of Transportation; public works contracts; bonds of successful bidders............................................................................................ SB 180 Local Board of Education Freedom to Contract Act; enact .................................. HB 940 Local governments; contracts with private nonprofit organizations ..................... HB 87
Refer to numerical index for page numbers

3988

INDEX

PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo; certain nonprofit organizations; licensure qualifications........................... HB 155 Bingo; prizes; increase maximum amounts........................................................... HB 154 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees.................................................... SB 60 Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Coin operated amusement machines; gambling offenses; arcade permits, licenses; local regulations .......................................................... SB 204 Computer pornography and child exploitation; increase penalties........................ HB 852 Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements................................................... SB 208 Failing to supervise a minor; define offense ......................................................... HB 98 First trimester abortions; regulate certain facilities ............................................... HB 953 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Smoking in health care institutions; prohibit......................................................... HB 545 Smoking on public school buses; prohibit............................................................. HB 563 Woman's Right to Know Act; enact...................................................................... HB 244 Woman's Right to Know Act; enact...................................................................... HB 462
PUBLIC OFFICERS AND EMPLOYEES Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Boards and commissions; increase per diem allowance........................................ HB 303 Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create.................................................. HB 190 Conflicts of interest; certain business with government........................................ HB 933 Corruption Prevention Act; enact .......................................................................... HB 367 Corruption Prevention Act; enact .......................................................................... SB 234 County boards of education; inclusion in certain health insurance plans.............. HB 724 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Court reporters; receive counsel for actions and proceedings............................... HB 597 Death investigation; inquests; subpoenas by medical examiners for certain medical records....................................................................................... SB 110 District attorneys or solicitors; disqualification from engaging in a prosecution; appointment of substitute................................................................ SB 276 Election fraud; governor provide rewards to persons reporting............................ HB 45 Election fraud; governor reward for information .................................................. HB 41 Elections Code; amend provisions ........................................................................ HB 110
Refer to numerical index for page numbers

INDEX

3989

Employees' Retirement and Teachers Retirement systems; urge separate management of administration and assets ............................................. HR 562
Employees' Retirement; appellate court judges; 12 years' service ....................... HB 754 Employees' Retirement; certain defined contribution membership; transfer........ HB 970 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Employees' Retirement; certain juvenile detention facility service; credit........... HB 912 Employees' Retirement; certain military service; creditable service .................... HB 605 Employees' Retirement; certain prior service as governor or
lieutenant governor; credit................................................................................... HB 966 Employees' Retirement; certain retirement benefit; 5 years' service.................... HB 936 Employees' Retirement; full retirement benefit; certain reemployment ............... HB 931 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Employees' Retirement; military service credit .................................................... HB 122 Employees' Retirement; redefine creditable service ............................................. HB 552 Employees' Retirement; transfers to Teachers Retirement; unused sick leave..... HB 600 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests....................................................... SB 53 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects.................................................. HB 470 Judges; part-time teaching in postsecondary schools; compensation.................... SB 107 Ovarian cancer surveillance tests; health benefit policy coverage ........................ SB 98 Personal purchases through Georgia Technology Authority; prohibition; exemption ........................................................................................ HB 725 Persons and their rights; unlawful discrimination; amend provisions................... HB 941 Public Employees Labor Relations Act; enact ...................................................... HB 916 Public Employees' Savings Plan; establish ........................................................... HB 559 Public officers and employees; conflicts of interest; certain business with government ................................................................................... HB 933 Public roads and bridges; naming or renaming; prohibition ................................. HB 568 Retired public safety officers and troopers; reemployment; continuation of retirement benefits...................................................................... SB 292 Revenue shortfall reserve; change amount............................................................ HB 601 Social Security Act; urge Congress amend Title XXI; PeachCare for Kids ......... HR 101 State agencies; employee incentive award programs; incentive compensation pay ................................................................................................ SB 161 State agencies; rejected applications for law enforcement positions; written notification .............................................................................................. HB 72 State auditor; compensation................................................................................... HB 298 State Commission on Compensation; abolish ....................................................... HB 436 State deferred compensation plans; include local school systems......................... HB 813
Refer to numerical index for page numbers

3990

INDEX

State employees' health insurance plan; Georgia-Federal State Inspection Service; include retired members....................................................... HB 40
State employees' health insurance plan; prescription drugs; senior citizens......... HB 711 State employees; state stationery and postage; urge supervisors
warn against use for unofficial purposes............................................................. HR 465 State flag; change design; agencies required to display; description
of seal; protection of monuments and memorials................................................ HB 16 State officers and employees; annual leave; use for other office .......................... HB 116 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 Teachers and public school employees; state employees' health
insurance plan; monthly premiums...................................................................... HB 491 Teachers Retirement; certain accrued sick leave; creditable service .................... HB 604 Volunteer firemen; certain injuries; temporary disability compensation .............. HB 461
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Crimes and offenses; possession of certain firearms and body armor; penalties .......................................................................................... HB 208 Firearms; eliminate victim disarmament zones ..................................................... HB 304 Firearms; license to carry; prohibition; redefine "convicted"................................ HB 691 Firearms; possession by certain felons and probationers; penalty......................... HB 499 Loaded firearms in private motor vehicles; authorize ........................................... HB 144 Pistols and revolvers; licenses; definition of convicted ........................................ HB 533
PUBLIC PROPERTY Atlanta, City of; convey property .......................................................................... SR 80 Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties; grant easements....................................................... SR 35 Bartow, Colquitt, Cook, Early, Franklin, Washington, Whitfield, Chatham, Pickens, and Burke counties; convey property .................................. HR 88 Houston, Putnam, Terrell, and Sumter counties; convey property........................ HR 139 Power Alley Development Authority Act; enact................................................... HB 744 State buildings; construction; minimize tree destruction ...................................... HB 196 State development activity; save specimen trees or replace with hardwoods ....... HB 279
PUBLIC RECORDS Certain disclosure; exempt teachers and public school employees ....................... HB 65 Certain information; exempt teachers and public school employees .................... HB 66 Disclosure; exempt certain ridesharing programs ................................................. HB 393 Disclosure exemption; certain personal information............................................. SB 205 Exempt certain information; teachers and school employees................................ HB 73
Refer to numerical index for page numbers

INDEX

3991

Health care facilities, hospitals; confidential information disclosed to a governmental agency .................................................................................... SB 238
Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures.............................................................................. HB 158
Open records; emergency "911" calls; redact certain information........................ HB 696 Open records; exempt certain 911 communications.............................................. HB 338 Open records; exempt certain data from motor vehicle accident reports .............. HB 628 Open records; exempt certain photographs of dead bodies................................... HB 631
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Certain incentive pay; increase.............................................................................. HB 202 Employees' Retirement; full retirement benefit; certain reemployment ............... HB 931 Peace Officers' Annuity and Benefit; certain reemployment; full retirement benefit .......................................................................................... HB 935
PUBLIC SCHOOL EMPLOYEES Education; certain manufacturer or vendor compensation; prohibit ..................... HB 956 Public records; certain disclosure; exempt teachers and public school employees...................................................................................... HB 65 Public records; certain information; exempt teachers and public school employees...................................................................................... HB 66 Public records; exempt certain information; teachers and school employees ....... HB 73 Retirement; age 60 or 30 years' service ................................................................ HB 660 Retirement; age 60 or 30 years' service ................................................................ HB 739 Retirement; increase benefit .................................................................................. HB 203 Retirement; increase maximum benefit................................................................. HB 486 Retirement; increase maximum benefit................................................................. HB 640 Retirement; maximum benefit ............................................................................... HB 930 Salary schedule; first payment............................................................................... HB 848 Sick leave; absence due to certain injury on duty.................................................. HB 164 State employees' health insurance plan; monthly premiums ................................ HB 491 Teachers Retirement; public school employees; certain membership................... HB 902
PUBLIC UTILITIES AND TRANSPORTATION Abandonment of public roads; utility systems; removal of lines .......................... HB 913 Campaign contributions; natural gas marketers; prohibition ................................ HB 273 Electric membership corporations; condemnation of certain property.................. HB 655 Electric membership corporations; director from each county served .................. HB 105 Entry on property; utility meter reader; written notice .......................................... HB 428 Gas marketers and telemarketers; switching consumers' gas supplier.................. HB 957 Gas utility company; billing errors; automatic refund........................................... HB 386
Refer to numerical index for page numbers

3992

INDEX

Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers, solar facilities; Green Pricing Program.................................. SB 93
Georgia Public Telecommunications Commission; amend provisions ................. HB 200 Natural gas company; retail customer; reconnected service fee............................ HB 349 Natural gas competition and deregulation; amend ................................................ HB 258 Natural gas competition and deregulation; amend provisions; Electric
Membership Corporation gas affiliate................................................................. HB 637 Natural gas competition and deregulation; customer service offices.................... HB 271 Natural gas competition and deregulation; Electric Membership
Corporation gas affiliates; amend provisions ...................................................... HB 679 Natural gas competition and deregulation; overcharges; marketer's liability....... HB 659 Natural gas competition and deregulation; rate design; repeal requirement ......... HB 274 Natural gas competition and deregulation; rate-making methods ......................... HB 275 Natural gas competition and deregulation; retail customer;
alternative marketer ............................................................................................. HB 665 Natural gas competition and deregulation; universal service funds...................... HB 270 Natural gas marketers; pricing, billing, meter reading; emergency
directives; customer disputes; assist low-income persons................................... SB 217 Natural gas piping contractor licensing requirements ........................................... SB 194 Natural gas; Public Service Commission regulate delivery .................................. HB 543 Physical or verbal harassment, abusive language or obstruction
of a public safety communications officer prohibited ......................................... SB 133 Public Service Commission; natural gas marketers; pipeline fees ........................ HB 272 Radio common carriers; Georgia Radio Utility Act; repeal provisions ................ HB 168 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Sales tax; exempt residential propane and natural gas .......................................... HB 437 Sales tax; exempt residential propane and natural gas .......................................... HB 500 Telecommunications and cable services; civil damages for theft;
public pay telephones; Public Service Commission regulate .............................. HB 521
PUBLICATIONS Textbooks; make available in electronic format.................................................... HB 228
PURVINE, BUDDY; commend............................................................................... HR 767
PUTNAM COUNTY Convey property .................................................................................................... HR 139 Probate court judge; nonpartisan ........................................................................... HB 379 Sinclair Water Authority; create............................................................................ HB 398
PUTNAM COUNTY HIGH SCHOOL FUTURE FARMERS OF AMERICA DAIRY JUDGING TEAM; invite to House ....... HR 368
Refer to numerical index for page numbers

INDEX

3993

R
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Crimes; redefine "pattern of racketeering activity" ............................................... HB 657
RADAR Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Police chiefs and department heads; state radar permit; certain training .............. HB 341 Speed limits; school zones; local authority ........................................................... HB 204 Uniform rules of the road; enforcement; standard fines for speeding; traffic control devices .......................................................................................... HB 678 Uniform rules of the road; radar; certain residential area...................................... HB 454
RADIO COMMON CARRIERS Georgia Radio Utility Act; repeal provisions ........................................................ HB 168 Sales tax; exempt certain digital broadcast equipment.......................................... HB 29
RAILROAD RETIREMENT AND SURVIVORS IMPROVEMENT ACT; urge congressional support......................................... HR 168
RAILROADS Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Sales tax credit; railroad companies; fuel purchases............................................. HB 928
RAINWATER, HONORABLE RITA; commend................................................. HR 708
RALSTON, WALKER DAVID, JR.; commend ................................................... HR 71
RAPE; criminal procedure; statute of limitations .................................................... HB 653
RAUSCH, JENNIFER C.; commend ..................................................................... HR 650
RAY, DANY MARIE; commend ............................................................................ HR 613
READ ACROSS AMERICA CAMPAIGN; endorse............................................ HR 375

Refer to numerical index for page numbers

3994

INDEX

REAL ESTATE (Also, see Property) Financial institutions code; change provisions; licensees; stock; investments; disclosures; real estate loans; mortgage brokers ............................ SB 16 Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ............................................................................................. SB 70 Intangible tax; real estate transfer tax; change provision ...................................... HB 56 Real estate transactions; fair housing laws; disclosure of certain information ..... SB 108
REDEVELOPMENT Expand meaning; certain nonurban areas; natural or historical assets .................. HB 409 Qualification; amend provisions............................................................................ HB 366
REECE, RAY; condolences..................................................................................... HR 470
REECE, WILLIAM OSCAR "W. O."; condolences............................................ HR 397
REGIONAL DEVELOPMENT CENTERS Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to protect public water supplies.............. SB 130 Public geographic information systems; electronic records; contracts to sell services and products .................................................................................... SB 230
REGUS, ROBERT J.; commend ............................................................................ HR 680
RELIGION Education; curriculum; history, literature, culture of ancient Middle East ........... HB 816 Public money; use by religious organizations; certain social services - CA ......... HR 131 Sales tax; exempt certain sales to churches ........................................................... HB 290 Sales tax; exempt sales by or to certain religious entities ..................................... HB 575
REPRESENTATIVE DEBRA MILLS COMMEMORATIVE BRIDGE; designate .............................................................................................. HR 453
RESTAURANT FRANCHISE RELATIONS ACT; enact .................................. HB 809
RETIREMENT AND PENSIONS Class Nine Fire Department Pension; increase benefits........................................ HB 252 Code corrections .................................................................................................... HB 108 County retirement systems; participation by magistrates ...................................... HB 504 District attorneys emeritus; compensation............................................................. HB 133 Employees' Retirement and Teachers Retirement systems; urge separate management of administration and assets ..................................... HR 562 Employees' Retirement; appellate court judges; 12 years' service ....................... HB 754
Refer to numerical index for page numbers

INDEX

3995

Employees' Retirement; certain defined contribution membership; transfer........ HB 970 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Employees' Retirement; certain juvenile detention facility service; credit........... HB 912 Employees' Retirement; certain law assistants; membership................................ HB 606 Employees' Retirement; certain law enforcement officers; increase benefit ........ HB 282 Employees' Retirement; certain military service; creditable service .................... HB 605 Employees' Retirement; certain prior legal service; credit ................................... HB 666 Employees' Retirement; certain prior service as governor or
lieutenant governor; credit................................................................................... HB 966 Employees' Retirement; certain retirement benefit; 5 years' service.................... HB 936 Employees' Retirement; Department of Family and Children Services; creditable service ................................................................................. HB 38 Employees' Retirement; disability benefits; earnings maximum .......................... HB 387 Employees' Retirement; full retirement benefit; certain reemployment ............... HB 931 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Employees' Retirement; local school system service; certain credit..................... HB 124 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Employees' Retirement; military service credit .................................................... HB 122 Employees' Retirement; Municipal Employees Benefit; invest assets ................. HB 612 Employees' Retirement; redefine creditable service ............................................. HB 552 Employees' Retirement; 30 years' service ............................................................ HB 80 Employees' Retirement; 31 years' service ............................................................ HB 76 Employees' Retirement; 32 years' service ............................................................ HB 74 Employees' Retirement; 33 years' service ............................................................ HB 85 Employees' Retirement; transfers to Teachers Retirement; unused sick leave..... HB 600 Firefighters' Pension; certain investiments; authorize .......................................... HB 288 Firefighters' Pension; increase benefit; certain members ..................................... HB 255 Georgia Military Pension Fund; create.................................................................. HB 227 Income tax; retirement income; exempt certain persons ....................................... HB 257 Income tax; retirement income; increase exclusion .............................................. HB 179 Income tax; taxable net; exclude retirement income ............................................. HB 5 Judges of the Probate Courts Retirement; payments into fund ............................. HB 571 Judicial Retirement; certain military service; creditable service........................... HB 963 Judicial Retirement; creditable service.................................................................. HB 283 Judicial Retirement; state court judges; transfer funds from Employees' Retirement ....................................................................................... HB 254 Judicial Retirement; survivors benefit fund; public retirement systems; contract with State Employees' Assurance Department...................................... HB 557 Judicial Retirement; 30 years' service................................................................... HB 962 Judicial Retirement; transfer from local system; creditable service...................... HB 625 Legislative Retirement; election of coverage; change date................................... HB 627 Peace Officers' Annuity and Benefit; certain fraud investigators; membership ... HB 794
Refer to numerical index for page numbers

3996

INDEX

Peace Officers' Annuity and Benefit; certain reemployment; full retirement benefit .......................................................................................... HB 935
Peace Officers' Annuity and Benefit; county jail officers; membership............... HB 608 Pension obligation bonds; provisions.................................................................... HB 441 Public Employees' Retirement 401(k) Plan; establish .......................................... HB 404 Public Employees' Savings Plan; establish ........................................................... HB 559 Public School Employees Retirement; age 60 or 30 years' service ...................... HB 660 Public School Employees Retirement; age 60 or 30 years' service ...................... HB 739 Public School Employees Retirement; increase benefit ........................................ HB 203 Public School Employees Retirement; increase maximum benefit ....................... HB 486 Public School Employees Retirement; increase maximum benefit ....................... HB 640 Public School Employees Retirement; maximum benefit ..................................... HB 930 Railroad Retirement and Survivors Improvement Act; urge
congressional support .......................................................................................... HR 168 Retired public safety officers and troopers; reemployment;
continuation of retirement benefits...................................................................... SB 292 Retired public safety officers and troopers; reemployment;
continuation of retirement benefits...................................................................... SB 293 Retirement Savings Protection Act; enact ............................................................. HB 219 State agencies; employee incentive award programs; incentive
compensation pay ................................................................................................ SB 161 Superior Court Clerks' Retirement; cost of living benefit; increase ..................... HB 975 Superior Court Clerks' Retirement; state court clerks; membership..................... HB 842 Teachers Retirement; additional benefit; over 30 years' service .......................... HB 934 Teachers Retirement; certain accrued sick leave; creditable service .................... HB 604 Teachers Retirement; certain blackboard teachers; additional benefit.................. HB 602 Teachers Retirement; certain Department of Labor service; credit....................... HB 950 Teachers Retirement; certain postretirement benefit............................................. HB 822 Teachers Retirement; creditable service for certain absences............................... HB 603 Teachers Retirement; creditable service for unused sick leave ............................ HB 599 Teachers Retirement; creditable service; certain library employment .................. HB 449 Teachers Retirement; creditable service; certain private schools.......................... HB 488 Teachers Retirement; creditable service; early childhood
development service ............................................................................................ HB 765 Teachers Retirement; early retirement; eliminate penalty..................................... HB 211 Teachers Retirement; early retirement; reduce penalty ......................................... HB 209 Teachers Retirement; early retirement; reduce penalty ......................................... HB 467 Teachers Retirement; eligibility; 5 years' service ................................................. HB 929 Teachers Retirement; postretirement benefit increase........................................... HB 644 Teachers Retirement; public school employees; certain membership................... HB 902 Teachers Retirement; redefine creditable service.................................................. HB 560 Teachers Retirement; return to service; certain teachers....................................... HB 217 Teachers Retirement; return to service; elementary and secondary teachers ........ HB 210
Refer to numerical index for page numbers

INDEX

3997

Teachers Retirement; return to service; maintain benefits .................................... HB 508 Teachers Retirement; service at low-performing school; credit............................ HB 817 Teachers Retirement; service retirement; 29 years................................................ HB 468 Teachers Retirement; 25 years' service; obtain 3 additional years ....................... HB 955 Teachers Retirement; 29 years of creditable service ............................................. HB 740
REVENUE (See Taxation and Revenue)
REVENUE BONDS Bonds; registration; name of purchaser................................................................. HB 542 Pension obligation bonds; provisions.................................................................... HB 441 Power Alley Development Authority Act; enact................................................... HB 744 Revenue bonds; political subdivisions; development authorities.......................... HB 75
REVEREND HOSEA L. WILLIAMS PARKWAY; designate ........................... HR 460
RHODES, TREY; commend ................................................................................... HR 522
RICE, MOLLIE; commend..................................................................................... HR 48
RICHARDSON, JACKIE; commend..................................................................... HR 545
RICHARDSON, JOSHUA BLYTHE; commend.................................................. HR 707
RICHEY, DEACON CHARLIE RUFUS, JR.; condolences................................ HR 305
RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; membership............................. HB 856 Probate court judge; compensation........................................................................ HB 837
RICHMOND HILL, CITY OF; delinquent ad valorem taxes; interest ................. HB 697
RIGGS, JAMES C.; condolences............................................................................ HR 741
RINGHAM, JASON COREY; commend .............................................................. HR 203
RIVERS AND LAKES Erosion and sedimentation; streams and trout streams; buffer.............................. HB 420 Flint River Drought Protection Act; ratify rules.................................................... HR 17
RIVERS, JOSEPH "REASON", JR.; condolences .............................................. HR 427
ROBBINS, MISS DELLA; commend on 100th birthday ........................................ HR 539
Refer to numerical index for page numbers

3998

INDEX

ROCKDALE COUNTY; grant easement ............................................................... SR 35
ROGERS, MARGUERITE; commend .................................................................. HR 723
ROME JUDICIAL CIRCUIT Add judge .............................................................................................................. HB 180 Add judge .............................................................................................................. HB 450
ROME, CITY OF; homestead exemptions; certain residents ................................. HB 847
ROSS, GEORGE; commend ................................................................................... HR 716
ROSSETER, SANDRA; commend ......................................................................... HR 753
ROWLAND, HONORABLE CHARLIE; condolences ........................................ HR 351
ROY, ANDREW THOMPSON; invite to House................................................... HR 187
ROYAL, JAMES; commend ................................................................................... HR 768
ROZIER, JEANETTE; commend .......................................................................... HR 614
RURAL HEALTH DAY; designate 2/9/01 ............................................................ HR 231
RYLES, DR. ROGER C. (BO), TREY COCUS, AND DR. GALE A. BUCHANAN; invite to House ............................................................ HR 34
S
SADLER, A. G.; commend...................................................................................... HR 775
SAINT PAUL AFRICAN METHODIST EPISCOPAL CHURCH; commend ........................................................................................... HR 346
SALES AND USE TAX Back to School Tax Holiday Act; enact ................................................................ HB 426 Certain fuel; tobacco production ........................................................................... HB 132 Certain fuel used in dairy production; exemption ................................................. HB 278 Credit; railroad companies; fuel purchases ........................................................... HB 928 Dealer compensation; increase deduction ............................................................. HB 590 Refer to numerical index for page numbers

INDEX

3999

Definition of sales price......................................................................................... HB 46 Definitions ............................................................................................................. HB 54 Electricity for irrigation; exemption ...................................................................... HB 185 Eligible food and beverages; change exemption ................................................... HB 566 Exempt certain clothing and equipment; limited time........................................... HB 886 Exempt certain clothing and equipment; limited time........................................... HB 887 Exempt certain clothing, supplies, computer equipment; school purposes........... HB 15 Exempt certain clothing, wallets, and bags; limited time...................................... HB 439 Exempt certain clothing, wallets, and bags; limited time...................................... HB 440 Exempt certain clothing, wallets, and bags; limited time period........................... HB 1 Exempt certain digital broadcast equipment ......................................................... HB 29 Exempt certain digital broadcast equipment ......................................................... HB 502 Exempt certain food or beverages in capsule or tablet form ................................. HB 7 Exempt certain fuel; aquaculture business ............................................................ HB 350 Exempt certain nonprofit neighborhood associations ........................................... HB 827 Exempt certain sales by Salvation Army............................................................... HB 131 Exempt certain sales to churches........................................................................... HB 290 Exempt certain sales; service provision to mentally retarded ............................... HB 135 Exempt certain vending machine items................................................................. HB 344 Exempt film production and digital broadcast equipment..................................... HB 610 Exempt fuels; certain swine production ................................................................ HB 90 Exempt pollution control chemicals ...................................................................... HB 943 Exempt postsecondary textbooks .......................................................................... HB 483 Exempt required textbooks; postsecondary schools .............................................. HB 67 Exempt residential natural gas............................................................................... HB 336 Exempt residential natural gas............................................................................... HB 424 Exempt residential natural gas and liquefied petroleum gas ................................. HB 425 Exempt residential propane and natural gas .......................................................... HB 437 Exempt residential propane and natural gas .......................................................... HB 500 Exempt sales by Campfire Boys and Girls, Inc. .................................................... HB 472 Exempt sales by certain humane societies............................................................. HB 501 Exempt sales by certain nonprofit humane societies for animals.......................... HB 390 Exempt sales by or to certain religious entities ..................................................... HB 575 Exempt sales of natural gas ................................................................................... HB 145 Exempt sales to nonprofit organizations serving the mentally retarded................ HB 558 Homestead option sales tax; distribution of proceeds ........................................... HB 553 Homestead option sales tax; proceeds; certain municipal projects ....................... HB 777 Packaging materials exemption; amend provisions............................................... HB 722 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582 Special county 1 percent sales tax; change purposes ............................................ HB 584 Special county 1 percent sales tax; disbursement; requirements........................... HB 806 Special county or joint municipal and county tax; amend provisions ................... HB 376
Refer to numerical index for page numbers

4000

INDEX

State Public Transportation Fund; limitations; expenditures and use of proceeds ............................................................................................. HB 803
Unidentifiable sales tax; distribution of proceeds ................................................. HB 555 Vending machines; exempt food and beverages ................................................... HB 216
SAM, LORNE; commend........................................................................................ HR 672
SAM, P. K.; commend.............................................................................................. HR 698
SANDY SPRINGS, CITY OF; incorporate............................................................ HB 574
SATCHER, KIMBERLY; commend ..................................................................... HR 82
SAVAGE, DEACON SAMUEL "TUNK"; commend on 75th birthday................ HR 560
SAVANNAH ST. PATRICK'S DAY PARADE COMMITTEE Invite Ted Robertson, the Grand Marshal, and other representatives to the House......................................................................................................... HR 340
SAVANNAH, CITY OF Chatham County; homestead exemption; school district taxes; eligibility without application.............................................................................. HB 871 Fall Line Freeway and Savannah River Parkway; support early completion........ HR 600 Homestead exemption; eligibility without application.......................................... HB 862 Savannah-Chatham County Governmental Consolidation Study Committee; create...................................................................................... HR 457
SCHNEIDER, DAVID; commend .......................................................................... HR 619
SCHOOL BUSES Smoking on public school buses; prohibit............................................................. HB 563 Student disciplinary procedures, penalties; acts of physical violence, unruly behavior on school bus; reward reporting weapons on school property ................................................................................ SB 291
SCHOOL READINESS, OFFICE OF Georgia's Pre-K Program; rename pre-kindergarten program .............................. HB 97
SCHOOLS (Also, see Education) Back to School Tax Holiday Act; enact ................................................................ HB 426 Criminal trespass; certain sexual offenders; school safety zones.......................... HB 407 Education; honors program; include private school students................................ HB 392 High school nonvocational laboratory program; funding...................................... HB 591
Refer to numerical index for page numbers

INDEX

4001

HOPE scholarships; redefine "eligible high school"............................................. HB 961 House Study Committee on Universal School Breakfast; create .......................... HR 500 Income tax credit; tutoring or summer school; maximum..................................... HB 493 Joint Study Committee on Public School Size; create........................................... HR 223 On-site audits; exempt certain schools .................................................................. HB 296 Public school property; maximum length of lease; increase ................................. HB 651 Regional educational service agencies; sales to private schools ........................... HB 136 Schools used as polling places; close on election day........................................... HB 234 Schools; courses; instruction in black history ....................................................... HB 319 Schools; indoor air quality; annual inspections..................................................... HB 718 Schools; loitering; disrupting school function....................................................... HB 380 Schools; persons other than students; report on entering ...................................... HB 161 Schools; students committing offense of bullying; discipline............................... HB 977 Speed limits; school zones; local authority ........................................................... HB 204 Speed limits; school zones; 25 miles per hour or lower ........................................ HB 160 Tuition equalization grants; elementary and secondary schools; pilot program ... HB 70
SCOGGINS, JASON; commend............................................................................. HR 49
SCOGGINS, JEREMY; commend ......................................................................... HR 47
SCOGGINS, JOSH; commend ............................................................................... HR 50
SCOTT, BRANDELYN; commend ........................................................................ HR 39
SCOTTISH RITE OF FREE AND ACCEPTED MASONS; COUNCIL OF DELIBERATION, WESTERN EUROPE; mark anniversary.................... HR 196
SEABROOKS, EARL, SR.; condolences............................................................... HR 352
SEARCHES AND SEIZURES Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property ............................................................... HB 595 Search warrants; application by video conference ................................................ HB 292
SEAT BELTS Child safety restraint; physical or medical condition preventing use.................... HB 248 Redefine "passenger vehicle" ................................................................................ HB 291

Refer to numerical index for page numbers

4002

INDEX

SECRETARY OF STATE Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create.................................................. HB 190 Communication ..................................................................................................... Page 1 Elections; comprehensive revision of provisions .................................................. HB 479
SECURITIES Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements................................................... SB 208 Retirement Savings Protection Act; enact ............................................................. HB 219
SENATE Joint session; former state capitol in Milledgeville; January 23, 2001 ................. HR 33 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176 Joint session; message from Chief Justice of Supreme Court............................... HR 8 Joint session; recognize 250 Years of Representative Government...................... HR 6 Legislative Services Committee; meetings; twice yearly...................................... HB 700 Notify Senate; House convened ............................................................................ HR 3 State departments; reports to standing committees of General Assembly ............ HB 86
SENTENCING Crime Prevention Act of 2001; enact .................................................................... SB 34 Crimes; certain convictions; serve entire sentence - CA....................................... HR 740 Criminal procedure; serious violent felony; redefine ............................................ HB 232 Evidence tampering; criminal penalties ................................................................ SB 22 Motor vehicle hijacking; serious violent felony.................................................... HB 594 Motor Vehicle Safety, Department of; conform certain OCGA references .......... HB 484 Parolees or probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Penal institutions; split sentence probationers; supervision .................................. HB 791 Racial Justice Act; enact........................................................................................ HB 324 Sentences; judge's authority to modify; time ........................................................ HB 410
SEXUAL OFFENSES Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees.................................................... SB 60 Child Sexual Commerce Prevention Act of 2001; prostitution; offenses of pimping and pandering ..................................................................... SB 33 Crime Prevention Act of 2001; enact .................................................................... SB 34
Refer to numerical index for page numbers

INDEX

4003

Crimes; offense of aggravated sexual assault; penalties ....................................... HB 634 Criminal procedure; rape; statute of limitations .................................................... HB 653 Labor and industrial relations; sexual harassment................................................. HB 265 Pimping or pandering involving child; define offenses; penalties ........................ HB 343 Sexual offender registry; registration requirements; redefine sexual
offenses against a minor; affect of discharge of a defendant .............................. SB 66 Sexual offenses involving victims under age 16; extend statute of
limitations on prosecution ................................................................................... SB 106 Sexual offenses; change provisions relating to sexual assault .............................. HB 537 Victims of stalking or sexual assault; prosecution, protection orders;
no court fees, costs assessed................................................................................ SB 94
SEYMORE, MAX; commend ................................................................................. HR 527
SHARPE, MILDRED AMMONS; commend........................................................ HR 479
SHARPE, SHANNON; commend........................................................................... HR 241
SHAW HIGH SCHOOL FOOTBALL TEAM; commend................................... HR 67
SHAW, HONORABLE JAY; communication.......................................................Page 42
SHEALY, ERIN; commend..................................................................................... HR 58
SHELL, KATHRYN BLAKE; commend .............................................................. HR 445
SHEPPARD, CHRISTIE; commend...................................................................... HR 625
SHERIFFS Certain service in civil cases; increase fee ............................................................ HB 829 Minimum salaries; statutes; census effective date for certain purposes................ HB 302 Qualifying for office; certification; unlawful engage certain businesses.............. SB 37 Vacancies in office ................................................................................................ HB 32 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
SHERMAN, CASEY; commend ............................................................................. HR 52
SHERRELL, TREY; commend .............................................................................. HR 31
SHILOH, CITY OF; new charter............................................................................ HB 853
SHINGLER, DR. CLARK HENDERSON; condolences ..................................... HR 701
Refer to numerical index for page numbers

4004

INDEX

SHINHOSTER, EARL T. Condolences .......................................................................................................... HR 165 Condolences .......................................................................................................... HR 233
SHOEMAKER, CHARLES BRUCE; commend .................................................. HR 472 SHORE, DEE; commend......................................................................................... HR 330 SIEGEL, DR. BETTY L.; invite to House ............................................................. HR 503 SIKORA, SABRINA; commend ............................................................................. HR 481 SILVER-HAIRED LEGISLATURE; invite to House .......................................... HR 394 SILVERS, RICHARD; commend........................................................................... HR 29 SIMMONS, DEANNA; commend .......................................................................... HR 660 SIMS, HONORABLE NEIL; commend ................................................................ HR 591 SIMS, SHELBY; commend ..................................................................................... HR 159 SKELTON, REVEREND ROBERT M.; commend.............................................. HR 443 SKYELITE JAZZ BAND OF SAVANNAH ARTS ACADEMY; commend ..... HR 89 SLOSHEYE TRAIL BIG PIG JIG
Recognize as state's official barbecue cooking contest ........................................ HR 444 SMITH, ANDREW A.; commend........................................................................... HR 134 SMITH, DAVID; condolences................................................................................. HR 589 SMITH, HONORABLE LARRY; resignation from House ..................................Page 34 SMITH, HONORABLE VANCE; communications............................Pages 45, 177, 178 SMITH, JIM; commend .......................................................................................... HR 111 SMITH, PAUL J.; commend................................................................................... HR 135 SMITH, STACY; commend .................................................................................... HR 697
Refer to numerical index for page numbers

INDEX

4005

SMOAK, CHRIS; commend ................................................................................... HR 492
SMYRNA, CITY OF Ad valorem tax assessment; homestead exemption............................................... SB 90 Homestead exemption ........................................................................................... HB 240
SNELLVILLE, CITY OF; new charter.................................................................. HB 466
SNIPES, REVEREND WILLIAM HERBERT; condolences.............................. HR 66
SOCIAL SERVICES Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees............................................................. SB 60 Children and Youth Coordinating Council; assign to Department of Juvenile Justice............................................................................................... HB 580 Child welfare agencies and child care facilities; inspection results ...................... HB 120 Defense of Scouting Act; enact ............................................................................. HB 39 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects ............................................................ HB 470 Hospitals; newborns; eligibility for medical assistance ........................................ HB 978 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Nursing homes, nursing facilities, or intermediate care homes; civil monetary penalties ............................................................................................... HB 264 Public money; use by religious organizations; certain social services - CA ......... HR 131 Temporary assistance for needy families; qualified aliens; eligibility .................. HB 593 Uniform Commercial Code -- Secured Transactions; enact.................................. HB 191 Youth organizations; certain governmental discrimination; prohibit.................... HB 26
SOIL AND WATER CONSERVATION Agricultural Producers Water Conservation Incentive Program for Non-point Source Pollution Control.................................................................... SB 95 Erosion and sedimentation; streams and trout streams; buffer.............................. HB 420 Georgia Environmental Training and Education Authority; create....................... HB 375 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134
SOLAR ENERGY Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers; solar facilities; Green Pricing Program.................................. SB 93
Refer to numerical index for page numbers

4006

INDEX

SOUTH FULTON COUNTY LEGISLATIVE DAY AT THE CAPITOL; recognize February 15, 2001............................................. HR 239
SOUTHERN ORDER OF STORYTELLING Commend; recognize third week of November as Georgia Storytelling Week .... HR 509
SPAGE/FGE DAY AT THE STATE CAPITOL; recognize March 7, 2001 ....... HR 467
SPANDLE, STEVEN; commend ............................................................................ HR 84
SPEAKER OF HOUSE Communications....................................................................Pages 41, 45, 174, 176, 663 Election....................................................................................................................Page 7
SPEEDI SIGN OF SOUTH GEORGIA; commend.............................................. HR 291
SPORTS Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission............................................................. HB 538
SPURLOCK, AMY; PRIMARY ART SUPPLY; commend................................ HR 290
SQUIRES, HONORABLE MARY; communications ............................... Pages 174, 175
ST. THOMAS CATHOLIC CHURCH; commend............................................... HR 777
STAFFORD, DON; commend................................................................................. HR 424
STANFILL, BILL; commend ................................................................................. HR 314
STANLEY, ATTORNEY RAIFORD JR.; condolences....................................... HR 201
STANLEY, REPRESENTATIVE-ELECT PAMELA; oath of office ..............Page 117
STAPLETON, CITY OF; mayor and council; elections ........................................ HB 617
STARR'S MILL HIGH SCHOOL Girls and Boys 2000 Varsity Soccer Teams; invite to House ............................... HR 12 Varsity Wrestling Team; commend....................................................................... HR 494
STATE COURTS OF COUNTIES Certain judges; election CA................................................................................ HR 255 Refer to numerical index for page numbers

INDEX

4007

Court proceedings; request certain elected judges to conduct............................... HB 218 Criminal case data; electronic transmission .......................................................... HB 948 Election of judges .................................................................................................. HB 522 Election of judges .................................................................................................. HB 523 Elections, primaries, and voting; comprehensive revisions; uniform
equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Judges; qualifications for election and reelection ................................................. SB 220 Judicial election campaigns; certain activities; prohibit discipline - CA .............. HR 256 Judicial Retirement; state court judges; transfer funds from
Employees' Retirement ....................................................................................... HB 254 Magistrate courts; appeals; eliminate monetary jurisdictional limitations ............ SB 269 Parolees or probationers; new offenses; setting of bond by state and
magistrate court judges; supervision of misdemeanor offenders ........................ SB 270 Superior Court Clerks' Retirement; state court clerks; membership..................... HB 842
STATE DEBT Bonds; registration; name of purchaser................................................................. HB 542 Power Alley Development Authority Act; enact................................................... HB 744 State Financing and Investment Commission; capital outlay; grant administration; income earned on certain appropriations.................................... HB 695 State purchasing; contracts awarded by sealed bidding; reverse auctions; electronic bids; on competitive dollar limits ....................................................... SB 111 State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues ................................................................... SB 134
STATE EMPLOYEES Character education; certain state officials and employees................................... HB 774 Character education; certain state officials and employees................................... HB 775 County boards of education; inclusion in certain health insurance plans.............. HB 724 Employees' Retirement and Teachers Retirement systems; urge separate management of administration and assets ............................................. HR 562 Employees' Retirement; appellate court judges; 12 years' service ....................... HB 754 Employees' Retirement; certain defined contribution membership; transfer........ HB 970 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Employees' Retirement; certain juvenile detention facility service; credit........... HB 912 Employees' Retirement; certain law assistants; membership................................ HB 606 Employees' Retirement; certain law enforcement officers; increase benefit ........ HB 282 Employees' Retirement; certain military service; creditable service .................... HB 605 Employees' Retirement; certain prior legal service; credit ................................... HB 666 Employees' Retirement; certain prior service as governor or lieutenant governor; credit................................................................................... HB 966 Employees' Retirement; certain retirement benefit; 5 years' service.................... HB 936
Refer to numerical index for page numbers

4008

INDEX

Employees' Retirement; Department of Family and Children Services; creditable service ................................................................................. HB 38 Employees' Retirement; disability benefits; earnings maximum .......................... HB 387 Employees' Retirement; full retirement benefit; certain reemployment ............... HB 931 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Employees' Retirement; local school system service; certain credit..................... HB 124 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Employees' Retirement; military service credit .................................................... HB 122 Employees' Retirement; Municipal Employees Benefit; invest assets ................. HB 612 Employees' Retirement; redefine creditable service ............................................. HB 552 Employees' Retirement; 30 years' service ............................................................ HB 80 Employees' Retirement; 31 years' service ............................................................ HB 76 Employees' Retirement; 32 years' service ............................................................ HB 74 Employees' Retirement; 33 years' service ............................................................ HB 85 Employees' Retirement; transfers to Teachers Retirement; unused sick leave..... HB 600 Georgia Bureau of Investigation; narcotics agents; repeal certain retirement prohibition .............................................................................. HB 389 Health benefit plans; contractual fees between physician and insurer; timely disclosure of laboratory tests....................................................... SB 53 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects.................................................. HB 470 Judicial Retirement; state court judges; transfer funds from Employees' Retirement ....................................................................................... HB 254 Judicial Retirement; survivors benefit fund; public retirement systems; contract with State Employees' Assurance Department ....................... HB 557 Ovarian cancer surveillance tests; health benefit policy coverage ........................ SB 98 Public Employees Labor Relations Act; enact ...................................................... HB 916 Public Employees' Retirement 401(k) Plan; establish .......................................... HB 404 Public Employees' Savings Plan; establish ........................................................... HB 559 Social Security Act; urge Congress amend Title XXI; PeachCare for Kids ......... HR 101 State agencies; decentralization; reduction in Atlanta Metro Area employees ..... HB 35 State agencies; employee incentive award programs; incentive compensation pay ................................................................................................ SB 161 State deferred compensation plans; include local school systems......................... HB 813 State employees' health insurance plan; Georgia-Federal State Inspection Service; include retired members....................................................... HB 40 State employees' health insurance plan; prescription drugs; senior citizens......... HB 711 State employees; state stationery and postage; urge supervisors warn against use for unofficial purposes............................................................. HR 465 State flag; certain funerals; Secretary of State provide ......................................... HB 767 State officers and employees; annual leave; use for other office .......................... HB 116
Refer to numerical index for page numbers

INDEX

4009

Teachers and public school employees; state employees' health insurance plan; monthly premiums ..................................................................... HB 491
Teachers Retirement; certain accrued sick leave; creditable service .................... HB 604
STATE FLAG, SEAL, AND OTHER SYMBOLS Funk Heritage Center; designate official state museum of southeastern Indian art and history...................................................................... HB 287 Georgia State Flag Advisory Commission; create................................................. HR 10 State flag; certain funerals; Secretary of State provide ......................................... HB 767 State flag; change design; agencies required to display; description of seal; protection of monuments and memorials ............................................... HB 16 The Mighty Eighth Air Force Heritage Museum; designate official center for character education................................................................. HB 633
STATE GOVERNMENT Archives and History, Department of; change to Division of; amend provisions................................................................................................. HB 487 Bonds; registration; name of purchaser................................................................. HB 542 Business and occupation taxes; excessive regulatory fees; remedies.................... HB 878 Commission on African American Males; create.................................................. HB 36 Commission on the Holocaust; additional powers ................................................ HB 723 Contracts; bond provisions; public works ............................................................. HB 513 Coverdell, Honorable Paul; placement of portrait in State Capitol....................... SR 178 Death investigation; inquests; subpoenas by medical examiners for certain medical records .................................................................................. SB 110 Department of Administrative Services; bids; display certain information on the Internet ................................................................................. HB 445 Developmental highway system; change description............................................ HB 412 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 EMS technicians, paramedics, and cardiac technicians; regulations; transfer functions to Department of Human Resources ...................................... SB 132 Environmental Protection Division Agricultural Advisory Committee; create .... HB 942 Food service; redefine establishment; exempt certain outdoor activities, functions, and events........................................................................... SB 84 Funk Heritage Center; designate official state museum of southeastern Indian art and history...................................................................... HB 287 Georgia Environmental Training and Education Authority; create....................... HB 375 Georgia Regional Transportation Authority; long-range plans; provisions .......... HB 334 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 Higher Education Savings Plan; enact .................................................................. HB 417 Housing and finance authority; retailing and signage; authorized purposes ......... HB 317 Individual development accounts; comprehensive regulation............................... HB 397
Refer to numerical index for page numbers

4010

INDEX

Inmates; job training by Georgia Correctional Industries; urge governmental support .......................................................................................... HR 261
License plates on government vehicles; change appearance................................. HB 222 License plates on government vehicles; change appearance................................. HB 239 Lobbying; state government; prohibit use of certain public funds........................ HB 12 Mass transit; advertising; limitation on prohibitions............................................. HB 708 Metropolitan area planning and development commissions; increase
dues of participating counties.............................................................................. SB 67 Minority business enterprise; redefine "minority"................................................. HB 225 Minority business enterprise; redefine "minority"................................................. HB 738 Natural gas marketers; pricing, billing, meter reading; emergency directives; customer disputes; assist low-income persons................................... SB 217 Open meetings; provisions; include certain county boards ................................... HB 137 Open records; emergency "911" calls; redact certain information........................ HB 696 Open records; exempt certain data from motor vehicle accident reports .............. HB 628 Open records; exempt certain photographs of dead bodies................................... HB 631 Open records; exempt certain 911 communications.............................................. HB 338 Personal purchases through Georgia Technology Authority;
prohibition; exemption ........................................................................................ HB 725 Property; certain loss of value; compensation ....................................................... HB 661 Public geographic information systems; electronic records; contracts
to sell services and products ................................................................................ SB 230 Public money; use by religious organizations; certain social services - CA ......... HR 131 Public officers and employees; conflicts of interest; certain business
with government .................................................................................................. HB 933 Public records; certain disclosure; exempt teachers and public
school employees................................................................................................. HB 65 Public records; certain information; exempt teachers and
public school employees...................................................................................... HB 66 Public records; disclosure; exempt certain ridesharing programs ......................... HB 393 Public records disclosure; non-disclosure of specific personal information ......... SB 205 Public records; exempt certain information; teachers and school employees ....... HB 73 Revenue, Department of; change provisions......................................................... HB 62 Right of privacy; prohibit governmental intrusion - CA ....................................... HR 464 State agencies; decentralization; reduction in Atlanta Metro Area employees ..... HB 35 State agencies; employee incentive award programs; incentive
compensation pay ................................................................................................ SB 161 State agencies; rejected applications for law enforcement positions;
written notification .............................................................................................. HB 72 State auditor; compensation................................................................................... HB 298 State authorities, advisory boards, councils, commissions, and
committees; abolishment of certain entities ........................................................ SB 196
Refer to numerical index for page numbers

INDEX

4011

State buildings; construction; minimize tree destruction ...................................... HB 196 State departments; performance audits and budget reports ................................... HB 91 State departments; reports to standing committees of General Assembly ............ HB 86 State development activity; save specimen trees or replace with hardwoods ....... HB 279 State employees; state stationery and postage; urge supervisors warn
against use for unofficial purposes ...................................................................... HR 465 State Financing and Investment Commission; capital outlay; grant
administration; income earned on certain appropriations.................................... HB 695 State flag; certain funerals; Secretary of State provide ......................................... HB 767 State flag; change design; agencies required to display; description
of seal; protection of monuments and memorials................................................ HB 16 State printing and access; urge Department of Aministrative
Services and Georgia Technology Authority; electronic directory ..................... HR 338 State printing; repeal Georgia Government Documents Act................................. SB 114 State purchasing; contracts awarded by sealed bidding; reverse
auctions; electronic bids; on competitive dollar limits........................................ SB 111 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 State Sovereignty and Federal Tax Funds Act; enact............................................ HB 6 The Mighty Eighth Air Force Heritage Museum; designate official
center for character education ............................................................................. HB 633 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Water and wastewater; regional sources; development......................................... HB 464 Water pollution control; loans from EPA funds.................................................... HB 71 Wines; domestic farm wineries; licensing and sale of wines; designate
Georgia Wine Highway ....................................................................................... SB 155
STATE LEGISLATURES, NATIONAL CONFERENCE OF; commend......... HR 100
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATESBORO, CITY OF Downtown development authority; amend provisions .......................................... HB 924
STEFAN, SABRINA D.; invite to House................................................................ HR 170
STEPHENS COUNTY; board of commisssioners; qualifications.......................... HB 702
STEVENS, JENCY ALPHA; congratulate ............................................................ HR 601
Refer to numerical index for page numbers

4012

INDEX

STEVERSON, ROBERT; commend ...................................................................... HR 733
STEWART, BOB; commend................................................................................... HR 525
STEWART, JOE; commend ................................................................................... HR 526
STEWART, TAMIKO LASHANDA; commend .................................................. HR 151
STOCKBRIDGE, JOHN MCLEOD; condolences ............................................... HR 642
STOCKS, TROOPER FIRST CLASS LISA A.; invite to House ........................ HR 172
STONE, NATALIE MCCREA; commend ............................................................ HR 336
STONER, WILLIAM DOUGLAS; commend....................................................... HR 764
STRATFORD ACADEMY EAGLES FOOTBALL TEAM; commend ............. HR 476
STRICKLAND, CHARLES AND SUE; commend............................................... HR 299
STROKE AWARENESS MONTH; designate month of May .............................. HR 183
SUGAR HILL, CITY OF Advisory referendum election on dissolving city charter...................................... SB 306
SUMNER, JULIE RIVERS; commend.................................................................. HR 781
SUMNER, WALTER EDWIN "ED"; condolences.............................................. HR 68
SUMTER COUNTY Board of elections and registration; create ............................................................ HB 786 Convey property .................................................................................................... HR 139 Livestock authority; membership .......................................................................... HB 882
SUPERIOR COURTS Ad valorem tax assessments; appeals to superior court; amend provisions .......... HB 431 Certain judges; election CA................................................................................ HR 255 Child fatality investigations and review; procedures; redefine child abuse; reporting; panels and committees.................................................... SB 60 County boards of equalization; appeals to superior court; repeal certain right ..... HB 459 County officers; minimum salaries; statutes; census effective date for certain purposes...................................................................................... HB 302 Court proceedings; request certain elected judges to conduct............................... HB 218
Refer to numerical index for page numbers

INDEX

4013

Courts; criminal case data; electronic transmission .............................................. HB 948 Courts; election of justices and judges .................................................................. HB 523 Elections, primaries, and voting; comprehensive revisions; uniform
equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Employees' Retirement; certain prior legal service; credit ................................... HB 666 Family violence; repeat offenders; setting of bail ................................................. SB 36 Habeas corpus procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .......................................... SB 206 Judges; election ..................................................................................................... HB 522 Judicial circuits; certain law assistants; compensation.......................................... HB 717 Judicial election campaigns; certain activities; prohibit discipline - CA .............. HR 256 Landlord and tenant; dispossessory proceedings; defenses and counterclaims; timeframes; appeals..................................................................... SB 46 Pleadings subsequent to original complaint; service of judgments; waiver; notification ............................................................................................. HB 569 Superior court clerks; additional duties; compensation......................................... HB 128 Superior court clerks; bonds; juvenile court clerks; provisions ............................ HB 692 Superior court clerks; council; Technology Improvement Fund........................... HB 687 Superior court clerks; documents and instruments; rules and responsibilities...... HB 693 Superior court clerks; duties; digitally formated records; electronic collection and transmission; back-up records; microfilm records....................... SB 50 Superior court clerks; financing statements; filing fees ........................................ HB 802 Superior courts; certain fees; clerks' cooperative authority .................................. HB 354 Victims of stalking or sexual assault; prosecution, protection orders; no court fees, costs assessed................................................................................ SB 94
SUPREME COURT Candler, Honorable T. S.; urge display of portrait; Union County Courthouse.... HR 258 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 John Marshall Law School; support certain motion before Supreme Court ......... HR 599 John Marshall Law School; urge Supreme Court vacate certain order ................. HR 593 Joint session; Governor's message; invite justices and appellate judges .............. HR 7 Joint session; Governor's message; invite justices and appellate judges .............. HR 176 Joint session; message from Chief Justice of Supreme Court............................... HR 8 Judicial election campaigns; certain activities; prohibit discipline - CA .............. HR 256 Justices; election.................................................................................................... HB 523 Justices; election CA .......................................................................................... HR 255
SWAINSBORO TIGERS HIGH SCHOOL FOOTBALL TEAM AND COACHES; invite to House ....................................................................... HR 184
SWYMER, PATTI; commend ................................................................................ HR 751
Refer to numerical index for page numbers

4014

INDEX

SYLVESTER, CITY OF; city manager; mayor and council .................................. HB 925
T
TALBOT COUNTY Board of commissioners; compensation................................................................ HB 846 Grant easement ...................................................................................................... SR 35
TALLAPOOSA JUDICIAL CIRCUIT; juvenile court judge; compensation ...... HB 854
TANNER, RUSSELL; commend............................................................................ HR 332
TATE, DR. BENNY; commend .............................................................................. HR 468
TATE, NATE; commend ......................................................................................... HR 118
TAX EXECUTIONS AND JUDICIAL SALES Bankruptcy and certain insolvent estates; exemptions .......................................... HB 373 Forfeited property; distribution; land bank authorities.......................................... HB 783 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Judicial sales; real property descriptions; advertisements ..................................... HB 31 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162 Property sale for taxes; premium for redemption .................................................. HB 520 Tax executions; certain posted notices; prohibition .............................................. HB 546 Tax executions; change provisions; issuance ........................................................ HB 59 Tax sales; change provisions under tax levies and executions.............................. HB 58 Tax sales; excess funds; payment.......................................................................... HB 337
TAXATION AND REVENUE Ad valorem tax appeals; taxpayer representation.................................................. HB 418 Ad valorem tax assessments; appeals to superior court; amend provisions .......... HB 431 Ad valorem tax; certain dockside facilities; separate class of property - CA........ HR 364 Ad valorem tax; certain inventory; exemption ...................................................... HB 214 Ad valorem tax; commercial fishing vessels; separate class of property - CA ..... HR 363 Ad valorem tax; exempt certain equipment; family owned farm products producer ................................................................................................ HB 37 Ad valorem tax; exempt nonprofit homes for aged............................................... HB 821 Ad valorem tax; exempt passenger motor vehicles ............................................... HB 429 Ad valorem tax; fair market value; income tax credits; low-income housing....... HB 509
Refer to numerical index for page numbers

INDEX

4015

Ad valorem tax; freeport; include business inventory of taxpayer........................ HB 707 Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions.......... HB 974 Ad valorem tax; heavy-duty equipment motor vehicles; rentals ........................... HB 364 Ad valorem tax; homestead exemption; amount of state levy............................... HB 213 Ad valorem tax; homestead exemption; certain residents ..................................... HB 299 Ad valorem tax; millage rate; public hearing ........................................................ HB 598 Ad valorem tax; mobile homes; amend provisions ............................................... HB 262 Ad valorem tax; personal property exemption; increase amount;
state-wide referendum election November, 2002................................................ SB 150 Ad valorem tax; preferential assessments; nonresidents ....................................... HB 911 Ad valorem tax; property appraisal; acquisition date value - CA ......................... HR 1 Ad valorem tax; redefine current use value, fair market value, freeport............... HB 57 Ad valorem tax; state levy; fund additional appraisers - CA ................................ HR 257 Alternative income tax credits; port traffic increases............................................ HB 609 Back to School Tax Holiday Act; enact ................................................................ HB 426 Bonds; registration; name of purchaser................................................................. HB 542 Business and occupation taxes; excessive regulatory fees; remedies.................... HB 878 Cigar and cigarette tax; definitions........................................................................ HB 52 Coin operated amusement machines; definitions .................................................. HB 49 Coin operated amusement machines; gambling offenses; arcade
permits; licenses; local regulations...................................................................... SB 204 Corporate income tax; apportionment formulas; comprehensive revision............ HB 485 County boards of equalization; appeals to superior court ..................................... HB 506 County boards of equalization; appeals to superior court ..................................... HB 511 County boards of equalization; appeals to superior court; repeal certain right ..... HB 459 County boards of equalization; appeals to superior court; repeal certain right ..... HB 503 County boards of equalization; members; qualifications ...................................... HB 456 County boards of tax assessors; length of appointments....................................... HB 843 County officers; minimum salaries; statutes; census effective date
for certain purposes ............................................................................................. HB 302 Driver education; public school courses; tax credit .............................................. HB 539 Electronic Commerce Home Delivery Act of 2001; retail sale and
delivery; regulated products; requirements ......................................................... SB 208 Estate tax; definition of filing date ........................................................................ HB 51 Estate tax; eliminate............................................................................................... HB 463 Excise tax; levy on airport parking facilities ......................................................... HB 251 Excise tax; repeal................................................................................................... HB 402 Forfeited property; distribution; land bank authorities.......................................... HB 783 Gateway Regional Information Center, Inc. Act; privatization of
public rest stops; Cobb County............................................................................ SB 305 Higher Education Savings Plan; enact .................................................................. HB 417 Higher education savings plans; contributions; income tax exclusions ................ HB 946 Homeowner tax relief grants; annual appropriation .............................................. HB 494
Refer to numerical index for page numbers

4016

INDEX

Homestead exemption; certain assessed value difference..................................... HB 347 Homestead exemption; certain assessed value difference..................................... HB 408 Homestead exemption; married person not living with spouse............................. HB 331 Homestead option sales tax; distribution of proceeds ........................................... HB 553 Homestead option sales tax; proceeds; certain municipal projects ....................... HB 777 Hotel and motel tax; amend definition .................................................................. HB 50 Hotel and motel tax; counties and municipalities; amend provisions ................... HB 780 Hotel and motel tax; maximum time of imposition............................................... HB 321 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Income tax; adjust tables for inflation from 1971 ................................................. HB 19 Income tax; capital gains ....................................................................................... HB 596 Income tax; certain military service exemption..................................................... HB 165 Income tax; certain military service exemption..................................................... HB 238 Income tax; change certain tax tables.................................................................... HB 104 Income tax; change computation tables................................................................. HB 22 Income tax; change definitions.............................................................................. HB 55 Income tax credit; certain charitable donations..................................................... HB 589 Income tax credit; certain private driver education expenses................................ HB 452 Income tax credit; certain students ineligible for PROMISE
teacher's scholarship ........................................................................................... HB 573 Income tax credit; child care expenses .................................................................. HB 281 Income tax credit; child care expenses .................................................................. HB 682 Income tax credit; corporation assign to affiliated corporation............................. HB 611 Income tax; credit for low-emission vehicles and zero emission vehicles............ HB 261 Income tax credit; property donations; greenspace ............................................... HB 229 Income tax credit; qualified child care expenses................................................... HB 649 Income tax credit; qualified Georgia resident ....................................................... HB 496 Income tax credits; certain businesses in border counties..................................... HB 709 Income tax credits; certain enterprises; additional designated areas..................... HB 490 Income tax credits; low-income housing............................................................... HB 572 Income tax credits; qualified business expansion; employee
transportation benefits; tax deduction; minority subcontractors ......................... HB 607 Income tax credits; qualified low-income buildings; amend provisions............... HB 460 Income tax credits; qualified personal mass transportation expenses ................... HB 900 Income tax credit; taxpayer mentoring services .................................................... HB 505 Income tax credit; tutoring or summer school; maximum..................................... HB 493 Income tax; Earned Income Credit; low-income tax credit................................... HB 236 Income tax; Earned Income Credit; repeal low-income tax credit ........................ HB 123 Income tax; exclusion; qualified education related expenses................................ HB 588 Income tax; gradual reduction ............................................................................... HB 215 Income tax; gradual reduction and abolishment.................................................... HB 3 Income tax; health insurance premium; exemption............................................... HB 186 Income tax; married and single persons; equalize treatment................................. HB 18
Refer to numerical index for page numbers

INDEX

4017

Income tax; reduce rates; certain taxpayers........................................................... HB 958 Income tax; rehabilitation of historic structures; limitations................................. HB 118 Income tax; repeal and eliminate........................................................................... HB 314 Income tax; retirement income; exempt certain persons ....................................... HB 257 Income tax; retirement income; increase exclusion .............................................. HB 179 Income tax; state witholding requirements; eliminate........................................... HB 10 Income tax tables; net income brackets; change certain provisions...................... HB 624 Income tax tables; net income brackets; change certain provisions...................... HB 804 Income tax; taxable net income; capital gains....................................................... HB 812 Income tax; taxable net; exclude capital gains ...................................................... HB 4 Income tax; taxable net; exclude retirement income ............................................. HB 5 Income tax; telecommuting credit ......................................................................... HB 167 Individual development accounts; comprehensive regulation............................... HB 397 Insurance companies; income tax credit; college student employees ................... HB 403 Intangible tax; real estate transfer tax; change provision ...................................... HB 56 License plates and fees; change definitions........................................................... HB 63 License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250 Mobile home decal; failure to display; prosecution .............................................. HB 134 Motor fuel tax; definitions..................................................................................... HB 53 Motor vehicle rentals; excise tax ........................................................................... HB 48 Motor vehicles; registration, licensing, titling; amend provisions ........................ HB 253 Municipal taxes; collection by county tax commissioner; amend provisions ...... HB 944 Property sale for taxes; premium for redemption .................................................. HB 520 Property valuations; repeal certain prohibitions.................................................... HB 243 Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............................................................ SB 162 Real estate transfer tax; exempt certain instruments and writings ........................ HB 699 Revenue and Taxation Code; conform to federal law ........................................... HB 61 Revenue and Taxation Code; technical corrections; clarifications ....................... HB 582 Revenue, Department of; change provisions......................................................... HB 62 Sales tax; certain fuel used in dairy production; exemption.................................. HB 278 Sales tax credit; railroad companies; fuel purchases............................................. HB 928 Sales tax; dealer compensation; increase deduction.............................................. HB 590 Sales tax; definition of sales price ......................................................................... HB 46 Sales tax; definitions.............................................................................................. HB 54 Sales tax; electricity for irrigation; exemption ...................................................... HB 185 Sales tax; eligible food and beverages; change exemption ................................... HB 566 Sales tax; exempt certain clothing and equipment; limited time........................... HB 886 Sales tax; exempt certain clothing and equipment; limited time........................... HB 887 Sales tax; exempt certain clothing, supplies, computer
equipment; school purposes................................................................................. HB 15 Sales tax; exempt certain clothing, wallets, and bags; limited time ...................... HB 439 Sales tax; exempt certain clothing, wallets, and bags; limited time ...................... HB 440
Refer to numerical index for page numbers

4018

INDEX

Sales tax; exempt certain clothing, wallets, and bags; limited time period........... HB 1 Sales tax; exempt certain digital broadcast equipment.......................................... HB 29 Sales tax; exempt certain digital broadcast equipment.......................................... HB 502 Sales tax; exempt certain food or beverages in capsule or tablet form ................. HB 7 Sales tax; exempt certain fuel; aquaculture business ............................................ HB 350 Sales tax; exempt certain fuel; tobacco production............................................... HB 132 Sales tax; exempt certain nonprofit neighborhood associations............................ HB 827 Sales tax; exempt certain sales by Salvation Army ............................................... HB 131 Sales tax; exempt certain sales to churches ........................................................... HB 290 Sales tax; exempt certain sales; service provision to mentally retarded................ HB 135 Sales tax; exempt certain vending machine items ................................................. HB 344 Sales tax; exempt film production and digital broadcast equipment..................... HB 610 Sales tax; exempt fuels; certain swine production ................................................ HB 90 Sales tax exemption; packaging materials; amend provisions .............................. HB 722 Sales tax; exempt pollution control chemicals ...................................................... HB 943 Sales tax; exempt postsecondary textbooks........................................................... HB 483 Sales tax; exempt required textbooks; postsecondary schools .............................. HB 67 Sales tax; exempt residential natural gas............................................................... HB 336 Sales tax; exempt residential natural gas............................................................... HB 424 Sales tax; exempt residential natural gas and liquefied petroleum gas ................. HB 425 Sales tax; exempt residential propane and natural gas .......................................... HB 437 Sales tax; exempt residential propane and natural gas .......................................... HB 500 Sales tax; exempt sales by Campfire Boys and Girls, Inc. .................................... HB 472 Sales tax; exempt sales by certain humane societies ............................................. HB 501 Sales tax; exempt sales by certain nonprofit humane societies for animals .......... HB 390 Sales tax; exempt sales by or to certain religious entities ..................................... HB 575 Sales tax; exempt sales of natural gas ................................................................... HB 145 Sales tax; exempt sales to nonprofit organizations serving the
mentally retarded ................................................................................................. HB 558 Sales tax; special county or joint municipal and county tax; amend ..................... HB 376 Sales tax; vending machines; exempt food and beverages.................................... HB 216 Special county 1 percent sales tax; change purposes ............................................ HB 584 Special county 1 percent sales tax; disbursement; requirements........................... HB 806 State Public Transportation Fund; limitations; expenditures
and use of proceeds ............................................................................................. HB 803 Tax commissioners and employees; certain counties; mandatory training ........... HB 142 Tax defaulter; ineligible to hold public office - CA .............................................. HR 126 Tax executions; certain posted notices; prohibition .............................................. HB 546 Tax executions; change provisions; issuance ........................................................ HB 59 Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law - CA............................................. HR 344 Tax liability relief; General Assembly provide by general law - CA .................... HR 265
Refer to numerical index for page numbers

INDEX

4019

Tax relief proposed by President Bush; urge congressional delegation support ............................................................................................... HR 412
Tax sales; change provisions under tax levies and executions.............................. HB 58 Tax sales; excess funds; payment.......................................................................... HB 337 Taxation; change definitions ................................................................................. HB 60 Tobacco products; prohibit sales in vending machines ......................................... HB 581 Unidentifiable sales tax; distribution of proceeds ................................................. HB 555 Unpaid taxes; certain elderly and lower income taxpayers; waive interest........... HB 547
TAYLOR COUNTY HIGH SCHOOL BASKETBALL TEAM Invite coaches and team to House ......................................................................... HR 616
TAYLOR, ANGELO; invite to House.................................................................... HR 269
TAYLOR, BRIAN; commend ................................................................................. HR 702
TEACHERS (Also, see Education) Education accountability; certain actions by local boards; enhanced annual report........................................................................................ HB 473 Education; bill of rights for teachers; enact........................................................... HB 818 Education; certificated personnel; evaluation ....................................................... HB 841 Employees' Retirement and Teachers Retirement systems; urge separate management of administration and assets ..................................... HR 562 Employees' Retirement; transfers to Teachers Retirement; unused sick leave..... HB 600 House Study Committee on Exempting Educators from the State Income Tax; create ..................................................................................... HR 456 Income tax credit; certain students ineligible for Promise teacher's scholarship ........................................................................................... HB 573 Public records; certain disclosure; exempt teachers and public school employees...................................................................................... HB 65 Public records; exempt certain information; teachers and school employees ....... HB 66 Public records; exempt certain information; teachers and school employees ....... HB 73 Public school employees; first salary payment of school year .............................. SB 274 Retirement; additional benefit; over 30 years' service.......................................... HB 934 Retirement; certain accrued sick leave; creditable service.................................... HB 604 Retirement; certain blackboard teachers; additional benefit ................................. HB 602 Retirement; certain Department of Labor service; credit ...................................... HB 950 Retirement; certain postretirement benefit ............................................................ HB 822 Retirement; creditable service for certain absences .............................................. HB 603 Retirement; creditable service for unused sick leave ............................................ HB 599 Retirement; creditable service; certain library employment.................................. HB 449 Retirement; creditable service; certain private schools ......................................... HB 488 Retirement; creditable service; early childhood development service .................. HB 765
Refer to numerical index for page numbers

4020

INDEX

Retirement; early retirement; eliminate penalty .................................................... HB 211 Retirement; early retirement; reduce penalty......................................................... HB 209 Retirement; early retirement; reduce penalty......................................................... HB 467 Retirement; eligibility; 5 years' service................................................................. HB 929 Retirement; postretirement benefit increase .......................................................... HB 644 Retirement; public school employees; certain membership .................................. HB 902 Retirement; redefine creditable service ................................................................. HB 560 Retirement; return to service; certain teachers ...................................................... HB 217 Retirement; return to service; elementary and secondary teachers........................ HB 210 Retirement; return to service; maintain benefits.................................................... HB 508 Retirement; service at low-performing school; credit ........................................... HB 817 Retirement; service retirement; 29 years ............................................................... HB 468 Retirement; 25 years' service; obtain additional three years................................. HB 955 Retirement; 29 years of creditable service ............................................................ HB 740 School counselors with national certification; increase state salary...................... SB 226 Student disciplinary procedures, penalties; acts of physical violence, unruly behavior on school bus; reward reporting weapons on school property ................................................................................ SB 291 Teacher salaries; supplement; certain private funds - CA..................................... HR 225 Teachers and public school employees; sick leave; absence due to certain injury on duty........................................................................................... HB 164 Teachers and public school employees; state employees' health insurance plan; monthly premiums...................................................................... HB 491
TEDESCO, DR. FRANCIS J.; invite to House...................................................... HR 35
TELEPHONE AND TELEGRAPH SERVICE Obstructing placement of emergency phone calls; define offense ........................ HB 422 Physical or verbal harassment, abusive language or obstruction of a public safety communications officer prohibited ......................................... SB 133 Telecommunications and cable services; civil damages for theft; public pay telephones; Public Service Commission regulate .............................. HB 521 Uniform rules of the road; cell phone usage while operating vehicle; requirements........................................................................................... HB 335
TELEVISION Certain digital broadcast equipment; sales tax exemption .................................... HB 29 Film production and digital broadcast equipment; sales tax exemption ............... HB 610 Search warrants; application by video conference ................................................ HB 292
TEMPLETON TOURS, INC.; commend .............................................................. HR 497
TERRELL COUNTY; convey property ................................................................. HR 139
Refer to numerical index for page numbers

INDEX

4021

THAMES, JOSEPH FRANK; commend............................................................... HR 282
THARPE, LARRY; invite to House ....................................................................... HR 214
THE BICYCLE LINK; commend .......................................................................... HR 292
THE MIGHTY EIGHTH AIR FORCE HERITAGE MUSEUM Recognize for its role in character education ........................................................ HR 746
THEFT Grave markers, monuments, or memorials honoring military service; penalties for theft or defacing, mutilating, or defiling ........................................ SB 207 Telecommunications and cable services; civil damages for theft; public pay telephones; Public Service Commission regulate ......................................... HB 521
THOMAS COUNTY Emergency services board; amend provisions....................................................... HB 680 Probate court judge; nonpartisan ........................................................................... HB 715
THOMAS, DENZIL; commend .............................................................................. HR 421
THOMASVILLE, CITY OF South Georgia Governmental Services Authority; create ..................................... HB 879
THORNTON, COURTNEY; commend................................................................. HR 77
THORNTON, STEVEN; commend........................................................................ HR 524
THORNTON, WILLIAM ROY, SR.; commend................................................... HR 386
THUNDERBOLT, CITY OF Homestead exemption; eligibility without application.......................................... HB 870
TIFT COUNTY; grant easement ............................................................................. SR 35
TILLMAN, DEBBIE; commend............................................................................. HR 112
TOBACCO AND TOBACCO RELATED PRODUCTS Cigar and cigarette tax; definitions........................................................................ HB 52 Cigarettes or tobacco; purchase by minors; driver's license suspension............... HB 667 Electronic Commerce Home Delivery Act of 2001; regulate retail sale and delivery of regulated products to consumers................................ SB 208
Refer to numerical index for page numbers

4022

INDEX

Income tax; abolish; conform certain OCGA references ...................................... HB 938 Litter; redefine; include cigarette butts.................................................................. HB 237 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293 Sales in vending machines; prohibit...................................................................... HB 581 Smoking in health care institutions; prohibit......................................................... HB 545 Tobacco Community Development Board; assign to Office of
Planning and Budget............................................................................................ HB 578
TOCCOA, CITY OF; commission members; qualifications.................................. HB 704
TODD, JAY; commend............................................................................................ HR 730
TONY'S GANG FOUNDATION, INC.; commend .............................................. HR 570
TOOMBS COUNTY; grant easement..................................................................... SR 35
TORTS Alienation of affections; define; damages............................................................. HB 394 Certain medical training programs; immunity....................................................... HB 954 Emergency care or treatment; lay rescuers; regulate use of CPR and defibrillators; tort immunity. ............................................................................... SB 51 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210 Negligent or improper polygraph examinations; delete certain reference............. HB 109
TOURISTS Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create.................................................. HB 190 House Tourism Study Committee; create.............................................................. HR 514
TOWNS COUNTY; board of elections; provisions ................................................ HB 795
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRAINER, DR. JOHN E., JR.; commend ............................................................. HR 634
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Abandonment of public roads; utility systems; removal of lines .......................... HB 913
Refer to numerical index for page numbers

INDEX

4023

Contracts; bond provisions; public works ............................................................. HB 513 Developmental highway system; change description............................................ HB 412 Developmental highway system; road corridors; change description;
restrict naming or renaming roads, bridges, interchanges ................................... SB 40 Highways; high occupancy vehicle lanes; purchasing use .................................... HB 34 Interstate rest areas; display POW-MIA flag and plaque ...................................... HB 294 License plates and fees; redesignate certain provisions in Title 48 to Title 40..... HB 250 License plates; special wildflower plates; Roadside Enhancement and
Beautification Fund; antique vehicles; historical Georgia license plate ............. SB 97 Outdoor advertising; prohibit certain signs ........................................................... HB 247 Outdoor advertising signs; interstate highway locations;
multiple message signs ........................................................................................ SB 59 Public roads and bridges; naming or renaming; prohibition ................................. HB 568 Public works contracts; bonds of successful bidders ............................................ SB 180 Railroad crossings; obstructions or repairs; change provisions ............................ HB 162 Signs along public roads; change penalty provisions............................................ HB 964 State Board; call for election of member from Eighth Congressional District .....Page 35 State Board; call for election of member from Fourth Congressional District .....Page 47 State Board; call for election of member from Seventh
Congressional District .........................................................................................Page 44 State Board; election; Honorable Brad Hubbert; Fourth
Congressional District .......................................................................................Page 173 State Board; election; Honorable Harry D. Dixon; Eighth
Congressional District .........................................................................................Page 40 State Board; election; Honorable H. Boyd Pettit, III; Seventh
Congressional District .........................................................................................Page 45 State Public Transportation Fund; limitations; expenditures
and use of proceeds ............................................................................................. HB 803 State Road and Tollway Authority; new name, powers, operations;
mass transit, road projects; revenues ................................................................... SB 134 Vehicles and loads; unginned cotton; securing loads............................................ HB 960 Wines; domestic farm wineries; licensing and sale of wines;
designate Georgia Wine Highway....................................................................... SB 155
TRESPASSING Certain sexual offenders; school safety zones....................................................... HB 407 Damage to property; graffiti materials; possession or sale.................................... HB 729 Damage to property; possession of certain tools; define offense .......................... HB 567 Defense of self or habitation when forcible entry occurs; justification in use of force.................................................................................. SB 160
TRIALS Civil cases; default judgment; waiver of jury trial ................................................ HB 741
Refer to numerical index for page numbers

4024

INDEX

Extraordinary motion for new trial; certain child support cases; new evidence ... HB 586 New trials; extraordinary motions; paternity......................................................... HB 369
TRICKUM MIDDLE SCHOOL ACADEMIC BOWL TEAM AND COACHES; invite to House ....................................................................... HR 408
TRISHA YEARWOOD PARKWAY; designate................................................... SR 453
TROUP COUNTY HIGH SCHOOL WRESTLING TEAM; commend ............ HR 681
TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Coastal Georgia Beach Renourishment Trust Fund; create - CA.......................... HR 25 Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects ............................................................ HB 470 Land, Water, Wildlife, and Recreation Heritage Fund; create - CA ..................... HR 14 Property and trusts; rule against perpetuities; optional exceptions ....................... HB 663 Subsequent Injury Trust Fund; payment of assessments ....................................... HB 114 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA.... HR 646
TURIN, TOWN OF; amend provisions .................................................................. HB 556
TURNER COUNTY; coroner and deputy; compensation ...................................... HB 920
TURNER, SETH; commend ................................................................................... HR 51
TUTTLE, SKIP; commend ..................................................................................... HR 695
TYBEE ISLAND, CITY OF Homestead exemption; eligibility without application.......................................... HB 865
TYRONE BROOKS FREEDOM HIGHWAY; designate ................................... HR 393
U
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Aggressive driving; define offense........................................................................ HB 671 Causing death or injury; losing control of vehicle; medication............................. HB 763 Refer to numerical index for page numbers

INDEX

4025

Cell phone usage while operating vehicle; requirements ...................................... HB 335 Drivers' licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain
offenses, related restrictions ................................................................................ SB 1 Driving under the influence; certain convictions; display sign
on rear windshield ............................................................................................... HB 423 Driving under the influence; four or more violations within five years; felony.... HB 430 Driving under the influence; fourth violation; felony ........................................... HB 325 Driving under the influence; homicide by vehicle; life imprisonment or death.... HB 44 Enforcement; standard fines for speeding; traffic control devices........................ HB 678 Funeral processions; redefine term; participating vehicle..................................... SB 279 Motorcycles; headgear violations; amend penalty provision ................................ HB 184 Motor vehicles; driving under the influence; teen restriction;
aggressive driving; amend provisions ................................................................. HB 385 Motor vehicles; leaving unattended child 6 years or younger in
vehicle; penalties ................................................................................................. SB 77 Motor vehicles; liability insurance; local governments; waiver of immunity....... HB 669 Motor vehicles; maximum speed limits; certain vehicles...................................... HB 959 One-way roadways at certain intersections; marking provisions .......................... HB 141 Radar; certain residential area ............................................................................... HB 454 Serious traffic offenses; increased penalties ......................................................... HB 371 Shopping centers and parking lots......................................................................... HB 531 Speed limits; school zones; 25 miles per hour or lower ........................................ HB 160 Trucks on multilane highways; designated usage lanes ........................................ HB 345 Vehicles and loads; unginned cotton; securing loads............................................ HB 960 Vehicular homicide or feticide while driving under the influence; penalty.......... HB 11
UNION COUNTY Board of elections; provisions ............................................................................... HB 798 Candler, Honorable T. S.; urge display of portrait; Union County Courthouse.... HR 258
UNION COUNTY ELEMENTARY SCHOOL; commend staff ......................... HR 731
UNION GENERAL HOSPITAL; administrator, board, and staff; commend....... HR 317
UNION POINT, CITY OF; mayor and council; vacancies................................... HB 378
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UTLEY, BRENT; commend ................................................................................... HR 498

Refer to numerical index for page numbers

4026

INDEX

V
VALDOSTA, CITY OF Valdosta-Lowndes County Habitat for Humanity and the City of Valdosta; commend......................................................................................... HR 632
VALENTINE, DONNA; commend......................................................................... HR 734
VANN, LAURA; commend ..................................................................................... HR 72
VERDICT AND JUDGMENT Civil cases; default judgment; waiver of jury trial ................................................ HB 741
VERNONBURG, CITY OF Homestead exemption; eligibility without application.......................................... HB 863
VETERANS AFFAIRS Disabled American Veterans Intersection; designate............................................ HR 280 Former American prisoners of war; recognize ...................................................... HR 189 Georgia's Vietnam veterans; recognize................................................................. HR 192 License plates; prestige tags; additional fees; exemption...................................... HB 432 License plates; special tags; retired military persons; Trout Unlimited ................ HB 183 Transportation, Department of; interstate rest areas; display POW-MIA flag and plaque ................................................................................. HB 294 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA.... HR 646 Veterans of World War II; high school diploma; eligibility.................................. HB 176 Wheeler, Pete and Jim Frederick; Commissioner and Assistant Commissioner of Veterans Service; invite to House........................................... HR 486
VETERINARIANS Veterinary medicine; substantial revision; State Board of; provisions ................. HB 719
VETOES; communications from Governor ............................................... Pages 36, 38, 43
VICKERS, CLAUDE L.; commend ....................................................................... HR 197
VICTIMS OF CRIME Driving under the influence; additional penalty; victim compensation; memorial marker ......................................................................... HB 747 Income tax; abolish; conform certain OCGA references ...................................... HB 938 Victim compensation; special license plates; child abuse prevention................... HB 792
Refer to numerical index for page numbers

INDEX

4027

VINSON, HONORABLE CARL; tribute .............................................................. HR 104
VIRGIL BLEDSOE HIGHWAY Designate ............................................................................................................... HR 372 Designate ............................................................................................................... SR 70 Designate ............................................................................................................... SR 248
VITAL RECORDS; certain birth certificates; amend provision............................. HB 664
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Commission on Work Force Security and Enhancement in the New Georgia Economy; create............................................................................ HR 484 Commission on Work Force Security and Enhancement in the New Georgia Economy; create............................................................................ SR 134 Driver education and instruction; requirements .................................................... HB 9 Education; certain non-graduates; assistance and training.................................... HB 801 Georgia Qualified State Tuition Program; enact ................................................... HB 14 Georgia Qualified State Tuition Program; enact ................................................... HB 83 Georgia Qualified State Tuition Program; enact ................................................... HB 458
VOLUNTEER BLOOD DONOR MONTH; recognize January, 2001................. HR 81
VON SPEED, ALEXANDER; commend ............................................................... HR 676
VOTING (Also, see Elections) Election reform; urge Congress recognize need and appropriate funding ............ HR 434 Elections; absentee voting; campaign activity restrictions.................................... HB 177 Elections; age of children in voting booths with parents ...................................... HB 23 Elections; certain driver's license or identification card; proof of voter registration ............................................................................................. HB 688 Elections; comprehensive revision of provisions .................................................. HB 479 Elections, primaries, and voting; comprehensive revisions; uniform equipment; tabulation of ballots; create 21st Century Voting Commission........ SB 213 Voter registration; driver's license location; proof ............................................... HB 713
W
WALDROP, BILL; commend................................................................................. HR 639
WALKER COUNTY; sheriff; vacancies ................................................................ HB 880
Refer to numerical index for page numbers

4028

INDEX

WALLACE, ANDREW; commend ........................................................................ HR 133
WALRAVEN, JOSEPH; commend........................................................................ HR 57
WALTER C. PERKINS HIGHWAY; designate................................................... HR 276
WALTER W. HARRISON HIGHWAY; designate.............................................. HR 145
WALTON COUNTY; homestead exemption ......................................................... HB 626
WALTON HIGH SCHOOL LADY RAIDERS VOLLEYBALL TEAM; commend .................................................................... HR 417
WARD, ANDREW; commend ................................................................................ HR 717
WARD, HENRY O.; condolences........................................................................... HR 62
WARE COUNTY; homestead exemption ............................................................... HB 694
WAREHOUSEMEN Agriculture; warehousing; annual license ............................................................. HB 645 Delivery of notices by overnight or commercial delivery service......................... SB 25 Pesticide and tobacco dealers; licenses; fees......................................................... HB 293
WARRANTS Search warrants; application by video conference ................................................ HB 292
WARREN, MAJOR WILLIE D., JR.; commend ................................................. HR 246
WASHINGTON COUNTY; convey property ........................................................ HR 88
WASTE MANAGEMENT Computer Equipment Disposal and Recycling Council; create ........................... HB 2 Environmental Protection Division; rules and regulations; risk assessment and cost benefit analysis ............................................................ HB 587 Joint Hazardous Sites Response Act Reauthorization Study Committee; create................................................................................................ HR 174 Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to protect public water supplies ............................................................................... SB 130 State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities.................................................. SB 196
Refer to numerical index for page numbers

INDEX

4029

WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Delivery of notices by overnight or commercial delivery service......................... SB 25 Environmental Protection Division; rules and regulations; risk assessment and cost benefit analysis ................................................................... HB 587 Flint River Drought Protection Act; ratify rules.................................................... HR 17 Georgia Environmental Training and Education Authority; create....................... HB 375 Groundwater use; prohibit injection of substances into aquifer............................ HB 88 House Agricultural Water Conservation Incentive Program Study Committee; create...................................................................................... HR 568 Joint Comprehensive Water Plan Study Committee and Water Plan Advisory Committee; create................................................................................ SR 142 Joint Study Commission on Water Management; create....................................... HR 263 Local water authorities; environmental projects; voluntary contribution program ........................................................................................... HB 206 Marshlands; prohibit bridges and causeways; exception ...................................... HB 300 Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to protect public water supplies ............................................................................... SB 130 Parking lot permitting; Board of Natural Resources regulate ............................... HB 150 Sales tax; exempt pollution control chemicals ...................................................... HB 943 State authorities, advisory boards, councils, commissions, and committees; abolishment of certain entities ........................................................ SB 196 Storm-water runoff by county or municipality; monitor discharge ....................... HB 149 Surface water permits; certain excessive withdrawals .......................................... HB 351 Turfgrass and environmental horticulture; urge governmental agencies ensure adequate water supplies ........................................................................... HR 564 Water permeable surfaces; roads, sidewalks, parking lots; requirement............... HB 650 Waters of state; discharge of pollutants; fines....................................................... HB 147 Water well drilling and construction; contractors; pump installers; licenses; regulations; State Standards Advisory Council membership................ SB 139 Water well drilling equipment; urge Congress reclassify...................................... HR 209 Water withdrawal permits; interbasin transfer; prohibit........................................ HB 858
WATERS, PORTS, AND WATERCRAFT Agricultural Producers Water Conservation Incentive Program for Non-point Source Pollution Control.................................................................... SB 95 Coastal Georgia Beach Renourishment Trust Fund; create - CA.......................... HR 25 Coastal Marshlands Protection Act; coastal hammocks; alterations ..................... HB 406 Coastal Marshlands Protection Act; coastal hammocks; permits.......................... HB 405 Flint River Drought Protection Act; ratify rules.................................................... HR 17
Refer to numerical index for page numbers

4030

INDEX

Georgia Water Bill of Rights; proclaim ................................................................ HR 28 Joint Comprehensive Water Plan Study Committee and Water Plan
Advisory Committee; create ................................................................................ SR 142 Joint Study Commission on Water Management; create....................................... HR 263 Marine dealers; termination of franchise agreement; disposition of inventory..... SB 188 Metropolitan North Georgia Water Planning District Act; comprehensive
regional and watershed-specific plans to protect public water supplies.............. SB 130 Parking lot permitting; Board of Natural Resources regulate ............................... HB 150 Watercraft; certain discharge in state waters; prohibit .......................................... HB 148 Watercraft; lifesaving devices exemption; canoes, kayaks;
suspended operating privileges............................................................................ SB 48 Watercraft; registration, operation, sale; minimum age ........................................ HB 507 Waters of state; discharge of pollutants; fines....................................................... HB 147 Water well drilling equipment; urge Congress reclassify...................................... HR 209
WATKINS, ALFRED; commend ........................................................................... HR 675
WATKINS, ELIZABETH; commend .................................................................... HR 358
WATKINS, THEODORE (TED); commend......................................................... HR 778
WATSON, HONORABLE STAN; communications................................. Pages 174, 175
WATTS, CAROL; commend .................................................................................. HR 355
WAUKA MOUNTAIN ELEMENTARY; commend............................................ HR 234
WAYNE COUNTY Homestead exemption ........................................................................................... HB 447 Homestead exemption; certain residents ............................................................... HB 620 State court; judge and solicitor; change salary ...................................................... SB 301
WAYNE COUNTY DEPARTMENT OF RECREATION Boys Breast Stroke Swimming Team; commend.................................................. HR 250 Boys Under 12 Soccer Team; commend ............................................................... HR 248 Junior Boys Basketball Team; commend .............................................................. HR 249 Junior Girls Softball Team; commend .................................................................. HR 245 Mite Girls Softball Team; commend..................................................................... HR 242 Senior Boys Baseball Team; commend................................................................. HR 236
WEAPONS Crimes and offenses; possession of certain firearms and body armor; penalties .......................................................................................... HB 208
Refer to numerical index for page numbers

INDEX

4031

Firearms; eliminate victim disarmament zones ..................................................... HB 304 Firearms; possession by certain felons and probationers; penalty......................... HB 499 Game and Fish Code; amend................................................................................. HB 171 Game and Fish Code; hunting, trapping, fishing, wildlife, weapons,
licenses, minors, nonresidents, use of funds; amend provisions ......................... SB 83 Hunting and fishing; regulation by Department of Natural
Resources; prohibit local ordinances................................................................... HB 301 Hunting; primitive weapons hunts; firearm exception; certain persons ................ HB 266 Pistols and revolvers; licenses; definition of convicted ........................................ HB 533 Student disciplinary procedures and penalties; acts of physical violence; unruly behavior on school bus; reward reporting
weapons on school property ................................................................................ SB 291
WEBB, MELISSA RENE; commend..................................................................... HR 157
WEDDLE, LARRY; commend ............................................................................... HR 108
WEIGHTS AND MEASURES Vehicles and loads; unginned cotton; securing loads............................................ HB 960
WEST HALL HIGH SCHOOL GIRLS BASKETBALL TEAM; commend..... HR 661
WESTOVER HIGH SCHOOL BASKETBALL TEAM; invite to House .......... HR 566
WESTWOOD WILDCATS HIGH SCHOOL Football Team; commend...................................................................................... HR 69 Football Team; invite to House ............................................................................. HR 13 Varsity Cheerleaders; commend............................................................................ HR 92
WHEELER, PETE, AND JIM FREDERICK Commissioner and Assistant Commissioner of Veterans Service; invite to House....................................................................................... HR 486
WHEELER, REVEREND FREDDIE; commend................................................. HR 439
WHITE COUNTY; grant easement ........................................................................ SR 35
WHITE, COACH JAMES M., SR.; condolences.................................................. HR 654
WHITE, NORMA SOLOMON; commend............................................................ HR 304
WHITEHEAD, CARLA; commend ....................................................................... HR 579
Refer to numerical index for page numbers

4032

INDEX

WHITFIELD COUNTY; convey property............................................................. HR 88
WHITTEN, FRANK; commend ............................................................................. HR 750
WIDEMAN, THOMAS CLAY; condolences ........................................................ HR 774
WIGGINS, H. R. AND FRANKIE; commend ...................................................... HR 683
WILCOX, RODNEY; condolences......................................................................... HR 611
WILDLIFE Game and Fish Code; amend................................................................................. HB 171 Game and Fish Code; hunting, trapping, fishing, wildlife, weapons, licenses, minors, nonresidents, use of funds; amend provisions ......................... SB 83 Hunting without landowner's permission; penalties ............................................. HB 742 Hunting; primitive weapons hunts; firearm exception; certain persons ................ HB 266 License plates; special tags; Ducks Unlimited ...................................................... HB 259
WILKERSON, TONI; commend............................................................................ HR 73
WILKES COUNTY; board of education; compensation........................................ HB 897
WILKES, NATHAN; commend ............................................................................. HR 635
WILKINSON COUNTY; coroner; compensation.................................................. HB 562
WILLIAMS, DR. OTIS J., JR.; commend ............................................................ HR 70
WILLIAMS, JUANITA; condolences.................................................................... HR 323
WILLIAMS, LEILA; commend ............................................................................. HR 748
WILLIAMS, REVEREND HOSEA L.; condolences............................................ HR 322
WILLIAMS, REVEREND HOSEA L. AND JUANITA Place portrait in Capitol......................................................................................... HR 409
WILLIAMS, SHUN; commend............................................................................... HR 670
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Bankruptcy and certain insolvent estates; exemptions .......................................... HB 373 Estate tax; definition of filing date ........................................................................ HB 51 Estate tax; repeal.................................................................................................... HB 402 Refer to numerical index for page numbers

INDEX

4033

Estate tax; repeal.................................................................................................... HB 463 Heirs and interests; disinterment and DNA testing; court orders.......................... HB 130 Property and trusts; rule against perpetuities; optional exceptions ....................... HB 663 Wills; renunciation of future interests; provisions ................................................ HB 646 Wills; Revised Probate Code of 1998; amend provisions ..................................... HB 639
WILSON, CHARLOTTE; commend ..................................................................... HR 401
WILSON, D. STEVEN; commend.......................................................................... HR 762
WILSON, REVEREND HOWARD; commend .................................................... HR 665
WINE Beer or wine; consumer purchases; dealers extend credit..................................... HB 727 Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ......................................................... SB 208 Wines; domestic farm wineries; licensing and sale of wines; designate Georgia Wine Highway ....................................................................................... SB 155
WITNESSES Certain law enforcement officers; create privilege ............................................... HB 340 Hearing impaired persons; qualified interpreters .................................................. HB 859 Medical patient records; privacy regulations; release and handling; subpoenas; objections .......................................................................................... SB 210
WOMEN FOR MORRIS BROWN COLLEGE, INC.; commend ...................... HR 461
WOOD, RYAN; commend ...................................................................................... HR 689
WOODEN, REVEREND JOHN HENRY; commend .......................................... HR 726
WOODS, BRENDA; commend............................................................................... HR 523
WOODS, SADIE M. WOODRUFF; condolences................................................. HR 114
WOODSTOCK, CITY OF; homestead exemption; certain residents.................... HB 761
WOODWARD, JAMIE; commend ........................................................................ HR 38
WOODY, HONORABLE DEBORAH; commend................................................ HR 705
WORKERS COMPENSATION Amend provisions; increase benefits..................................................................... HB 497
Refer to numerical index for page numbers

4034

INDEX

Certain exemptions; building permit requirements ............................................... HB 643 Drug-free workplace; certification; on-site testing; education program ............... SB 186 Farm laborers; amend provisions .......................................................................... HB 952 Peace Officers' Annuity and Benefit; certain fraud investigators; membership ... HB 794 Senior judges; qualifications; allowable service required for appointment .......... SB 96 State authorities, advisory boards, councils, commissions, and
committees; abolishment of certain entities ........................................................ SB 196 Subsequent Injury Trust Fund; payment of assessments ....................................... HB 114
WRIGHT, SAMANTHA; commend ...................................................................... HR 333
WYATT, EILEEN PRICE; commend ................................................................... HR 377
Y
YANKUS, SARA JOAN; commend ....................................................................... HR 610
YOUMANS, MARY FRANCES; commend .......................................................... HR 483
Z
ZEIGLER, CURTIS DUSTIN "DUSTY"; commend........................................... HR 511
ZINGARELLI, NICHOLAS; commend ................................................................ HR 30
ZION MISSIONARY BAPTIST CHURCH; commend ....................................... HR 580
ZONING Actions challenging decisions; standing to participate ......................................... HB 348 Certain moratorium; exemption from requirements .............................................. HB 614 Mediation; certain nonparty participation ............................................................. HB 320

Refer to numerical index for page numbers

PART II
HOUSE BILLS
HB 1-- Sales tax; exempt certain clothing, wallets, and bags; limited time period ................................................................................... 52, 86
HB 2-- Computer Equipment Disposal and Recycling Council; create .................................................................................................... 118, 159
HB 3-- Income tax; gradual reduction and abolishment ........................................ 53, 86 HB 4-- Income tax; taxable net; exclude capital gains........................................... 53, 86 HB 5-- Income tax; taxable net; exclude retirement income.................................. 53, 86 HB 6-- State Sovereignty and Federal Tax Funds Act; enact ................................ 54, 86 HB 7-- Sales tax; exempt certain food or beverages in capsule or
tablet form ................................................................................................ 54, 86 HB 8-- Clinical laboratories; powers and duties; transfer to
Department of Community Health........................................................... 72, 98 HB 9-- Driver education and instruction; requirements......................................... 72, 98 HB 10-- Income tax; state witholding requirements; eliminate ............................... 54, 86 HB 11-- Vehicular homicide or feticide while driving under the
influence; penalty ..................................................................................... 55, 86 HB 12-- Lobbying; state government; prohibit use of certain public
funds......................................................................................................... 55, 86 HB 13-- Minors; certain employment; written parental permission............... 55, 86, 1115 HB 14-- Georgia Qualified State Tuition Program; enact...................................... 91, 140 HB 15-- Sales tax; exempt certain clothing, supplies, computer
equipment; school purposes ......................................................... 118, 159, 160 HB 16-- State flag; change design; agencies required to display;
description of seal; protection of monuments and memorials ..........................................................................56, 86, 191, 198, 326 HB 17-- Covenant Marriage Act; enact ................................................................ 908, 944 HB 18-- Income tax; married and single persons; equalize treatment....................................................................................... 360, 399, 400 HB 20-- Fraudulent practices; defrauding drug and alcohol screening tests ....................................................................................... 315, 341 HB 21-- Marietta, City of; homestead exemption ....................... 181, 220, 652, 653, 2191

4036

INDEX

HB 23-- Elections; age of children in voting booths with parents ............ 56, 86, 172, 223 HB 24-- Insurance; certain discriminatory practices; prohibit .................. 72, 98, 235, 286 HB 25-- County law libraries; change certain population reference ....... 56, 86, 146, 164,
2415 HB 27-- Powder Springs, City of; homestead exemption........... 293, 323, 746, 747, 2191 HB 28-- Drivers' licenses; remote renewal; electronic submission ..... 56, 86, 1538, 1900,
2104 HB 29-- Sales tax; exempt certain digital broadcast equipment ............................ 91, 140 HB 30-- Ethics in government; amend provisions .............................................. 57, 86, 87 HB 31-- Judicial sales; real property descriptions; advertisements........... 57, 86, 146, 163 HB 32-- Sheriffs; vacancies in office................................................ 58, 86, 436, 653, 695 HB 33-- Natural Resources, Board of; qualifications of certain
members; State Forestry Commission; add members...... 58, 86, 357, 401, 407, 2787, 3576, 3847
HB 34-- Highways; high occupancy vehicle lanes; purchasing use.. ...................... 58, 86 HB 35-- State agencies; decentralization; reduction in Atlanta
Metro Area employees ...................................................... ...................... 58, 86 HB 36-- Commission on African American Males; create ............... ...................... 59, 86 HB 37-- Ad valorem tax; exempt certain equipment; family owned
farm products producer .............................. 59, 86, 236, 263, 2582, 2886, 3838 HB 38-- Employees' Retirement; DFACS; creditable service ................................ 59, 86 HB 39-- Defense of Scouting Act; enact.................................................................. 60, 86 HB 40-- State employees health insurance plan; Georgia-Federal
State Inspection Service; include retired members........ 60, 86, 235, 272, 3356 HB 41-- Election fraud; governor reward for information....................................... 60, 86 HB 42-- Driver's license; suspension/revocation certain offenses;
prohibit new license ................................................................................. 61, 86 HB 43-- Drivers' licenses; processing of certain permits; driver
training schools ........................................................................................ 61, 86 HB 44-- Driving Under the Influence; homicide by vehicle; life
imprisonment or death.............................................................................. 61, 86 HB 45-- Election fraud; governor provide rewards to persons
reporting ................................................................................................... 61, 86 HB 46-- Sales tax; definition of sales price.............................................................. 62, 86 HB 47-- Bondsmen; qualifications........................................................................... 62, 86 HB 48-- Motor vehicle rentals; excise tax................................................................ 62, 86 HB 49-- Coin operated amusement machines; definitions............................... 62, 86, 146 HB 50-- Hotel-motel tax; amend definition ............................................................. 63, 86 HB 51-- Estate tax; definition of filing date............................................................. 63, 86 HB 52-- Cigar and cigarette tax; definitions ............................................................ 63, 86 HB 53-- Motor fuel tax; definitions ......................................................................... 64, 86

INDEX

4037

HB 54-- Sales tax; definitions .................................................................................. 64, 86
HB 55-- Income tax; change definitions .................................................................. 64, 86
HB 56-- Intangible tax; real estate transfer tax; change provision........................... 64, 86
HB 57-- Ad valorem tax; redefine current use value, fair market value, freeport .......................................................................................... 65, 86
HB 58-- Tax sales; change provisions under tax levies and executions................................................................................................. 65, 86
HB 59-- Tax executions; change provisions; issuance............................................. 65, 86
HB 60-- Taxation; change definitions ...................................................................... 65, 86
HB 61-- Revenue Code; conform to federal law.............................................. 66, 86, 750
HB 62-- Revenue, Department of; change provisions ............................................. 66, 86
HB 63-- License plates and fees; change definitions ............................................... 66, 86
HB 64-- Fulton County; community improvement districts; definition of electors ................................................... 66, 86, 1740, 1741, 2789
HB 65-- Public records; certain disclosure; exempt teachers and public school employees ......................................... 67, 86, 311, 401, 416, 2464
HB 66-- Public records; certain information; exempt teachers and public school employees .......................................................................... 73, 98
HB 67-- Sales tax; exempt required textbooks; postsecondary schools...................................................................................................... 73, 98
HB 68-- Employment security; domestic employees; annual contributions................................................................ 73, 98, 1520, 1665, 1703
HB 69-- Clinical perfusionists; licensing ................................................................. 73, 98
HB 70-- Tuition equalization grants; elementary and secondary schools; pilot program.............................................................................. 74, 98
HB 71-- Water pollution control; loans from EPA funds ....... 74, 98, 357, 574, 632, 2578
HB 72-- State agencies; rejected applications for law enforcement positions; written notification .......................................................... 74, 98, 291
HB 73-- Public records; exempt certain information; teachers/school employees ....................................................................... 75, 99
HB 74-- Employees Retirement; 32 years service............................. ...................... 75, 99
HB 75-- Revenue bonds; political subdivisions; development authorities ............................................................... 75, 99, 357, 401, 410, 2464
HB 76-- Employees Retirement; 31 years service.................................................... 76, 99
HB 77-- Clinical laboratories; capillary blood tests; clarify exemption................................................................................................. 76, 99
HB 78-- Driver's license; 17 years; exemption for driver's education .................................................................................................. 76, 99
HB 79-- Health insurance; breast cancer; coverage ......................................... 76, 99, 905
HB 80-- Employees Retirement; 30 years service.................................................... 77, 99

4038

INDEX

HB 81-- Driver's licenses; certain out-of-state residents; renewal by mail...................................................................................................... 77, 99
HB 82-- Food sales or service; Halal food ............................................................... 77, 99 HB 83-- Georgia Qualified State Tuition Program; enact........................................ 78, 99 HB 84-- Uniform Fraudulent Transfers Act; enact ........................... 78, 99, 290, 372, 378 HB 85-- Employees Retirement; 33 years service.................................................... 78, 99 HB 86-- State departments; reports to standing committees of
General Assembly .................................................................................... 79, 99 HB 87-- Local governments; contracts with private nonprofit
organizations ............................................................................................ 79, 98, 357, 401, 419, 2581, 3006, 3847
HB 88-- Groundwater use; prohibit injection of substances into aquifer ...................................................................................................... 79, 98
HB 89-- Agriculture; pick-your-own products; limited liability ..... 79, 98, 209, 300, 306, 2578
HB 90-- Sales tax; exempt fuels; certain swine production ..................................... 80, 98 HB 91-- State departments; performance audits and budget reports........................ 80, 98 HB 92-- Driver's licenses; prohibit fingerprint requirement .................................... 80, 98 HB 93-- Supplemental appropriations; FY 2000-2001 ............................................ 80, 98 HB 94-- Supplemental appropriations; FY 2001-2002 ............................................ 81, 98 HB 95-- General appropriations; FY 2001-2002 ..................................................... 81, 98 HB 96-- Physical therapy and physiotherapy; definitions........................................ 81, 98 HB 97-- Georgia's Pre-K Program; rename pre-kindergarten
program ......................................................................... 82, 99, 559, 2184, 2270 HB 98-- Failing to supervise a minor; define offense.............................................. 82, 99 HB 99-- Supplemental appropriations; FY 2000-2001 ..................... ...................... 82, 99 HB 100-- General appropriations; FY 2001-2002 ..................................................... 82, 99 HB 101-- Supplemental appropriations; FY 2000-2001 ............................................ 83, 99 HB 102-- Contracts contrary to public policy; insurers and certain
hospitals.................................................................................................... 83, 99 HB 103-- Juvenile courts; jurisdiction to appoint temporary
guardians .................................................................................................. 83, 99 HB 104-- Income tax; change certain tax tables ........................................................ 84, 99 HB 105-- Electric membership corporations; director from each
county served............................................................................................ 84, 99 HB 106-- Elections Code; corrections ................................................ 84, 99, 146, 165, 441 HB 107-- Code of Georgia; corrections .............................................. 84, 99, 146, 192, 346 HB 108-- Retirement and Pensions; Code corrections ....................... 85, 99, 146, 167, 441 HB 109-- Torts; negligent or improper polygraph examinations;
delete certain reference ................................................... 85, 99, 146, 168, 2784 HB 110-- Elections Code; amend...................................................... 91, 140, 172, 225, 922

INDEX

4039

HB 111-- Elections; time for closing of polls; certain cities.................... 92, 140, 172, 266 HB 112-- Elections; absentee voting; amend provisions ................................. 92, 140, 356 HB 113-- Elections; recount or recanvass of votes; amend
provisions ............................................................................... 92, 140, 172, 267 HB 114-- Subsequent Injury Trust Fund; payment of assessments..... .................... 93, 140 HB 115-- Municipalities; transfer of property; nonprofit resource
conservation and development councils ............... 93, 140, 424, 776, 787, 3837 HB 116-- State officers and employees; annual leave; use for other
office ..................................................................................... 93, 140, 386, 1000 HB 117-- Authentic historical Georgia license plates; definition ............................ 93, 140 HB 118-- Income tax; rehabilitation of historic structures;
limitations.................................................................. 93, 140, 1116, 1665, 1679 HB 119-- Local hospital authorities; membership ................................................... 94, 140 HB 120-- Child welfare agencies and child care facilities; inspection
results .............................................................................. 94, 140, 342, 401, 414 HB 121-- Georgia Homeowner Protection Act; enact ............................................. 95, 140 HB 122-- Employees' Retirement; military service credit................... .................... 95, 140 HB 123-- Income tax; Earned Income Credit; repeal low-income tax
credit.................................................................................. ............ 95, 140, 141 HB 124-- Employees' Retirement; local school system service;
certain credit...................................................................... .................... 96, 140 HB 125-- Professional Standards Commission; renewable
certificates; limitation........................................................ ............ 96, 140, 986 HB 126-- East Point, City of; redevelopment powers......................... .... 96, 140, 401, 402 HB 127-- Juvenile courts; amend provisions .............................. 97, 140, 1520, 1900, 2069 HB 128-- Superior court clerks; additional duties; compensation ...... .................... 97, 140 HB 129-- State Forestry Commission; reconstitute; add members... 97, 140, 357, 438, 610 HB 130-- Heirs and interests; disinterment and DNA testing; court
orders....................................................................... 119, 159, 1126, 1541, 1615 HB 131-- Sales tax; exempt certain sales by Salvation Army............. ................... 119, 159 HB 132-- Sales tax; exempt certain fuel; tobacco production............. ................... 120, 159 HB 133-- District attorneys emeritus; compensation .......................... ........... 120, 159, 964 HB 134-- Mobile home decal; failure to display; prosecution ............ ......... 120, 159, 1521 HB 135-- Sales tax; exempt certain sales; service provision to
mentally retarded............................................................... ................... 120, 159 HB 136-- Regional educational service agencies; sales to private
schools........................................................................... 121, 159, 310, 401, 408 HB 137-- Open meetings; provisions; include certain county boards. ................... 121, 159 HB 138-- Drivers' licenses or identification cards; registration with
U. S. Selective Service System ........................... 121, 159, 290, 653, 660, 2464

4040

INDEX

HB 139-- Supplemental appropriations; FY 2000-2001; public school capital outlay............................................ 122, 160, 864, 946, 965, 1545
HB 140-- Engineers and land surveyors; continuing education; certain exemption ...................... 122, 160, 1884, 2305, 2333, 3344, 3643, 3838
HB 141-- One-way roadways at certain intersections; marking provisions .......................................................................... ................... 122, 160
HB 142-- Tax commissioners and employees; certain counties; mandatory training ............................................................ ........... 123, 160, 358
HB 143-- Juvenile courts; parental payments; certain reimbursement ................... 123, 160
HB 144-- Loaded firearms in private motor vehicles; authorize......... ......... 123, 160, 1539
HB 145-- Sales tax; exempt sales of natural gas ................................. ................... 124, 160
HB 146-- Commercial driver's license; age requirements................... .......... 124, 160, 161
HB 147-- Waters of state; discharge of pollutants; fines .................... ................... 125, 160
HB 148-- Watercraft; certain discharge in state waters; prohibit........ ................... 125, 160
HB 149-- Storm-water runoff by county or municipality; monitor discharge ........................................................................... ................... 125, 160
HB 150-- Parking lot permitting; Board of Natural Resources regulate.............................................................................. ................... 126, 160
HB 151-- Motor vehicles on public roads; prohibit nitrous oxide .. 126, 160, 311, 653, 703
HB 152-- Industrial loans; change fees and late fees; increase monthly charge............................................... 126, 160,1451, 1900, 1934, 3357
HB 153-- Congressional and statutory boards; redistricting; change provisions ...................................................................... 127, 160, 310, 343, 350
HB 154-- Bingo; prizes; increase maximum amounts .... 127, 160, 1026, 1127, 1308, 3360
HB 155-- Bingo; certain nonprofit organizations; licensure qualifications ....................................................... 127, 160, 559, 653, 700, 3360
HB 156-- Patient Right to Know Act of 2001; enact; creation of physician profiles ...................................... 127, 160, 371, 438, 588, 3348, 3385
HB 157-- Uniform Child Custody Jurisdiction Enforcement Act; enact .................................................................................. ................... 128, 160
HB 158-- Hospital authorities; open records and meetings exemption; hospitals; autopsy disclosures ......... 128, 160, 358, 401, 421, 2787, 3022
HB 159-- Highways; HOV lanes; minimum passengers ................... ................... 128, 160
HB 160-- Speed limits; school zones; 25 miles per hour or lower...... ................... 129, 160
HB 161-- Schools; persons other than students; report on entering.... . 129, 160, 559, 2184
HB 162-- Railroad crossings; obstructions or repairs; change provisions .......................................................................... ................... 129, 160
HB 163-- Driver's licenses; teen drivers; transporting certain persons; restrictions...................................................................... 130, 159, 161
HB 164-- Teachers and public school employees; sick leave; absence due to certain injury on duty ................. 130, 159, 559, 918, 933, 2784

INDEX

4041

HB 165-- Income tax; certain military service exemption ............................. 131, 159, 162
HB 166-- Insurance; cancellation; provide loss history to insured ........ 131, 159, 311, 372, 382
HB 167-- Income tax; telecommuting credit........................................................... 131, 159
HB 168-- Radio common carriers; Georgia Radio Utility Act; repeal provisions ............................................................ 132, 159, 559, 687, 760, 2784
HB 169-- Health insurance; timely payment; interest penalty........ 132, 159, 311, 343, 348
HB 170-- Farm Animal, Crop, and Research Facilities Protection Act; enact .................................................................... 132, 159, 209, 264, 2465
HB 171-- Game and Fish Code; amend .................................................................. 133, 159
HB 172-- Game and fish; horseshoe crabs; regulations.................. 133, 159, 235, 270, 751
HB 173-- Game and fish; certain finfish; regulations ..................... 133, 159, 235, 271, 751
HB 174-- Supplemental appropriations; FY 2000-2001...... 134, 160, 422, 438, 445, 1134, 1137, 1256, 1315, 1519
HB 175-- General appropriations; FY 2001-2002 ......... 134, 160, 1662, 1741, 1759, 2623, 2758, 2822, 2903, 3172, 3377
HB 176-- Veterans of World War II; high school diploma; eligibility ................................................... 134, 160, 290, 325, 327, 2581, 2893
HB 177-- Elections; absentee voting; campaign activity restrictions ..................... 134, 160
HB 178-- Child abuse; investigations; change provisions ...................................... 135, 160
HB 179-- Income tax; retirement income; increase exclusion ................................ 135, 160
HB 180-- Rome Judicial Circuit; add judge............................................................ 135, 160
HB 181-- Juvenile courts; standards for transferring delinquency cases ...................................................................................................... 136, 160
HB 182-- Elections; procedure for certain unopposed primary candidates...................................................................... 136, 160, 651, 946, 963
HB 183-- License plates; special tags; retired military persons; trout Unlimited ...................................... 136, 160, 986, 1453, 1619, 3350, 3565
HB 184-- Motorcycles; headgear violations; amend penalty provision.............................................................. 137, 160, 311, 372, 384, 2784
HB 185-- Sales tax; electricity for irrigation; exemption........................................ 137, 160
HB 186-- Income tax; health insurance premium; exemption ........................ 137, 160, 309
HB 187-- Motor vehicle insurance; uninsured motorist; minimum coverage .......................................... 137, 160, 311, 574, 630, 3348, 3631, 3848
HB 188-- Voter Choice and Election Access Reform Act of 2001; enact ...................................................................................................... 138, 160
HB 189-- Motor vehicles; traffic violations; prosecution ........... 138, 160, 906, 1900, 2109
HB 190-- Commission for the Celebration of 250 Years of Representative Government in Georgia; create; Governor's Commission on Georgia History and Historical Tourism; create................... 158, 191, 1539, 1741, 1870, 3349, 3646

4042

INDEX

HB 191-- Uniform Commercial Code -- Secured Transactions; enact ................................................................ 158, 191, 877, 1900, 1935, 3357
HB 192-- Motor vehicles; altered suspension; taillights ........................................ 158, 191
HB 193-- Motor vehicle convictions; reports from court to Department of Public Safety; fees ................................ 158, 191, 311, 343, 349
HB 194-- Off-road vehicles; use on public highways; prohibition; exception ...................................................................................... 159, 191, 767
HB 195-- Optometrists; scope of practice.............................................. 159, 191, 209, 232
HB 196-- State buildings; construction; minimize tree destruction ....................... 181, 220
HB 197-- Coffee County; chief magistrate; election...................................... 181, 220, 258
HB 198-- Coffee County; probate court judge; election ........................ 182, 220, 258, 259
HB 199-- Developmental Highway System; change description of roads .............................................................................. 182, 220, 334, 372, 385
HB 200-- Georgia Public Telecommunications Commission; amend provisions ............................................................ 182, 220, 559, 687, 706, 2578
HB 201-- Juvenile courts; delinquent child; alternative detention ...... 182, 220, 329, 1126, 1665, 1702, 3837
HB 202-- Public Safety Department and Georgia Bureau of Investigation; certain incentive pay; increase .............................. 183, 220, 987
HB 203-- Public School Employees Retirement; increase benefit......................... 183, 221
HB 204-- Speed limits; school zones; local authority............................................ 183, 221 HB 205-- Bibb City, Town of; repeal charter ................................. 183, 221, 258, 259, 346
HB 206-- Local water authorities; environmental projects; voluntary contribution program....................... 184, 221, 357, 438, 607, 2466, 2751, 3847
HB 207-- Checks; Deferred Presentment Act; enact .................. 184, 221, 721, 1541, 1683 HB 208-- Crimes and offenses; possession of certain firearms and
body armor; penalties........................ 184, 221, 767, 879, 889, 924, 2305, 2346 HB 209-- Teachers Retirement; early retirement; reduce penalty.......................... 185, 221 HB 210-- Teachers Retirement; return to service; elementary and
secondary teachers................................................................................ 185, 221 HB 211-- Teachers Retirement; early retirement; eliminate penalty...................... 185, 221
HB 212-- Municipalities; intergovernmental agreements; police services................................................................................................. 186, 220
HB 213-- Ad valorem tax; homestead exemption; amount of state levy....................................................................................................... 186, 220
HB 214-- Ad valorem tax; certain inventory; exemption....................................... 186, 220
HB 215-- Income tax; gradual reduction................................................................ 187, 220
HB 216-- Sales tax; vending machines; exempt food and beverages .. 187, 220, 221, 1521
HB 217-- Teachers Retirement; return to service; certain teachers ....................... 187, 220
HB 218-- Court proceedings; request certain elected judges to conduct ................................................................................................. 188, 220

INDEX

4043

HB 219-- Retirement Savings Protection Act; enact.............................................. 188, 220 HB 220-- Financial institutions; lawyers' trust accounts........................................ 188, 221 HB 221-- Court clerks; civil action claims; prohibit provision of
certain forms......................................................................................... 189, 221 HB 222-- License plates on government vehicles; change
appearance............................................................................................ 189, 221 HB 223-- Dental hygienists; dental screenings without supervision ..... 189, 221, 332, 372,
380, 2785 HB 224-- Alcoholic beverages; redefine "malt beverage"...... 212, 256, 357, 574, 657, 694 HB 225-- Minority business enterprise; redefine "minority" ................................. 212, 256 HB 226-- Athens-Clarke County; homestead exemption; certain
residents................................................................................................ 212, 256 HB 227-- Georgia Military Pension Fund; create .................................................. 212, 256 HB 228-- Textbooks; make available in electronic format... 213, 256, 559, 653, 709, 2785 HB 229-- Income tax credit; property donations; greenspace................................ 213, 256 HB 230-- Burke County; board of education; vacancies ..................... 213, 256, 284, 2413 HB 231-- Bibb County; board of education; tax levy............. 214, 256, 299, 300, 442, 753 HB 232-- Criminal procedure; serious violent felony; redefine............................. 214, 256 HB 233-- Insurance premium finance companies; amend provisions ... 214, 256, 356, 687,
755 HB 234-- Schools used as polling places; close on election day ........................... 214, 256 HB 235-- Georgia Agrirama Development Authority; transfer to
Department of Natural Resources ........................ 215, 256, 357,438, 606, 2578 HB 236-- Income tax; Earned Income Credit; low-income tax credit ................... 215, 257 HB 237-- Litter; redefine; include cigarette butts .................................................. 216, 257 HB 238-- Income tax; certain military service exemption ................... 216, 256, 257, 1521 HB 239-- License plates on government vehicles; change
appearance............................................................................................ 216, 256 HB 240-- Smyrna, City of; homestead exemption........................ 217, 256, 746, 747, 2192 HB 241-- Georgia Volunteers in Dentistry Act; enact.......... 217, 256, 559, 879, 895, 3360 HB 242-- Adjutant general and assistant; amend provisions ......... 217, 256, 423, 776, 850,
2415 HB 243-- Property valuations; repeal certain prohibitions..................................... 218, 256 HB 244-- Woman's Right to Know Act; enact....................................................... 218, 256 HB 245-- School principals; state supplement; periodic payments................ 218, 256, 559 HB 246-- Mental health; emergency examinations; authorize certain
counselors............................................................................................. 219, 256 HB 247-- Outdoor advertising; prohibit certain signs............................................ 219, 256 HB 248-- Seat belts; child safety restraint; physical or medical
condition preventing use ........................... 239, 282, 311, 776, 860, 2582, 3062 HB 249-- Drivers' licenses; expiration; increase to 10 years .................................. 239, 282

4044

INDEX

HB 250-- License plates and fees; redesignate certain provisions in Title 48 to Title 40 .................................................... 239, 282, 986, 1042, 1091
HB 251-- Taxation; levy excise tax on airport parking facilities ............................ 239, 282
HB 252-- Class Nine Fire Department Pension; increase benefits ......................... 240, 282
HB 253-- Motor vehicles; registration, licensing, titling; amend provision.......................................................... 240, 283, 986, 1042, 1092, 2579
HB 254-- Judicial Retirement; state court judges; transfer funds from Employees' Retirement................................................................. 240, 283
HB 255-- Firefighter's Pension Fund; increase benefit; certain members ................................................................................................ 241, 283
HB 256-- Malt beverages; amend provisions.......................................................... 241, 283
HB 257-- Income tax; retirement income; exempt certain persons......................... 241, 283
HB 258-- Natural Gas Competition and Deregulation Act; amend ........................ 242, 283
HB 259-- License plates; special tags; Ducks Unlimited........................................ 242, 283
HB 260-- Electrical generating facilities; air quality permits; publication............................................................................................. 242, 283
HB 261-- Income tax; credit for low-emission vehicles and zero emission vehicles ................................................ 243, 283, 652, 746, 761, 2465
HB 262-- Ad valorem tax; mobile homes; amend provisions................................. 243, 283
HB 263-- Nursing homes; employee criminal records checks; certain liability ........... 243, 283, 333, 372, 377, 2582, 3018, 3379, 3630, 3642, 3699, 3849
HB 264-- Nursing homes, nursing facilities, or intermediate care homes; civil monetary penalties................ 244, 283, 573, 687, 758, 2583, 3016
HB 265-- Labor and industrial relations; sexual harassment .................................. 244, 283
HB 266-- Hunting; primitive weapons hunts; firearm exception; certain persons....................................................................................... 244, 283
HB 267-- Municipal corporations; distance requirements ...................................... 245, 283
HB 268-- Hospitals; denial of staff privileges ........................................................ 245, 283
HB 269-- Juvenile courts; transfer of cases from superior courts................. 245, 283, 1126
HB 270-- Natural gas competition and deregulation; universal service funds ......................................................................................... 245, 283
HB 271-- Natural gas competition and deregulation; customer service offices ....................................................................................... 246, 283
HB 272-- Public Service Commission; natural gas marketers; pipeline fees .......................................................................................... 246, 283
HB 273-- Campaign contributions; natural gas marketers; prohibition ............................................................................................. 246, 283
HB 274-- Natural gas competition and deregulation; rate design; repeal requirement................................................................................. 247, 283
HB 275-- Natural gas competition and deregulation; rate-making methods ................................................................................................. 247, 283

INDEX

4045

HB 276-- State prison warden; motor vehicle; repeal certain provision.................................................................... 247, 283, 436, 1042, 1110
HB 277-- Utility contractors; redefine plumbing .................................................... 248, 283
HB 278-- Sales tax; certain fuel used in dairy production; exemption.............................................................................................. 248, 283
HB 279-- State development activity; save specimen trees or replace with hardwoods ......................................... 248, 282, 573, 776, 854, 2583, 2891
HB 280-- Glynn County; state court solicitor and clerk; compensation ................................................................ 282, 299, 325, 326, 441
HB 281-- Income tax credit; child care expenses.................................................... 249, 282
HB 282-- Employees' Retirement; certain law enforcement officers; increase benefit ..................................................................................... 249, 282
HB 283-- Judicial Retirement; creditable service ................................................... 249, 282
HB 284-- Eminent domain; electric power line; consent of local government............................................................................................ 249, 282
HB 285-- Eye banks; operators; provisions .................................... 250, 283, 559, 653, 705
HB 286-- Utility contractors; redefine "conditioned air equipment" and "plumbing" ..................................................................................... 250, 283
HB 287-- Funk Heritage Center; designate official state museum of southeastern Indian art and history ......................... 250, 283, 1001, 1127, 1302
HB 288-- Firefighters' Pension Fund; certain investments; authorize ... 251, 283, 722, 946, 961, 3360
HB 289-- Disabled adults and elder persons; abuse, neglect, and exploitation; increase penalty ....................... 251, 283, 1520, 1665, 1727, 3836
HB 290-- Sales tax; exempt certain sales to churches .... 251, 283, 1521, 1900, 2053, 2785
HB 291-- Safety belts; redefine "passenger vehicle" .............................................. 252, 283
HB 292-- Search warrants; application by video conference......... 252, 283, 305, 424, 687, 710, 2579
HB 293-- Pesticide and tobacco dealers; licenses; fees ....... 252, 283, 290, 325, 329, 2581, 2898, 3846
HB 294-- Transportation, Department of; interstate rest areas; display POW-MIA flag and plaque .................... 252, 283, 560, 687, 719, 2465
HB 295-- Probate court judge; vacancy; chief clerk assume duties........................ 253, 283
HB 296-- Certain schools; on-site audits; exempt................................................... 253, 283
HB 297-- Architects; structures not requiring seal; amend provisions ............................................................ 282, 299, 864, 946, 953, 2905
HB 298-- State auditor; compensation .......... 293, 323, 945, 1042, 1088, 3349, 3383, 3846
HB 299-- Ad valorem tax; homestead exemption; certain residents ..... 293, 323, 652, 776, 842, 2579
HB 300-- Marshlands; prohibit bridges and causeways; exception ........................ 294, 323
HB 301-- Hunting and fishing; regulation by Department of Natural Resources; prohibit local ordinances .... 294, 323, 436, 1002, 1010, 2583, 2894

4046

INDEX

HB 302-- County officers; minimum salaries; statutes; census effective date for certain purposes .. 294, 323, 558, 776, 788, 2906, 3579, 3847
HB 303-- Boards and commissions; increase per diem allowance ........ 295, 323, 422, 946, 958, 2579
HB 304-- Firearms; eliminate victim disarmament zones............................. 295, 323, 1538 HB 305-- Pickens County; board of elections and registration;
create ................................................................................... 295, 323, 343, 1749 HB 306-- Pickens County; board of education; reconstitute ........ 296, 323, 343, 344, 1749 HB 307-- Fannin County Building Authority; create ................... 296, 323, 343, 344, 1674 HB 308-- Agricultural production contracts; regulate ............................................ 296, 323 HB 309-- Higgston, City of; new charter...................................... 296, 323, 343, 344, 2413 HB 310-- Clayton County; chief magistrate; nonpartisan ....................... 296, 323, 343, 345 HB 311-- Cobb County-Marietta Water Authority; membership............................ 297, 323 HB 312-- Cobb Judicial Circuit; judges; supplement ................... 297, 323, 917, 918, 1749 HB 313-- Drivers' licenses; minimum age for issuance .......................................... 297, 323 HB 314-- State income tax; repeal and eliminate.................................................... 298, 323 HB 315-- Driver education schools and courses; provisions .................................. 298, 323 HB 316-- Lumpkin County; board of commissioners; create ................. 298, 323, 371, 372 HB 317-- Housing and finance authority; retailing and signage;
authorized purposes............................................. 298, 323, 722, 776, 838, 2466 HB 318-- Neighborhood Protection Act; enact....................................................... 315, 341 HB 319-- Schools; courses; instruction in black history......................................... 315, 341 HB 320-- Zoning decisions; mediation; certain nonparty
participation........................................................................................... 315, 341 HB 321-- Hotels and motels; local tax; maximum time of
imposition.............................................................................................. 316, 341 HB 322-- Cherokee County; water and sewerage authority; fines ........ 316, 341, 371, 373,
1750 HB 323-- Board of Regents; contracts with hospitals; surgical
procedures ............................................................................................. 316, 341 HB 324-- Racial Justice Act; enact ................................................................. 316, 341, 926 HB 325-- Driving under the influence; fourth violation; felony............................. 317, 341 HB 326-- Elections; publicly financed campaigns; voter information
commission ........................................................................................... 317, 341 HB 327-- Used Appliance Warranty Rights Act; enact .......................................... 317, 341 HB 328-- Berkeley Lake, City of; mayor and council; terms ......... 318, 341, 371, 373, 922 HB 329-- Psychologists; authorization to prescribe drugs ...................................... 318, 341 HB 330-- Family court division pilot project; extend to 7/1/04 .......... 318, 341, 423, 1002,
1020, 2785 HB 331-- Homestead exemption; married person not living with
spouse............................................................................................ 319, 341, 652

INDEX

4047

HB 332-- Community service boards; powers, duties, and functions........... 319, 341, 1041
HB 333-- Attorneys; immigration and nationality law; prohibitions ...................... 319, 341
HB 334-- Georgia Regional Transportation Authority; long-range plans; provisions.................................................................................... 320, 341
HB 335-- Uniform rules of the road; cell phone usage while operating vehicle; requirements ............................................................ 320, 341
HB 336-- Sales tax; exempt natural gas for residential use .................................... 320, 341
HB 337-- Tax sales; excess funds; payment ............................. 321, 341, 1520, 1900, 2100
HB 338-- Open records; exempt certain 911 communications ............................... 321, 341
HB 339-- Health records; copies requested by patient's authorized agent ...................................................................................................... 321, 341
HB 340-- Witnesses; certain law enforcement officers; create privilege................................................................................................. 322, 341
HB 341-- Police chiefs and department heads; state radar permit; certain training ...................................................................................... 322, 341
HB 342-- Unemployment compensation; eligibility; part-time work; undue family hardship........................................................................... 322, 341
HB 343-- Pimping or pandering involving child; define offenses; penalties................................................................................................. 336, 370
HB 344-- Sales tax; exempt certain vending machine items................................... 336, 370
HB 345-- Trucks on multilane highways; designated usage lanes ........ 336, 370, 560, 879, 884, 2580
HB 346-- Special license plates; armed forces; certain members ........................... 337, 370
HB 347-- Homestead exemption; certain assessed value difference ...................... 337, 370
HB 348-- Zoning decisions; actions challenging; standing to participate.............................................................................................. 337, 370
HB 349-- Natural gas company; retail customer; reconnected service fee ............................................................................................. 337, 370
HB 350-- Sales tax; exempt certain fuel; aquaculture business .............................. 338, 370
HB 351-- Surface water permits; certain excessive withdrawals............................ 338, 370
HB 352-- Resident and nonresident insurance agents, subagents, surplus line brokers, counselors, adjusters; licensing ... 339, 370, 436, 776, 848 3357
HB 353-- Effingham County; state court; judge and solicitor ........ 339, 370, 401, 402, 751
HB 354-- Superior courts; certain fees; clerks' cooperative authority .................... 339, 370
HB 355-- Registered Nurse First Assistant Consumer Act; enact ......... 340, 370, 559, 746, 763, 2466
HB 356-- Health care practitioners; credentialing data; centralized collection ....................................................................................... 340, 370, 876
HB 357-- Magistrate courts; training requirements; certain magistrates..................................................................................... 360, 399, 651

4048

INDEX

HB 358-- Property insurance; certain fire policies; value of property .................... 360, 399
HB 359-- Mortgage brokers and mortgage lenders; interest and fees; prohibition ............................................................................................. 361, 399
HB 360-- Safe Place for Newborns Act of 2001; enact ............ 361, 399, 1520, 2184, 2284
HB 361-- Cotton Producers Indemnity Fund; payments...... 361, 399, 720, 918, 929, 3345, 3459, 3480, 3610, 3642, 3766, 3850
HB 362-- Decatur, City of; homestead exemption; certain residents .... 362, 399, 687, 688, 3351
HB 363-- Decatur, City of; homestead exemption; certain residents...... 362, 399, 687, 690
HB 364-- Ad valorem tax; heavy-duty equipment motor vehicles; rentals .................................................................. 362, 399, 768, 879, 886, 2580
HB 365-- County governing authorities; members; minimum annual salary; required training for elected members....................................... 363, 399
HB 366-- Redevelopment; qualification; amend provisions...... 363, 399, 722, 1002, 1014, 3359
HB 367-- Corruption Prevention Act; enact ........ 363, 399, 1000, 1127, 1311, 3347, 3534, 3609, 3628, 3642, 3772, 3850
HB 368-- Timber buyers; bond provisions.............................................................. 364, 399
HB 369-- New trials; extraordinary motions; paternity ............ 364, 399, 1521, 2184, 2255
HB 370-- Bait shrimp dealer; salt-water access; provisions; exception ............................................................. 364, 399, 436, 687, 712, 2785
HB 371-- Serious traffic offenses; increased penalties ........................................... 365, 399
HB 372-- Schools; students 18 years old; registration to vote... 365, 399, 774, 1002, 1015, 2785
HB 373-- Bankruptcy and certain insolvent estates; exemptions ...... 365, 399, 1126, 1541, 1629, 3361
HB 374-- Malt beverages; kegs sold at retail .......................................................... 366, 399 HB 375-- Georgia Environmental Training and Education
Authority; create ........................... 366, 399, 632, 877, 1453, 1470, 3345, 3564 HB 376-- Sales tax; special county or joint municipal/county tax;
amend .......................................................................................... 366, 399, 1521 HB 377-- Tires; adjustment rates; disclosure .......................................................... 366, 399
HB 378-- Union Point, City of; mayor and council; vacancies .... 367, 399, 437, 438, 2790
HB 379-- Putnam County; probate court judge; nonpartisan.................. 367, 399, 437, 439 HB 380-- Schools; loitering; disrupting school function ................................ 367, 399, 952
HB 381-- Mental illness; emergency admission; provisions................................... 368, 399
HB 382-- Juvenile courts; jurisdiction; 18 years of age .......................................... 368, 399
HB 383-- Physician's assistants; allowable number.......... 368, 399, 876, 1042, 1109, 3358
HB 384-- Physician's assistants; professional samples; distribution....................... 368, 399

INDEX

4049

HB 385-- Motor vehicles; driving under the influence; teen restriction; aggressive driving; amend provisions ... 369, 399, 986, 1128, 1256, 3346, 3397, 3481, 3563, 3610, 3777, 3851
HB 386-- Gas utility company; billing errors; automatic refund ............................ 389, 435
HB 387-- Employees' Retirement; disability benefits; earnings maximum............................................................................................... 390, 435
HB 388-- Librarians; certification; continuing education.......... 390, 435, 905, 1002, 1018, 3837
HB 389-- Georgia Bureau of Investigation; narcotics agents; repeal certain retirement prohibition ......................... 391, 435, 721, 1665, 1723, 3357
HB 390-- Sales tax; exempt sales by certain nonprofit humane societies for animals.............................................................................. 391, 435
HB 391-- Education; curriculum; origins of life theories ....................................... 391, 435
HB 392-- Education; honors program; include private school students.................................................................................................. 391, 435
HB 393-- Public records; disclosure; exempt certain ridesharing programs.............................................................. 392, 435, 651, 946, 960, 2906
HB 394-- Torts; alienation of affections; define; damages ..................................... 392, 435
HB 395-- Insurance premium finance companies; adverse underwriting decision............................................................................ 392, 435
HB 396-- Drivers' licenses; certain offenders; limited driving permits................................................................................................... 393, 435
HB 397-- Individual development accounts; comprehensive regulation....................................................................................... 393, 435, 557
HB 398-- Sinclair Water Authority; create ................................... 393, 435, 574, 575, 2580
HB 399-- County governing authorities; compensation ...... 393, 435, 722, 776, 845, 3480, 3572
HB 400-- Local governments; motor vehicle decals; exemption from requirement................................... 394, 435, 722, 1453, 1512, 2788, 3056
HB 401-- Disabled persons; public buildings; restroom accessibility .................... 394, 435
HB 402-- Taxation; repeal estate tax....................................................................... 394, 435
HB 403-- Insurance companies; income tax credit; college student employees.............................................................................................. 395, 435
HB 404-- Public Employees' Retirement 401(k) Plan; establish............................. 395, 435
HB 405-- Coastal Marshlands Protection Act; coastal hammocks; permits................................................................................................... 396, 435
HB 406-- Coastal Marshlands Protection Act; coastal hammocks; alterations .............................................................................................. 396, 435
HB 407-- Criminal trespass; certain sexual offenders; school safety zones............................................................................................ 396, 435, 1521
HB 408-- Homestead exemption; certain assessed value difference ...................... 397, 435

4050

INDEX

HB 409-- Redevelopment; expand meaning; certain nonurban areas; natural or historical assets ................................... 397, 435, 722, 776, 853, 2466
HB 410-- Sentences; judge's authority to modify; time .............. 397, 435, 767, 2184, 2263
HB 411-- Probation services; certain agreements; amend provisions ........... 398, 435, 865, 2305, 2323
HB 412-- Developmental highway system; change description ..... 398, 435, 560, 653, 701
HB 413-- Penal institutions; private detention facilities; prohibitions ........ 426, 571, 1728, 1900, 2054
HB 414-- Floyd County; juvenile court judge; appointment................... 426, 571, 775, 776
HB 415-- American Indian Tribes; add Southeastern Cherokee Council, Inc. .......................................................................................... 426, 571
HB 416-- Catoosa County; superior court clerk; clerical help allowance ................................................................ 427, 571, 2406, 2407, 3351
HB 417-- Higher Education Savings Plan; enact ........ 427, 571, 905, 947, 966, 2467, 2737
HB 418-- Ad valorem tax appeals; taxpayer representation ................................... 427, 571
HB 419-- Magistrates; minimum annual salary; effective date of census .................................................................................................... 427, 571
HB 420-- Erosion and sedimentation; streams and trout streams; buffer..................................................................................................... 428, 571
HB 421-- Drivers' licenses; mandatory suspensions; amend provisions .............................................................................................. 428, 571
HB 422-- Obstructing placement of emergency phone calls; define offense................................................................................................... 428, 571
HB 423-- DUI; certain convictions; display sign on rear windshield ..................... 428, 571
HB 424-- Sales tax; exempt residential natural gas ........................................ 429, 571, 572
HB 425-- Sales tax; exempt residential natural gas and liquefied petroleum gas ................................................................................ 429, 571, 572
HB 426-- Back to School Tax Holiday Act; enact .................................................. 430, 571
HB 427-- Parent College Education Savings Plan; enact........................................ 430, 571
HB 428-- Entry on property; utility meter reader; written notice............................ 430, 571
HB 429-- Ad valorem tax; exempt passenger motor vehicles................................. 431, 571
HB 430-- DUI; four or more violations within five years; felony .................. 431, 571, 572
HB 431-- Ad valorem tax assessments; appeals to superior court; amend provisions .................................................................................. 432, 571
HB 432-- Prestige license plates; additional fees; exemption................................. 432, 571
HB 433-- Off-road vehicles; registration, titling, and operation; provisions .............................................................................................. 432, 571
HB 434-- Consumer Choice Negotiated Health Insurance Plan Act; enact .............................................................................................. 433, 571, 766
HB 435-- Civil practice; mental exams; physician or psychologist....... 433, 571, 749, 986, 1665, 1710, 2908

INDEX

4051

HB 436-- State Commission on Compensation; abolish........... 433, 571, 1539, 2184, 2213
HB 437-- Sales tax; exempt residential propane and natural gas............................ 433, 571
HB 438-- Candidates and presidential electors; change qualifying time........................................................................................................ 434, 571
HB 439-- Sales tax; exempt certain clothing, wallets, and bags; limited time ......................................................................... 562, 649, 650, 1116
HB 440-- Sales tax; exempt certain clothing, wallets, and bags; limited time ................................................................................... 562, 649, 650
HB 441-- Pension obligation bonds; provisions ................... 563, 649, 722, 879, 888, 2905
HB 442-- Pecans; dealer purchases; require certain identification from seller ..................................................................... 563, 649, 720, 879, 926
HB 443-- Annexations; reports to Department of Community Affairs ............................................................. 563, 649, 987, 1042, 1102, 2580
HB 444-- Cobb County-Marietta Water Authority; amend provisions .............................................................................. 564, 649, 746, 747
HB 445-- Department of Administrative Services; bids; display certain information on the Internet........................................................ 564, 649
HB 446-- Insurance transactions; information gathered; amend provisions .............................................................................................. 564, 649
HB 447-- Wayne County; homestead exemption.................................................... 565, 649
HB 448-- Private ways; court grant petition; exception.......................................... 565, 649
HB 449-- Teachers Retirement; creditable service; certain library employment........................................................................................... 565, 649
HB 450-- Augusta, Gwinnett, Rome, and Atlanta Judicial Circuits; add judges ..................................................... 566, 649, 2181, 2305, 2336, 2904
HB 451-- Bartow County; homestead exemption; certain residents...... 566, 649, 687, 693, 2463
HB 452-- Income tax credit; certain private driver education expenses ................................................................................................ 566, 649
HB 453-- Child endangerment; define offense ............... 566, 650, 1519, 2184, 2288, 3347
HB 454-- Uniform rules of the road; radar; certain residential area ....................... 567, 650
HB 455-- Financial Information Privacy Protection Act; enact .......... 567, 649, 905, 1541, 1586
HB 456-- County boards of equalization; members; qualifications .... 567, 649, 988, 2305, 2318, 3359
HB 457-- Local boards of education; driver education; elective course .................................................................................................... 568, 649
HB 458-- Qualified State Tuition Program; enact................................................... 568, 649
HB 459-- County boards of equalization; appeals to superior court; repeal certain right................................................................................. 568, 649
HB 460-- Income tax credits; qualified low-income buildings; amend provisions ................................ 568, 649, 1116, 1665, 1755, 2905, 3075

4052

INDEX

HB 461-- Volunteer firemen; certain injuries; temporary disability compensation ............................................................ 569, 649, 987, 1900, 2106
HB 462-- Woman's Right to Know Act; enact........................................................ 569, 649
HB 463-- Estate tax; eliminate ................................................................................ 569, 649
HB 464-- Water and wastewater; regional sources; development .......................... 570, 649
HB 465-- Nonpublic postsecondary educational institutions; exempt from prohibition .................................................................................... 570, 649
HB 466-- Snellville, City of; new charter ..................................... 570, 649, 687, 694, 3832
HB 467-- Teachers Retirement; early retirement; reduce penalty........................... 637, 685
HB 468-- Teachers Retirement; service retirement; 29 years ................................. 638, 685
HB 469-- Forsyth County; homestead exemption .................... 638, 685, 2368, 2371, 2790
HB 470-- Health care work force policy advisory committee; indigent care trust fund; Medical Examiners Board; state employees' health insurance plan; health care pilot projects ................................................ 638, 685, 1026, 1453, 1476, 2907, 3065
HB 471-- Health care facilities; certain rural hospitals; certain exemption.............................................................................................. 639, 685
HB 472-- Sales tax; exempt sales by Campfire Boys and Girls, Inc. ............ 639, 685, 988, 1453, 1478
HB 473-- Education accountability; certain actions by local boards; enhanced annual report ............................................................... 640, 685, 1883
HB 474-- Local governments; development rights; intergovernmental transfers .................................... 640, 685, 1664, 2184, 2271
HB 475-- Forsyth County; homestead exemption .............................. 640, 685, 1540, 1542
HB 476-- Education; students under 16; prohibit permanent expulsion ............................................................................................... 640, 685
HB 477-- Columbus county-wide government; recorder's court ........... 641, 685, 746, 748, 2790
HB 478-- Claims against insurers; bad faith refusal to pay; motor vehicle liability claims; unfair claims practices..... 641, 685, 1520, 1665, 1698, 3358
HB 479-- Elections; comprehensive revision of provisions ...... 641, 685, 916, 1042, 1049, 3347, 3818
HB 480-- Drivers' licenses; restoration; completion of certain courses or programs .................................................................... 642, 685, 1651
HB 481-- Pharmacists and pharmacies; certain GEMA exemption; dispensing drugs.................................................................................... 642, 685
HB 482-- Motor vehicles; taillight lenses; provisions............................................. 642, 685
HB 483-- Sales tax; exempt postsecondary textbooks .................................... 643, 685, 686
HB 484-- Motor Vehicle Safety, Department of; conform certain OCGA references .................................................................................. 643, 685

INDEX

4053

HB 485-- Corporate income tax; apportionment formulas; comprehensive revision......................................................................... 643, 685
HB 486-- Public School Employees Retirement; increase maximum benefit.................................................................................................... 644, 685
HB 487-- Archives and History; change Department of to Division of; amend provisions ............................................................................. 644, 685
HB 488-- Teachers Retirement; creditable service; certain private schools................................................................................................... 644, 685
HB 489-- Chattooga County; board of elections and registration; create ............................... 645, 685, 1002, 1003, 3378, 3453, 3481, 3658, 3682
HB 490-- Income tax credits; certain enterprises; additional designated areas ...................................................... 645, 685, 1886, 2184, 2253
HB 491-- Teachers and public school employees; state employees' health insurance plan; monthly premiums ...... 645, 685, 905, 1002, 1011, 3358
HB 492-- Interest; alimony or divorce payments; 30 days late ....................... 646, 685, 917
HB 493-- Income tax credit; tutoring or summer school; maximum ...................... 646, 685
HB 494-- Homeowner tax relief grants; annual appropriation................................ 646, 685
HB 495-- Escape; redefine offense; include confinement for child support violation.................................................................................... 646, 685
HB 496-- Income tax credit; qualified Georgia resident......................................... 647, 685
HB 497-- Workers' compensation; amend provisions; increase benefits ................................................ 667, 744, 1115, 1541, 1636, 3344, 3556
HB 498-- Mental health; regional and substance abuse boards; abolish; transfer functions......................................... 649, 685, 876, 1453, 1548
HB 499-- Firearms; possession by certain felons and probationers; penalty..................................................................... 667, 744, 1740, 2184, 2252
HB 500-- Sales tax; exempt residential propane and natural gas............................ 667, 744
HB 501-- Sales tax; exempt sales by certain humane societies....................... 668, 744, 745
HB 502-- Sales tax; exempt certain digital broadcast equipment ................... 668, 744, 745
HB 503-- County boards of equalization; appeals to superior courts; repeal certain right................................................................................. 669, 744
HB 504-- County retirement systems; participation by magistrates........................ 669, 744
HB 505-- Income tax credit; taxpayer mentoring services...................................... 670, 744
HB 506-- County boards of equalization; appeals to superior court ....................... 670, 744
HB 507-- Watercraft; registration, operation, sale; minimum age.......................... 670, 744
HB 508-- Teachers Retirement; return to service; maintain benefits...................... 670, 744
HB 509-- Ad valorem tax; fair market value; income tax credits; low-income housing.............................. 671, 744, 988, 1042, 1106, 2906, 3396
HB 510-- Controlled substances and dangerous drugs; amend listings ................................................... 671, 744, 876, 1002, 1019, 3381, 3675
HB 511-- County boards of equalization; appeals to superior court ....................... 671, 744

4054

INDEX

HB 512-- Holly Springs, City of; terms; mayor and council ........ 672, 744, 775, 777, 2790
HB 513-- Contracts; bond provisions; public works...... 672, 744, 1116, 1453, 1479, 2583, 3024
HB 514-- Atlanta, City of; homestead exemption................................................... 672, 744
HB 515-- Atlanta, City of; homestead exemption................................................... 673, 744
HB 516-- Mount Vernon, Town of; municipal judge; appointment ...... 673, 744, 775, 777, 2790
HB 517-- Fulton County; homestead exemption..................................................... 673, 744
HB 518-- Fulton County; homestead exemption..................................................... 673, 744
HB 519-- Equal employment; persons with disabilities; certain blood disorders ...................................................................................... 674, 744
HB 520-- Property sale for taxes; premium for redemption.................................... 674, 744
HB 521-- Telecommunications and cable services; civil damages for theft; public pay telephones; Public Service Commission regulate........................... 674, 744, 1537, 2184, 2258, 3348, 3534
HB 522-- Superior and state courts; election of judges .......................................... 675, 744
HB 523-- Courts; election of justices and judges.................................................... 675, 744
HB 524-- Right to Choose Your Attorney Act; enact ............................................. 675, 744
HB 525-- Health insurance; maternity benefits; notices ........... 676, 744, 1663, 1900, 2097
HB 526-- Motor vehicles; off-road vehicles; registration and licensing ................................................................................................ 676, 744
HB 527-- Juvenile courts; termination of proceeding; parental request ..................................................................... 676, 744, 1740, 2184, 2276
HB 528-- Drivers' licenses; persons under 18 years; change restrictions ............................................................................................. 676, 744
HB 529-- Farm tractors and equipment; regulation of dealers; amend .................................................................................................... 677, 744
HB 530-- Atlanta, City of; state court; solicitors; qualifications and salaries....................................................................... 677, 744, 986, 1128, 1312
HB 531-- Uniform rules of the road; shopping centers and parking lots ......................................................................................................... 677, 744
HB 532-- Student loans; suspension of professional licenses for default............................................................ 678, 744, 1537, 1741, 1865, 3358
HB 533-- Pistols and revolvers; licenses; definition of convicted .......................... 678, 744
HB 534-- Administrative Office of the Courts; collect unpaid fines ...................... 678, 744
HB 535-- Drivers' licenses; limited permit; additional purposes ............................ 679, 744
HB 536-- Drivers' licenses; suspension for controlled substances or marijuana conviction; amend provisions .............................................. 679, 744
HB 537-- Sexual offenses; change provisions relating to sexual assault.................................................................................................... 679, 744

INDEX

4055

HB 538-- Athletic contests and entertainment events; ticket scalping; ticket brokers and professional boxing; regulation by Georgia Athletic and Entertainment Commission ........... 680, 744, 864, 2184, 2221, 3346, 3461, 3480, 3607, 3609, 3703, 3849
HB 539-- Drivers education; public school courses; tax credit............................... 680, 744
HB 540-- Multi-lane highways; requirements when emergency vehicles stopped .................................................................................... 680, 744
HB 541-- Probate courts; fees and costs; comprehensive revision .... 681, 744, 1663, 1900, 2119, 3361
HB 542-- Bonds; registration; name of purchaser................................................... 681, 744
HB 543-- Natural gas; Public Service Commission regulate delivery .................... 681, 744
HB 544-- Fulton County; building authority; redefine project ............................... 682, 744
HB 545-- Smoking in health care institutions; prohibit .......................................... 682, 744
HB 546-- Tax executions; certain posted notices; prohibition................................ 682, 744
HB 547-- Unpaid taxes; certain elderly and lower income taxpayers; waive interest ........................................................................................ 683, 744
HB 548-- Motor vehicle insurance; liability settlements; notice to insured ................................................................................................... 683, 744
HB 549-- Education, State Board of and State School Superintendent; change powers............................................................. 683, 744
HB 550-- Local governments; service delivery strategy; utility franchise fees......................................................................................... 724, 773
HB 551-- Douglas County; homestead exemption; certain residents .... 724, 773, 878, 879, 2791
HB 552-- Employees' Retirement; redefine creditable service ............................... 724, 773
HB 553-- Homestead option sales tax; distribution of proceeds................... 724, 773, 1521
HB 554-- Education; certain advanced placement tests; payment ................ 725, 773, 1883
HB 555-- Unidentifiable sales tax; distribution of proceeds........................... 725, 773, 988
HB 556-- Turin, Town of; amend provisions................................ 725, 773, 878, 880, 2413
HB 557-- Judicial Retirement; survivors benefit fund; public retirement systems; contract with State Employees' Assurance Department .......................................................................... 726, 773
HB 558-- Sales tax; exempt sales to nonprofit organizations serving the mentally retarded..................................... 726, 773, 1521, 1741, 1863, 2907
HB 559-- Public Employees' Savings Plan; establish ............................................. 727, 773
HB 560-- Teachers Retirement; redefine creditable service ................................... 727, 773
HB 561-- Charlton County; homestead exemption; certain residents ... 727, 773, 878, 880, 2791
HB 562-- Wilkinson County; coroner; compensation .................. 727, 773, 878, 880, 2463
HB 563-- Smoking on public school buses; prohibit .............................................. 728, 773

4056

INDEX

HB 564-- Fulton County; homestead exemption; certain citizens .......................... 728, 773
HB 565-- Health insurance; coverage for neurological disorders; autism .................................................. 728, 773, 2166, 2305, 2324, 2787, 3061
HB 566-- Sales tax; eligible food and beverages; change exemption..................... 728, 773
HB 567-- Criminal trespass and damage to property; possession of certain tools; define offense .................................................................. 729, 773
HB 568-- Public roads and bridges; naming or renaming; prohibition ............................................................................................. 729, 773
HB 569-- Pleadings subsequent to original complaint; service of judgments; waiver; notification ................... 729, 773, 1520, 1666, 1691, 3359
HB 570-- Peace Officer Standards and Training Council; membership ........................................................................................... 730, 773
HB 571-- Judges of the Probate Courts Retirement; payments into fund ....................................................................................................... 730, 773
HB 572-- Income tax credits; low-income housing ................................................ 730, 773
HB 573-- Income tax credit; certain students ineligible for PROMISE teacher's scholarship ........................................................... 731, 773
HB 574-- Sandy Springs, City of; incorporate ........................................................ 731, 773
HB 575-- Sales tax; exempt sales by or to certain religious entities ....................... 731, 773
HB 576-- Candler County; county administrator; amend provisions .... 731, 773, 878, 880, 2463
HB 577-- Insurance premium tax; reduce rate; amend provisions.......................... 732, 774
HB 578-- Tobacco Community Development Board; assign to Office of Planning and Budget ...................... 732, 774, 1116,1666, 1697, 2903
HB 579-- Criminal Justice Coordinating Council; assign to Georgia Bureau of Investigation; Georgia Police Academy; status of director ............................................ 732, 774, 1116, 1541, 1624, 2904, 3076
HB 580-- Children and Youth Coordinating Council; assign to Department of Juvenile Justice ..................... 732, 774, 1116, 1666, 1696, 2904
HB 581-- Tobacco products; prohibit sales in vending machines ....... 733, 774, 988, 1453, 1517
HB 582-- Revenue and Taxation Code; technical corrections; clarifications.................................................... 733, 774, 988, 1042, 1105, 3357
HB 583-- HOPE scholarships; certain part-time students; eligibility ..................... 733, 774
HB 584-- Special county 1 percent sales tax; change purposes .............................. 734, 774
HB 585-- Pharmacy benefit managers; licensing and inspection ...... 734, 774, 1026, 1666, 1693
HB 586-- Extraordinary motion for new trial; certain child support cases; new evidence .............................................................................. 734, 773
HB 587-- Environmental Protection Division; rules and regulations; risk assessment and cost benefit analysis.............................................. 734, 773

INDEX

4057

HB 588-- Income tax; exclusion; qualified education related expenses ................................................................................................ 735, 773
HB 589-- Income tax credit; certain charitable donations ...................................... 735, 773
HB 590-- Sales tax; dealer compensation; increase deduction ............................... 735, 773
HB 591-- High school nonvocational laboratory program; funding ....................... 736, 773
HB 592-- Education; complaint hearings; provisions ............................................. 736, 773
HB 593-- Temporary Assistance for Needy Families; qualified aliens; eligibility.................................. 736, 773, 1041, 2184, 2267, 3345, 3672
HB 594-- Motor vehicle hijacking; serious violent felony...................................... 737, 773
HB 595-- Controlled substances or marijuana; nonliability of law enforcement officers; disposition of seized property............................ 737, 773
HB 596-- Income tax; capital gains......................................................................... 737, 773
HB 597-- Court reporters; receive counsel for actions and proceedings ............................................................. 738, 773, 1520, 2184, 2302
HB 598-- Ad valorem tax; millage rate; public hearing.......................................... 738, 773
HB 599-- Teachers Retirement; creditable service for unused sick leave ..................................................................................................... 738, 773
HB 600-- Employees' Retirement; transfers to Teachers Retirement; unused sick leave................................................................................... 739, 773
HB 601-- Revenue shortfall reserve; change amount .... 739, 773, 1115, 1453, 1515, 2788, 3071
HB 602-- Teachers Retirement; certain blackboard teachers; additional benefit................................................................................... 739, 773
HB 603-- Teachers Retirement; creditable service for certain absences................................................................................................. 740, 773
HB 604-- Teachers Retirement; certain accrued sick leave; creditable service................................................................................... 740, 773
HB 605-- Employees' Retirement; certain military service; creditable service................................................................................... 740, 773
HB 606-- Employees' Retirement; certain law assistants; membership ........................................................................................... 741, 773
HB 607-- Income tax credits; qualified business expansion; employee transportation benefits; tax deduction; minority subcontractors....................... 741, 773, 1116, 1666, 1719, 2788, 3008
HB 608-- Peace Officers' Annuity and Benefit; county jail officers; membership ........................................................................................... 741, 773
HB 609-- Alternative income tax credits; port traffic increases .......... 741, 773, 988, 1128, 1305, 2795, 3536
HB 610-- Sales tax; exempt film production and digital broadcast equipment............... 742, 773, 988, 1128, 1310, 2908, 3078, 3380, 3451, 3481, 3668, 3849

4058

INDEX

HB 611-- Income tax credit; corporation assign to affiliated corporation ............................................................................................ 742, 773
HB 612-- Employees' Retirement; Municipal Employees Benefit; invest assets............................................................. 742, 773, 1451, 1666, 1704
HB 613-- Child custody; interference with visitation rights; expedited hearing .................................................................................. 771, 876
HB 614-- Zoning; certain moratorium; exemption from requirements.......................................................................................... 771, 876
HB 615-- Anatomical gifts; donees; certain written disclosures ....... 771, 876, 1537, 1900, 2107
HB 616-- Mountain Park, City of; homestead exemption ............ 771, 876, 917, 919, 2192
HB 617-- Stapleton, City of; mayor and council; elections .......... 772, 876, 917, 919, 2192
HB 618-- Educational entities; disciplinary orders ................... 772, 876, 1883, 2184, 2247
HB 619-- Education; disciplinary decisions; appeals.................................... 772, 876, 1883
HB 620-- Wayne County; homestead exemption; certain residents ...... 773, 876, 917, 919, 2463
HB 621-- Emergency services and emergency medical providers; redefine.................................................................................................. 868, 915
HB 622-- Insurance; emergency health care provider; redefine ............................. 868, 915
HB 623-- DeKalb County; collection of school taxes by tax commissioner ........................................................................ 868, 915, 946, 947
HB 624-- Income tax tables; net income brackets; change certain provisions .............................................................................................. 868, 915
HB 625-- Judicial Retirement; transfer from local system; creditable service ................................................................................................... 869, 915
HB 626-- Walton County; homestead exemption ................................... 869, 915, 946, 948
HB 627-- Legislative Retirement; election of coverage; change date..................... 869, 915
HB 628-- Open records; exempt certain data from motor vehicle accident reports ..................................................................................... 870, 915
HB 629-- Insurance; certain cancellation; written consent ..................................... 870, 915
HB 630-- Crimes; certain protective order; incapacitated adult.............................. 870, 915
HB 631-- Open records; exempt certain photographs of dead bodies ......... 871, 915, 1027, 1741, 1881
HB 632-- Physicians; office based surgical settings; regulate ........................ 871, 915, 916
HB 633-- The Mighty Eighth Air Force Heritage Museum; designate official center for character education .... 871, 915, 1883, 2184, 2277
HB 634-- Crimes; offense of aggravated sexual assault; penalties............... 872, 915, 1126
HB 635-- Guardian of property; same as guardian of person; exception ............................................................................................... 872, 915
HB 636-- Shrimping; foot-rope length maximum; exceptions .......... 872, 915, 1728, 1900, 2089, 3836

INDEX

4059

HB 637-- Natural gas competition and deregulation; amend provisions; Electric Membership Corporation gas affiliate .................................................................................................. 873, 915
HB 638-- Georgia Health Care Act; enact ............................................................. 873, 915
HB 639-- Wills; Revised Probate Code of 1998; amend provisions............. 873, 915, 1663
HB 640-- Public School Employees Retirement; increase maximum benefit.................................................................................................... 874, 915
HB 641-- Cosmetologists; registration; qualifications... 874, 915, 1537, 1900, 2110, 3349, 3613, 3838
HB 642-- Juvenile Discovery Act; enact .................................. 874, 915, 1884, 2184, 2278
HB 643-- Workers' compensation; certain exemptions; building permit requirements .............................................................................. 909, 944
HB 644-- Teachers Retirement; postretirement benefit increase ............................ 909, 945
HB 645-- Agriculture; warehousing; annual license....... 909, 945, 1025, 1128, 1304, 3359
HB 646-- Wills; renunciation of future interests; provisions.... 910, 945, 1520, 2184, 2300
HB 647-- Dublin, City of; corporate limits ......................................... 910, 945, 1002, 1003
HB 648-- Property; foreclosure; advertisements of sales .................. 910, 945, 1663, 2184, 2265, 3361
HB 649-- Income tax credit; qualified child care expenses .................................... 910, 945
HB 650-- Water permeable surfaces; roads, sidewalks, parking lots; requirement ........................................................................................... 911, 945
HB 651-- Public school property; maximum length of lease; Increase ............................................... 911, 945, 1883, 2184, 2219, 3345, 3551
HB 652-- Health Care Work Force Shortage Act; enact........... 911, 945, 1026, 1541, 1626
HB 653-- Criminal procedure; rape; statute of limitations............................ 912, 945, 1740
HB 654-- Gwinnett County; community improvement districts; create ............................................................. 912, 945, 1002, 1003, 2922, 3304
HB 655-- Electric membership corporations; condemnation of certain property ..................................................................................... 912, 944
HB 656-- Education Reform Act of 2000; amend provisions ........... 912, 944, 1650, 1900, 2126, 2906, 2972, 3379, 3563, 3610, 3728, 3850
HB 657-- Crimes; Racketeer Influenced and Corrupt Organizations; redefine "pattern of racketeering activity" .. 940, 1000, 1885, 2184, 2244, 3837
HB 658-- Jails; convicted persons in local jails; transfer custody ... 940, 1000, 1539, 2184, 2215, 3349, 3666
HB 659-- Natural gas competition and deregulation; overcharges; marketer's liability............................................................................... 940, 1000
HB 660-- Public School Employees Retirement; age 60 or 30 years' service ................................................................................................. 941, 1000
HB 661-- Property; certain loss of value; compensation....................................... 941, 1000

4060

INDEX

HB 662-- Fiscal notes; delivery not in timely manner; no fiscal impact.................................................................................................. 941, 1000
HB 663-- Property and trusts; rule against perpetuities; optional exceptions............................................................................................ 942, 1000
HB 664-- Vital records; certain birth certificates; amend provisions ................... 942, 1000
HB 665-- Natural gas competition and deregulation; retail customer; alternative marketer....................................... 915, 945, 1026, 1541, 1617, 3356
HB 666-- Employees' Retirement; certain prior legal service; credit.................... 942, 1000
HB 667-- Cigarettes or tobacco; purchase by minors; driver's license suspension ............................................................................... 943, 1000
HB 668-- Crawfordville, City of; mayor, vice mayor, and council ........... 943, 1000, 1041, 1043, 2413
HB 669-- Motor vehicles; liability insurance; local governments; waiver of immunity ............................................................................. 943, 1000
HB 670-- Bremen, City of; school taxes; collection and payment ............ 944, 1000, 1041, 1043, 1674
HB 671-- Aggressive driving; define offense ....................................................... 944, 1000
HB 672-- Child support; amend provisions .......................................................... 990, 1039
HB 673-- Fire protection; smoke detectors; nursing homes .. 990, 1039, 1537, 1900, 2081, 2907, 3073
HB 674-- Health; breast-feeding in public places................... 990, 1039, 1537, 2305, 2331
HB 675-- Cobb County; state court solicitor-general and assistants ......... 990, 1039, 1127, 1128, 2791
HB 676-- Norcross, City of; corporate limits............................................. 991, 1039, 1452, 1455, 2463
HB 677-- Cobb County; state court clerk and chief deputy.... 991, 1039, 1127, 1128, 1674
HB 678-- Uniform rules of the road; enforcement; standard fines for speeding; traffic control devices ....... 991, 1039, 1885, 2184, 2289, 3344, 3663
HB 679-- Natural gas competition and deregulation; Electric Membership Corporation gas affiliates; amend provisions ............................................................................................ 992, 1039
HB 680-- Thomas County; emergency services board; amend provisions .............................................................. 992, 1039, 1127, 1129, 1675
HB 681-- Georgia Courts Automation Commission; advisory council; Georgia Technology Authority ............... 992, 1039, 1520, 2184, 2245
HB 682-- Income tax credit; child care expenses.................................................. 992, 1039
HB 683-- Court bailiffs; compensation ................................................................. 993, 1039
HB 684-- Special license plates; Trout Unlimited ................................................ 993, 1039
HB 685-- Crawford County; coroner and deputy; compensation .... 993, 1039, 1127, 1129, 1675
HB 686-- Child advocate; motion to quash subpoenas; provisions ........... 994, 1039, 1519, 1900, 2093, 2788, 3058

INDEX

4061

HB 687-- Superior court clerks; council; Technology Improvement Fund..................................................................................................... 994, 1039
HB 688-- Elections; certain driver's license or identification card; proof of voter registration ................................................................... 994, 1039
HB 689-- Authentic historical Georgia license plate; redefine........ 995, 1039, 2167, 2305, 2335
HB 690-- Crimes and offenses; forcible misdemeanor; redefine ..... 995, 1039, 1040, 1740
HB 691-- Firearms; license to carry; prohibition; redefine "convicted".................................................. 996, 1039, 1040, 1538, 2305, 2317
HB 692-- Superior court clerks; bonds; juvenile court clerks; provisions ............................................................................................ 996, 1039
HB 693-- Superior court clerks; documents and instruments; rules and responsibilities.............................................................................. 997, 1039
HB 694-- Ware County; homestead exemption ...................... 997, 1039, 1452, 1453, 2791
HB 695-- State Financing and Investment Commission; capital outlay; grant administration; income earned on certain appropriations.................................... 997, 1039, 1115, 2184, 2299, 2788, 3067
HB 696-- Open records; emergency "911" calls; redact certain information............................................................ 998, 1039, 1520, 1666, 1721
HB 697-- Richmond Hill, City of; delinquent ad valorem taxes; interest ................................................................... 998, 1039, 1127, 1129, 1675
HB 698-- Historic preservation; archeological artifacts; state archeologist's duties .................................... 998, 1039, 1536, 1900, 2123, 2786
HB 699-- Real estate transfer tax; exempt certain instruments and writings................................................................................................ 998, 1039
HB 700-- Legislative Services Committee; meetings; twice yearly .......... 999, 1039, 1898, 2305, 2307, 2904
HB 701-- Fair business practices; career consulting firm; administrator's authority............................ 1030, 1125, 1520, 1900, 2086, 3359
HB 702-- Stephens County; board of commisssioners; qualifications .... 1030, 1125, 1452, 1456, 1923
HB 703-- Effingham County; board of commissioners; compensation ...................................................... 1030, 1125, 1452, 1456, 1923
HB 704-- Toccoa, City of; commission members; qualifications ........... 1030, 1125, 1452, 1456, 1923
HB 705-- Hall County; homestead exemption; certain residents .. 1031, 1125, 1899, 1901, 3351
HB 706-- Motor vehicle insurance; claims payments; lien holder and claimant ...................................................................................... 1031, 1125
HB 707-- Ad valorem tax; freeport; include business inventory of taxpayer ............................................................................................. 1031, 1125
HB 708-- Mass transit; advertising; limitation on prohibitions .......................... 1032, 1125

4062

INDEX

HB 709-- Income tax credits; certain businesses in border counties .................. 1032, 1125
HB 710-- Moultrie, City of; corporate limits ..................1032, 1125, 1452, 1457, 2192
HB 711-- State employees' health insurance plans; prescription drugs; senior citizens......................................................................... 1033, 1125
HB 712-- Education; disciplinary decisions; appeals.......................................... 1033, 1125
HB 713-- Voter registration; driver's license location; proof.............................. 1033, 1125
HB 714-- Property dedication; land for public road; presumptions .................... 1034, 1125
HB 715-- Thomas County; probate court judge; nonpartisan......... 1034, 1125, 1452, 1457
HB 716-- Fair Insurance Business Practices Act of 2001; enact ........................ 1034, 1125
HB 717-- Judicial circuits; certain law assistants; compensation ....................... 1034, 1125 HB 718-- Schools; indoor air quality; annual inspections .... 1035, 1125, 1883, 2184, 2269
HB 719-- Veterinary medicine; substantial revision; State Board; provisions .......................................................................................... 1035, 1125
HB 720-- Insurance; health care insurers; explanation of benefits statements.......................................................................................... 1035, 1125
HB 721-- Educational programs; assessment; student performance; length of attendance .......................................................................... 1036, 1125
HB 722-- Sales tax exemption; packaging materials; amend provisions .......................................................................................... 1036, 1125
HB 723-- Commission on the Holocaust; additional powers......... 1036, 1125, 1537, 1741, 1866, 2787, 3064
HB 724-- County boards of education; inclusion in certain health insurance plans ...................... 1037, 1125, 1626, 1883, 2305, 2328, 3348, 3634
HB 725-- Personal purchases through Georgia Technology Authority; prohibition; exemption ........... 1037, 1125, 1538, 1741, 1873, 3346, 3571
HB 726-- Floyd County; homestead exemptions; certain persons .......... 1119, 1450, 1540, 1542, 2192
HB 727-- Beer or wine; consumer purchases; dealers extend credit .................. 1119, 1450
HB 728-- Contracts; tractors or farm equipment dealers; regulate ..................... 1119, 1450
HB 729-- Criminal trespass and damage to property; graffiti materials; possession or sale ............................................................. 1120, 1450
HB 730-- Supplemental appropriations; Department of Labor ..... 1120, 1450, 2166, 2305, 2326, 2786
HB 731-- Dangerous dog owners; liability insurance........... 1120, 1450, 2166, 2305, 2332
HB 732-- Jasper, City of; corporate limits .......................................................... 1121, 1450
HB 733-- Massage Therapists, Board of; create ................................................. 1121, 1450
HB 734-- Inmates; certain volunteer services; provisions ... 1121, 1450, 1540, 1741, 1867, 3350, 3636, 3641, 3680, 3681, 3805, 3850

INDEX

4063

HB 735-- Gilmer County; board of commissioners; compensation ........ 1121, 1450, 1540, 1542, 2193
HB 736-- Private investigators and security guards; licensure; reciprocity agreements .............................. 1122, 1450, 2181, 2305, 2306, 2905
HB 737-- Litigation costs; frivolous lawsuits; prior action expenses ...... 1122, 1450, 1520, 1666, 1711, 3360
HB 738-- Minority business enterprise; redefine "minority".......... 1122, 1450, 1537, 2305
HB 739-- Public School Employees Retirement; age 60 or 30 years' service ............................................................................................... 1122, 1451
HB 740-- Teachers Retirement; 29 years of creditable service........................... 1123, 1451
HB 741-- Civil cases; default judgment; waiver of jury trial.............................. 1123, 1450
HB 742-- Hunting without landowner's permission; penalties ...... 1123, 1450, 1651, 2185, 2266, 2786
HB 743-- Substance Abuse and Crime Prevention Act of 2001; enact .............................................................................. 1124, 1450, 1740, 2185
HB 744-- Power Alley Development Authority Act; enact ........... 1124, 1450, 1538, 1741, 1879
HB 745-- Liberty County; state court; judge and solicitor-general ......... 1444, 1535, 1664, 1666, 2464
HB 746-- Liberty County; board of education; compensation ...... 1444, 1535, 1665, 1667, 2464
HB 747-- Driving under the influence; additional penalty; victim compensation; memorial marker......................... 1444, 1535, 1884, 2305, 2320
HB 748-- Byron, City of; corporate limits ............................ 1445, 1535, 1665, 1667, 2193
HB 749-- Byron, City of; condemnation powers .................. 1445, 1535, 1665, 1667, 2193
HB 750-- Insurance; termination of group coverage; notification ............ 1445, 1535, 2166
HB 751-- Midway, City of; mayor; term limits .................... 1445, 1535, 1665, 1667, 2464
HB 752-- Chattahoochee County; board of education; compensation .... 1446, 1535, 1665, 1668, 2193
HB 753-- Cobb County; probate court; sheriff's employees........... 1446, 1535, 1665,1668, 2193
HB 754-- Employees' Retirement; appellate court judges; 12 years' service ............................................................................................... 1446, 1535
HB 755-- Gordon County; coroner and deputies; compensation... 1446, 1535, 1740, 1742, 2414
HB 756-- Coweta County; water and sewerage authority; create............ 1447, 1535, 1665, 1668, 2194
HB 757-- Gordon County; board of elections and registration; create .... 1447, 1535, 1664, 1668, 2194
HB 758-- Henry County; state court; clerk and deputy clerks....... 1447, 1535, 1665, 1669, 2194

4064

INDEX

HB 759-- Cobb County; state court; judges and associate judges ........... 1447, 1535, 1665, 1669, 2194
HB 760-- Braselton, Town of; council districts; provisions .......... 1448, 1535, 2447, 2448, 3351
HB 761-- Woodstock, City of; homestead exemption; certain residents ................................................................................. 1448, 1535, 1665, 1669, 2194
HB 762-- Catoosa County; sheriff; vacancies....................... 1448, 1535, 1665, 1670, 2194
HB 763-- Causing death or injury; losing control of vehicle; medication ......................................................................................... 1448, 1535
HB 764-- Annexation; unincorporated islands; objection provisions ................. 1449, 1535
HB 765-- Teachers Retirement; creditable service; early childhood development service.......................................................................... 1524, 1661
HB 766-- Motor vehicle warranty rights; reasonable offset; leases.................... 1524, 1661
HB 767-- State flag; certain funerals; Secretary of State provide....................... 1524, 1661
HB 768-- Cherokee County; sheriff; vacancies .................... 1525, 1661, 1740, 1743, 2413
HB 769-- Cherokee County; magistrate court; county law library fees ...................................................................... 1525, 1661, 1740, 1743, 2414
HB 770-- Cherokee County Local Government and Education Study Commission; create .................................. 1525, 1661, 1740, 1743, 2414
HB 771-- Gwinnett Judicial Circuit; add judge................................................... 1525, 1661
HB 772-- Electrical, plumbing, and conditioned air contractors; continuing education; licensure......................................................... 1526, 1661
HB 773-- Cobb County; probate court judge and clerk; compensation ...................................................... 1526, 1661, 1899, 1901, 3832
HB 774-- Character education; certain state officials and employees ................ 1526, 1661
HB 775-- Character education; certain state officials and employees ................ 1527, 1662
HB 776-- Property owners' associations; assessments; street repairs ................. 1527, 1662
HB 777-- Homestead option sales tax; proceeds; certain municipal projects .............................................................................................. 1527, 1662
HB 778-- Jasper, City of; corporate limits ............................ 1528, 1662, 1740, 1744, 2414
HB 779-- Carlton, City of; new charter ................................ 1528, 1662, 1740, 1744, 2414
HB 780-- Hotel-motel tax; counties and municipalities; amend provisions .................................................. 1528, 1662, 1899, 2305, 2343, 2904
HB 781-- Carnesville, City of; new charter .......................... 1528, 1662, 1740, 1744, 2414
HB 782-- Creating rules of law on retroactive basis; prohibit ............................ 1529, 1662
HB 783-- Forfeited property; distribution; land bank authorities ............ 1529, 1662, 1740, 2185, 2216
HB 784-- Physicians; office based surgical settings; regulate ....... 1529, 1651, 1662, 1900, 2085

INDEX

4065

HB 785-- Employees' Retirement; membership; Georgia Rail Passenger Authority .......................................................................... 1530, 1662
HB 786-- Sumter County; board of elections and registration; create..... 1530, 1661, 1740, 1744, 2414
HB 787-- Camden County; board of education; compensation ..... 1530, 1661, 1740, 1744, 2415
HB 788-- Irwin County; vehicle registration period ............. 1531, 1661, 1740, 1745, 3832
HB 789-- Vidalia onion; redefine.............................................................. 1531, 1661, 2165
HB 790-- Fulton County; homestead exemption; certain residents .................... 1531, 1661
HB 791-- Penal institutions; split sentence probationers; supervision .... 1531, 1661, 1886, 2185
HB 792-- Victim compensation; special license plates; child abuse prevention.......................................................................................... 1654, 1738
HB 793-- Athens-Clarke County; unified government; mayor and commissioners..................................................... 1654, 1738, 1899, 1901, 2791
HB 794-- Peace Officers' Annuity and Benefit; certain fraud investigators; membership ................................................................ 1654, 1738
HB 795-- Towns County; board of elections; provisions ..... 1655, 1738, 1899, 1902, 3352
HB 796-- Greene County; family connection commission; add member................................................................ 1655, 1738, 1899, 1902, 3352
HB 797-- Colquitt County; county administrator; discretionary purchases ............................................................. 1655, 1738, 1899, 1902, 3352
HB 798-- Union County; board of elections; provisions ...... 1655, 1738, 1899, 1902, 3352
HB 799-- Annexation; certain areas; limited moratorium................................... 1656, 1738
HB 800-- Child custody; additional consideration; court determination..................................................................................... 1656, 1738
HB 801-- Education; certain non-graduates; assistance and training.................. 1656, 1738
HB 802-- Superior court clerks; financing statements; filing fees...................... 1656, 1738
HB 803-- State Public Transportation Fund; limitations; expenditures and use of proceeds...................................................... 1657, 1738
HB 804-- Income tax tables; net income brackets; change certain provisions .......................................................................................... 1657, 1738
HB 805-- Atlanta Judicial Circuit; add judge...................................................... 1657, 1738
HB 806-- Special county 1 percent sales tax; disbursement; requirements...................................................................................... 1658, 1738
HB 807-- Laurens County Public Facilities Authority; create....... 1658, 1738, 1899, 1903, 2791
HB 808-- Centerville, City of; corporate limits .................... 1658, 1738, 1899, 1903, 3352
HB 809-- Restaurant Franchise Relations Act; enact ........... 1534, 1661, 1884, 2185, 2212
HB 810-- Certiorari and appeals to appellate courts; certain capital offenses; amend provisions... 1534, 1661, 1740, 2185, 2301, 3344, 3659, 3848

4066

INDEX

HB 811-- Pike County; Keep Pike Beautiful Authority; name change ................................................................. 1658, 1738, 1899, 1903, 3352
HB 812-- Income tax; taxable net income; capital gains .......................... 1659, 1738, 1739
HB 813-- State deferred compensation plans; include local school systems ...................................................... 1534, 1661, 1664, 2185, 2207, 3837
HB 814-- Voter Choice and Election Access Reform Act of 2001; enact .................................................................................................. 1659, 1738
HB 815-- Daisy, City of; new charter ................................... 1660, 1738, 1899, 1903, 3352
HB 816-- Education; curriculum; history, literature, culture of ancient Middle East........................................................................... 1732, 1898
HB 817-- Teachers Retirement; service at low-performing school; credit.................................................................................................. 1732, 1898
HB 818-- Education; bill of rights for teachers; enact ........................................ 1732, 1898
HB 819-- Haralson County; board of elections and registration; create ................................................................... 1732, 1898, 2183, 2185, 2792
HB 820-- Glynn County; board of commissioners; salary... 1733, 1898, 2183, 2185, 2581, 2587
HB 821-- Ad valorem tax; exempt nonprofit homes for aged ............................ 1733, 1898
HB 822-- Teachers Retirement; certain postretirement benefit .......................... 1733, 1898
HB 823-- Cobb County; tax commissioner and chief clerk; salaries....... 1733, 1898, 2183, 2186, 2789, 3090
HB 824-- Municipal courts; marijuana possession; summons or citation............................................................................................... 1734, 1898
HB 825-- Health services and clinical laboratories; prohibitions ....................... 1734, 1898
HB 826-- Jefferson, City of; new charter.............................. 1734, 1898, 2183, 2186, 3352
HB 827-- Sales tax; exempt certain nonprofit neighborhood associations ....................................................................................... 1735, 1898
HB 828-- Orthotics, Prosthetics, and Pedorthics Practice Act; enact; create Board ...................................................................................... 1735, 1898
HB 829-- Sheriffs; certain service in civil cases; increase fee............................ 1735, 1898
HB 830-- Dahlonega, City of; water and sewerage authority; create ...... 1888, 2180, 2368, 2371, 2792
HB 831-- Kennesaw, City of; corporate limits ..................... 1888, 2180, 2368, 2371, 2795
HB 832-- Elbert County; state court judge and solicitor; salaries ........... 1888, 2180, 2368, 2372, 2792
HB 833-- Bartow County; commissioner; compensation ..... 1888, 2180, 2447, 2456, 3832
HB 834-- Henry County; homestead exemptions; certain residents........ 1889, 2180, 2368, 2372, 2792
HB 835-- Comer, City of; mayor or council; vacancies ....... 1889, 2180, 2368, 2372, 2792
HB 836-- Canton, City of; homestead exemption; certain residents ....... 1889, 2180, 2447, 2456, 3353

INDEX

4067

HB 837-- Richmond County; probate court judge; compensation .......... 1889, 2180, 2406, 2407
HB 838-- Fargo, City of; corporate limits............................. 1890, 2180, 2368, 2373, 3353
HB 839-- Voter Choice and Ballot Retention Reform Act of 2001; enact .................................................................................................. 1890, 2180
HB 840-- Lamar County; board of education; compensation........ 1890, 2180, 2368, 2373, 2792
HB 841-- Education; certificated personnel; evaluation ..................................... 1891, 2180
HB 842-- Superior Court Clerks' Retirement; state court clerks; membership ....................................................................................... 1891, 2180
HB 843-- County boards of tax assessors; length of appointments .................... 1891, 2180
HB 844-- Marriage ceremonies; authorize mayors to perform ........................... 1891, 2180
HB 845-- Cobb County; deputy superior court clerk; compensation ...... 1892, 2180, 2368, 2373, 2792
HB 846-- Talbot County; board of commissioners; compensation ......... 1892, 2180, 2368, 2373, 2793
HB 847-- Rome, City of; homestead exemptions; certain residents........ 1892, 2181, 2368, 2374, 2793
HB 848-- Public school employees; salary schedule; first payment ................... 1893, 2181
HB 849-- Gainesville, City of; homestead exemption; certain residents .............................................................. 1893, 2181, 2368, 2374, 2793
HB 850-- Bloomingdale, City of; elections; terms of office.......... 1893, 2181, 2368, 2374, 2793
HB 851-- Drivers' licenses; redefine resident ..................................................... 1894, 2181
HB 852-- Computer pornography and child exploitation; increase penalties............................................................................................. 1894, 2181
HB 853-- Shiloh, City of; new charter .................................. 2177, 2366, 2406, 2408, 3353
HB 854-- Tallapoosa Judicial Circuit; juvenile court judge; compensation ...................................................... 2177, 2366, 2406, 2408, 3353
HB 855-- Colquitt County; family connection collaborative on children and families; create ............................... 2177, 2366, 2406, 2408, 3353
HB 856-- Augusta-Richmond County Coliseum Authority; membership ....................................................................................... 2177, 2366
HB 857-- Cobb County; board of commissioners; compensation ........... 2177, 2366, 2406, 2408, 3833
HB 858-- Water withdrawal permits; interbasin transfer; prohibit ..................... 2178, 2366
HB 859-- Witnesses; hearing impaired persons; qualified interpreters......................................................................................... 2178, 2366
HB 860-- Banks County; homestead exemption; certain residents ......... 2178, 2366, 2406, 2409, 3353
HB 861-- Banks County; family connection commission; create............ 2179, 2366, 2406, 2409, 3353

4068

INDEX

HB 862-- Savannah, City of; homestead exemption; eligibility without application.............................................. 1895, 2181, 2368, 2375, 2794
HB 863-- Vernonburg, City of; homestead exemption; eligibility without application.............................................. 1895, 2181, 2368, 2375, 2794
HB 864-- Garden City, City of; homestead exemption; eligibility without application........................................................ 1895, 2181, 2948, 3833
HB 865-- Tybee Island, City of; homestead exemption; eligibility without application.............................................. 1896, 2181, 2368, 2375, 2794
HB 866-- Pooler, City of; homestead exemption; eligibility without application........................................................... 1896, 2181, 2368, 2376, 2794
HB 867-- Bloomingdale, City of; homestead exemption; eligibility without application.............................................. 1896, 2181, 2368, 2376, 2794
HB 868-- Chatham County; homestead exemption; eligibility without application.............................................. 1896, 2181, 2368, 2376, 2794
HB 869-- Port Wentworth, City of; homestead exemption; eligibility without application ............................. 1897, 2180, 2368, 2377, 2795
HB 870-- Thunderbolt, City of; homestead exemption; eligibility without application.............................................. 1897, 2180, 2368, 2377, 2795
HB 871-- Chatham County; homestead exemption; school district taxes; eligibility without application................... 1897, 2180, 2368, 2377, 2795
HB 872-- DeKalb County; sheriff; vacancies ................................. 2179, 2366, 2406, 2407
HB 873-- Gwinnett County; sheriff; vacancies..................... 2179, 2366, 2406, 2409, 3354
HB 874-- Effingham County; industrial development authority; add members .............................................................. 2179, 2366, 2406, 2409, 3833
HB 875-- Joint development authorities; withdrawal from participation....................................................................................... 2363, 2405
HB 876-- Fort Oglethorpe, City of; city manager; mayor .... 2363, 2405, 2514, 2516, 3354
HB 877-- Cobb County; juvenile court judges; compensation ...... 2363, 2405, 2447, 2459, 3833
HB 878-- Business and occupation taxes; excessive regulatory fees; remedies ............................................................................................ 2363, 2405
HB 879-- South Georgia Governmental Services Authority; create........ 2364, 2405, 2447, 2459, 3833
HB 880-- Walker County; sheriff; vacancies........................ 2364, 2405, 2918, 2920, 3834
HB 881-- Paulding County; board of commissioners; amend provisions ............................................................ 2364, 2405, 2447, 2460, 3834
HB 882-- Sumter County; livestock authority; membership ......... 2364, 2405, 2447, 2460, 3834
HB 883-- Viatical Settlements Act; enact ........................................................... 2365, 2405
HB 884-- Adel/Cook County Tourism Authority; create ..... 2365, 2405, 2447, 2460, 3834
HB 885-- Interstate Compact for Adult Offender Supervision; enact ...... 2400, 2444, 2901

INDEX

4069

HB 886-- Sales tax; exempt certain clothing and equipment; limited time.................................................................................................... 2400, 2444
HB 887-- Sales tax; exempt certain clothing and equipment; limited time.................................................................................................... 2400, 2444
HB 888-- Hancock County; commission chairperson; salary........ 2401, 2444, 2514, 2516, 3354
HB 889-- Madison County; coroner; compensation ............. 2401, 2444, 2514, 2516, 3354
HB 890-- Madison County; sheriff; vacancies...................... 2401, 2444, 2514, 2517, 3354
HB 891-- Oxford, City of; new charter ................................. 2402, 2444, 2515, 2517, 3354
HB 892-- Harlem, City of; mayor and council; terms .......... 2402, 2444, 2515, 2517, 3354
HB 893-- Newborn, Town of; new charter ........................... 2402, 2444, 2515, 2517, 3355
HB 894-- Decatur, City of; homestead exemption; certain residents ...... 2402, 2444, 2515, 2546, 3355
HB 895-- Dawson County; homestead exemptions; certain residents..... 2403, 2444, 2514, 2547, 3355
HB 896-- Early County; state court; district attorney serve as solicitor-general .................................................. 2403, 2444, 2514, 2547, 3355
HB 897-- Wilkes County; board of education; compensation ....... 2403, 2444, 2514, 2548, 3355
HB 898-- Fort Oglethorpe, City of; homestead exemption; certain residents .............................................................. 2404, 2444, 2514, 2548, 3356
HB 899-- Pineview, Town of; new charter ........................... 2404, 2444, 2515, 2548, 3356
HB 900-- Income tax credits; qualified personal mass transportation expenses ............................................................................................ 2438, 2513
HB 901-- Insurance; arbitration; denial of coverage or refusal to pay claim.................................................................................................. 2438, 2513
HB 902-- Teachers Retirement; public school employees; certain membership ....................................................................................... 2438, 2513
HB 903-- Peach County; board of education; compensation......... 2439, 2513, 2764, 2766, 3834
HB 904-- Columbia County; sheriff; vacancies.................... 2439, 2513, 2764, 2767, 3834
HB 905-- Columbia County; coroner; compensation ........... 2439, 2513, 2764, 2767, 3834
HB 906-- Columbia County; certain supplemental compensation; calculation ........................................................... 2439, 2513, 2948, 2949, 3834
HB 907-- Forsyth County; board of commissioners; elections...... 2440, 2513, 2764, 2767, 3835
HB 908-- Appling County; board of commissioners; compensation; powers ................................................................. 2440, 2513, 2764, 2774, 3835
HB 909-- Graham, City of; elections; terms of office .......... 2440, 2513, 2765, 2774, 3835
HB 910-- Carroll County; sales tax for education; distribution of proceeds .............................................................. 2440, 2513, 2765, 2775, 3835
HB 911-- Ad valorem tax; preferential assessments; nonresidents..................... 2510, 2764

4070

INDEX

HB 912-- Employees' Retirement; certain juvenile detention facility service; credit .................................................................................... 2510, 2764
HB 913-- Abandonment of public roads; utility systems; removal of lines ................................................................................................... 2510, 2764
HB 914-- Chatham County; bridges over marshlands; prohibition; exception ........................................................................................... 2441, 2513
HB 915-- Chatham County; coastal hammocks; prohibit landdisturbing activities ........................................................................... 2441, 2513
HB 916-- Public Employees Labor Relations Act; enact.................................... 2511, 2764
HB 917-- Standby Guardianship Act; enact........................................................ 2511, 2764
HB 918-- Dade County; homestead exemption................................................... 2442, 2513
HB 919-- Dade County; homestead exemption................................................... 2442, 2513
HB 920-- Turner County; coroner and deputy; compensation ...... 2442, 2513, 2765, 2775, 3378, 3482
HB 921-- Ashburn, City of; new charter............................... 2442, 2513, 2765, 2775, 3835
HB 922-- Monroe County; board of commissioners; compensation ....... 2443, 2513, 2765, 2775, 3835
HB 923-- Atlanta, City of; homestead exemption; certain residents ....... 2443, 2513, 2948, 2949, 3836
HB 924-- Statesboro, City of; downtown development authority; amend provisions ................................................ 2443, 2513, 2765, 2776, 3836
HB 925-- Sylvester, City of; city manager; mayor and council..... 2511, 2764, 2918, 2920, 3836
HB 926-- Business documents containing personal information; proper disposal .................................................................................. 2761, 2917
HB 927-- Anatomical gifts; for profit or not for profit entities; donor limit......................................................................................... 2762, 2917
HB 928-- Sales tax credit; railroad companies; fuel purchases........................... 2910, 3374
HB 929-- Teachers Retirement; eligibility; 5 years' service................................ 2911, 3374
HB 930-- Public School Employees Retirement; maximum benefit................... 2911, 3374
HB 931-- Employees' Retirement; full retirement benefit; certain reemployment.................................................................................... 2911, 3374
HB 932-- Stone Mountain Memorial Association; abolish; transfer powers to Department of Natural Resources .................................... 2912, 3374
HB 933-- Public officers and employees; conflicts of interest; certain business with government ..................................................... 2912, 3374
HB 934-- Teachers Retirement; additional benefit; over 30 years' service ............................................................................................... 2912, 3374
HB 935-- Peace Officers' Annuity and Benefit; certain reemployment; full retirement benefit............................................... 2913, 3374
HB 936-- Employees' Retirement; certain retirement benefit; 5 years' service ..................................................................................... 2913, 3374

INDEX

4071

HB 937-- Employees' Retirement; governor or lieutenant governor; 8 years' service .................................................................................. 2913, 3374
HB 938-- Income tax; abolish; conform certain OCGA references.................... 2914, 3374
HB 939-- Motor vehicles; lienholders; certain failure; liability.......................... 2914, 3374
HB 940-- Local Board of Education Freedom to Contract Act; enact................ 2914, 3374
HB 941-- Persons and their rights; unlawful discrimination; amend provisions .......................................................................................... 2914, 3374
HB 942-- Environmental Protection Division Agricultural Advisory Committee; create ............................................................................. 2915, 3374
HB 943-- Sales tax; exempt pollution control chemicals.................................... 2915, 3374
HB 944-- Municipal taxes; collection by county tax commissioner; amend provisions .............................................................................. 2915, 3374
HB 945-- Dog and cat sterilization program; license plates promoting .......................................................................................... 2916, 3374
HB 946-- Higher education savings plans; contributions; income tax exclusions.......................................................................................... 2916, 3374
HB 947-- Fulton County School Employees Pension; postretirement benefit.......................................................................................................... 3364
HB 948-- Courts; criminal case data; electronic transmission ...................................... 3364
HB 949-- Fulton County School Employees Pension; amend cost of living provisions.......................................................................................... 3364
HB 950-- Teachers Retirement; certain Department of Labor service; credit .............................................................................................. 3364
HB 951-- Health insurance coverage; colorectal cancer screening............................... 3365
HB 952-- Workers' compensation; farm laborers; amend provisions ........................... 3365
HB 953-- First trimester abortions; regulate certain facilities....................................... 3365
HB 954-- Torts; certain medical training programs; immunity..................................... 3365
HB 955-- Teachers Retirement; 25 years' service; obtain 3 additional years ........................................................................................... 3366
HB 956-- Education; certain manufacturer or vendor compensation; prohibit ........................................................................................................ 3366
HB 957-- Gas marketers and telemarketers; switching consumers' gas supplier.................................................................................................. 3366
HB 958-- Income tax; reduce rates; certain taxpayers .................................................. 3367
HB 959-- Motor vehicles; maximum speed limits; certain vehicles ............................. 3367
HB 960-- Vehicles and loads; unginned cotton; securing loads ................................... 3367
HB 961-- HOPE scholarships; redefine "eligible high school" .................................... 3368
HB 962-- Judicial Retirement; 30 years' service ........................................................... 3368
HB 963-- Judicial Retirement; certain military service; creditable service ......................................................................................................... 3368
HB 964-- Signs along public roads; change penalty provisions.................................... 3368

4072

INDEX

HB 965-- Patient Safety and Health Care Reporting Act; enact ................................... 3369
HB 966-- Employees' Retirement; certain prior service as governor or lieutenant governor; credit ...................................................................... 3369
HB 967-- Unemployment compensation; redefine employment; exempt certain services ............................................................................... 3369
HB 968-- Nurses; Multistate Compact; enact ............................................................... 3370
HB 969-- Pardons and paroles; define serious felony; minimum term ............................................................................................................. 3370
HB 970-- Employees' Retirement; certain defined contribution membership; transfer................................................................................... 3370
HB 971-- Criminal procedure; insanity plea; amend provisions................................... 3371
HB 972-- Employees' Retirement; certain indigent defense employment; credit...................................................................................... 3371
HB 973-- Georgia Tort Claims Act; state liability; amend provisions.......................... 3371
HB 974-- Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions ........................................................................................ 3372
HB 975-- Superior Court Clerks' Retirement; cost of living benefit; increase........................................................................................................ 3372
HB 976-- Education; certain advanced placement exam fees; payment ....................................................................................................... 3372
HB 977-- Schools; students committing offense of bullying; discipline ..................................................................................................... 3372
HB 978-- Hospitals; newborns; eligibility for medical assistance ................................ 3373
HB 979-- Guide Dogs for the Blind, State Board; create.............................................. 3373

PART III
HOUSE RESOLUTIONS
HR 1-- Ad valorem tax; property appraisal; acquisition date value - CA.......................................................................................................... 67, 86
HR 2-- House Study Committee on Medicare; create............................................ 85, 99 HR 3-- Notify Senate; House convened ........................................................................ 10 HR 4-- Rules of House; adopt ....................................................................................... 10 HR 5-- House; relative to officials, employees, and committees ............................ 12, 21 HR 6-- Joint session; recognize 250 Years of Representative
Government..................................................................................................... 16 HR 7-- Joint session; Governor's message; invite justices and
appellate judges......................................................................................... 17, 87 HR 8-- Joint session; message from Chief Justice of Supreme
Court.......................................................................................................... 18, 87 HR 9-- J. Donald Kilgore State Crime Lab; designate.................. 67, 86, 291, 325, 332,
2787, 3014 HR 10-- Georgia State Flag Advisory Commission; create ..................................... 68, 86 HR 11-- McIntosh High School Lady Chiefs and Chiefs soccer
teams; invite to House............................................................................... 21, 99 HR 12-- Starr's Mill High School 2000 Girls and Boys Varsity
Soccer Teams; invite to House.......................................................... 21, 99, 100 HR 13-- Westwood Wildcats High School football team; invite to
House............................................................................................... 22, 162, 163 HR 14-- Land, Water, Wildlife and Recreation Heritage Fund;
create - CA ............................................................................................... 68, 86 HR 15-- Adjournment; adjourn 1/12/01; reconvene 1/23/01 ................................... 88,141 HR 16-- Boy Scout Troop 535; invite to House.............................................. 89, 342, 347 HR 17-- Flint River Drought Protection Act; ratify rules ..... 98, 140, 357, 438, 609, 950,
1012 HR 18-- Forest resources; certain trade agreement; urge Congress
not rescind .............................................................................. 98, 140, 209, 265 HR 19-- Parkview High School Panthers football team; invite to
House......................................................................................... 100, 1027, 1048 HR 20-- Georgia Recreation and Parks Association; invite
representatives to House ............................................................... 100, 162, 163

4074

INDEX

HR 21-- Madison, Bishop S. C.; invite to House ...................................... 100, 2446, 2468 HR 22-- Georgia Masonic Lodges No. 131 and No. 135; invite to
House ............................................................................................ 100, 342, 347 HR 23-- Jones, Ray; compensate................................................................. 138, 160, 1115 HR 24-- Poole, Ronald; compensate ........................................................... 139, 160, 1115 HR 25-- Coastal Georgia Beach Renourishment Trust Fund; create
- CA....................................................................................................... 139, 160 HR 26-- House Insurance Rate Regulation Study Committee;
create ........................................................................................... 139, 160, 2757 HR 27-- Certain real property; removal from industrial area;
binding on successors - CA................................................................... 139, 160 HR 28-- Georgia Water Bill of Rights; proclaim .................................................. 140, 160 HR 29-- Silvers, Richard; commend ............................................................................. 147 HR 30-- Zingarelli, Nicholas; commend ....................................................................... 147 HR 31-- Sherrell, Trey; commend................................................................................. 147 HR 32-- Becham, Sheriff Johnnie V.; commend .......................................................... 147 HR 33-- Joint session; former state capitol in Milledgeville;
January 23, 2001 ................................................................................... 141, 165 HR 34-- Cocus, Trey, Dr. Roger C. (Bo) Ryles, and Dr. Gale A.
Buchanan; invite to House ............................................................ 145, 400, 406 HR 35-- Tedesco, Dr. Francis J.; invite to House ......................................... 145, 283, 305 HR 36-- Gwizdak, John F.; invite to House .................................................. 145, 162, 163 HR 37-- Cocus, Trey; commend ................................................................................... 147 HR 38-- Woodward, Jamie; commend.......................................................................... 147 HR 39-- Scott, Brandelyn; commend ............................................................................ 148 HR 40-- Beaver, Andy; commend................................................................................. 148 HR 41-- Haygood, Andrew; commend ......................................................................... 148 HR 42-- Nowicki, Jennifer; commend .......................................................................... 148 HR 43-- Davis, Jessie; commend .................................................................................. 148 HR 44-- McCarthy, Rachel; commend.......................................................................... 148 HR 45-- Murrah, Laurie; commend .............................................................................. 148 HR 46-- Murrah, Laurie; commend .............................................................................. 149 HR 47-- Scoggins, Jeremy; commend........................................................................... 149 HR 48-- Rice, Mollie; commend ................................................................................... 149 HR 49-- Scoggins, Jason; commend ............................................................................. 149 HR 50-- Scoggins, Josh; commend ............................................................................... 149 HR 51-- Turner, Seth; commend ................................................................................... 149 HR 52-- Sherman, Casey; commend ............................................................................. 150 HR 53-- Carter, Austin; commend ................................................................................ 150 HR 54-- Ball, Missy; commend..................................................................................... 150

INDEX

4075

HR 55-- Branan, Ashley; commend .............................................................................. 150 HR 56-- Evans, Jed; commend...................................................................................... 150 HR 57-- Walraven, Joseph; commend........................................................................... 150 HR 58-- Shealy, Erin; commend ................................................................................... 150 HR 59-- Gunn, US Navy Signalman Seaman Recruit Cherone
Louis; condolences........................................................................................ 151 HR 60-- Barrett, Kingsley; commend ........................................................................... 151 HR 61-- Moore, Stuart; commend................................................................................. 151 HR 62-- Ward, Henry O.; condolences ......................................................................... 151 HR 63-- Broome, Byron; condolences .......................................................................... 151 HR 64-- Parkview High School Panthers football team; commend.............................. 151 HR 65-- Alexander, William; condolences ................................................................... 152 HR 66-- Snipes, Reverend William Herbert; condolences............................................ 152 HR 67-- Shaw High School Football Team; commend................................................. 152 HR 68-- Sumner, Walter Edwin "Ed"; condolences ..................................................... 152 HR 69-- Westwood Wildcats High School football team;
commend ....................................................................................................... 152 HR 70-- Williams, Dr. Otis J., Jr.; commend ................................................................ 152 HR 71-- Ralston, Walker David, Jr.; commend ............................................................ 152 HR 72-- Vann, Laura; commend ................................................................................... 153 HR 73-- Wilkerson, Toni; commend............................................................................. 153 HR 74-- Clarke, Honey; commend................................................................................ 153 HR 75-- Jones, Tim; commend ..................................................................................... 153 HR 76-- Congregation Etz Chaim and Rabbi Shalom Lewis;
commend ....................................................................................................... 153 HR 77-- Thornton, Courtney; commend ....................................................................... 153 HR 78-- Grace, David M.; commend ............................................................................ 154 HR 79-- Hester, Nettie Lou Smallwood and Charles Wesley;
commend ....................................................................................................... 154 HR 80-- Mangham, Edward John; condolences............................................................ 154 HR 81-- Volunteer Blood Donor Month; recognize January, 2001 .............................. 154 HR 82-- Satcher, Kimberly; commend.......................................................................... 154 HR 83-- Davis, Melissa; commend ............................................................................... 154 HR 84-- Spandle, Steven; commend ............................................................................. 154 HR 85-- Brooks, Miranda; commend............................................................................ 155 HR 86-- Local boards of education; levy development impact fees
- CA....................................................................................................... 140, 160 HR 87-- Georgia National Guard; encourage young people to join.............................. 155

4076

INDEX

HR 88-- Bartow, Colquitt, Cook, Early, Franklin, Washington, Whitfield, Chatham, Pickens, and Burke counties; convey property........................................................... 189, 221, 324, 574, 612, 2582, 2888
HR 89-- SkyeLite Jazz Band of Savannah Arts Academy; commend ....................................................................................................... 169
HR 90-- Rules of House; amend Rules 6 and 29 ................................ 190, 221, 258, 274 HR 91-- Adjournment; adjourn 1/26/01; reconvene 1/29/01 ............................... 169, 260 HR 92-- Westwood Wildcats varsity cheerleaders; commend...................................... 171 HR 93-- Harrison High School Girls Golf Team; invite to House................ 171, 191, 194 HR 94-- Harrison High School Girls' Softball Team; invite to
House............................................................................................. 171, 191, 194 HR 95-- Harrison High School Girls Cross Country Team; invite
to House ........................................................................................ 171, 191, 194 HR 96-- Albany-Dougherty County Day at state capitol; declare
1/24/01; invite officials to House.................................................. 172, 191, 194 HR 97-- Girls and Women in Sports Day; recognize 2/8/01; invite
certain athletes to House ....................................................................... 172, 222 HR 98-- African American Business Enterprise Day; invite certain
persons to House ................................................................................... 172, 222 HR 99-- C. Lloyd Smith Parkway; designate ............................................... 190, 221, 560 HR 100-- State Legislatures, National Conference of; commend................................... 192 HR 101-- Social Security Act; urge Congress amend Title XXI;
PeachCare for Kids ...................................................... 219, 256, 356, 574, 628 HR 102-- Hamby, Valerie Louise; compensate ............. 220, 256, 1115, 1666, 1717, 2782 HR 103-- Dodson, Reverend Dr. E. Malone; commend ................................................ 196 HR 104-- Vinson, Honorable Carl; tribute...................................................................... 196 HR 105-- Hamby, Denval B.; commend ......................................................................... 196 HR 106-- Georgia National Guard Day; declare 4/30/01 ............................................... 194 HR 107-- Crosby, Lamar; commend ............................................................................... 196 HR 108-- Weddle, Larry; commend................................................................................ 196 HR 109-- Effingham County Day; recognize January 30, 2001 ..................................... 196 HR 110-- Mitton, Gerald Mark; commend ..................................................................... 196 HR 111-- Smith, Jim; commend...................................................................................... 197 HR 112-- Tillman, Debbie; commend............................................................................. 197 HR 113-- Adams, James Lee; commend......................................................................... 197 HR 114-- Woods, Sadie M. Woodruff; condolences ...................................................... 197 HR 115-- Little Richard; commend................................................................................. 197 HR 116-- Peters, Katie; commend .................................................................................. 197 HR 117-- Brim, Jim; commend ....................................................................................... 197

INDEX

4077

HR 118-- Tate, Nate; commend ...................................................................................... 197 HR 119-- Kennedy, Angela Sherice; condolences .......................................................... 198 HR 120-- Crews, Jesse, Jr.; commend............................................................................. 198 HR 121-- Corbin, Ruby Lee Wallace Griffin; condolences ............................................ 198 HR 122-- Fogaley, Adele; condolences........................................................................... 198 HR 123-- Conyers Lions Club; commend....................................................................... 198 HR 124-- Coastal Empire Council of the Boy Scouts of America;
invite to House .............................................................................. 208, 437, 444 HR 125-- Counties; create new ones; merge portions of others - CA.................... 220, 257 HR 126-- Tax defaulter; ineligible to hold public office - CA....................... 220, 257, 424 HR 127-- Georgia Southern University Football Team; invite to
House............................................................................................. 232, 283, 305 HR 128-- House Study Committee on Certified Professional
Midwifery; create ........................................................................ 253, 283, 2757 HR 129-- House Emergency Motorist Aid Study Committee; create ........... 254, 283, 2757 HR 130-- Joint Study Committee on Urban Road Building
Guidelines; create.................................................... 254, 283, 1739, 2305, 2308 HR 131-- Public money; use by religious organizations; certain
social services - CA............................................................................... 254, 283 HR 132-- Green, Travis; commend ................................................................................. 262 HR 133-- Wallace, Andrew; commend ........................................................................... 262 HR 134-- Smith, Andrew A.; commend.......................................................................... 262 HR 135-- Smith, Paul J.; commend................................................................................. 262 HR 136-- Jefferson High School Lady Dragons Softball Team;
invite to House .............................................................................. 262, 342, 347 HR 137-- Commerce High School Football Team; invite to House .............. 262, 324, 327 HR 138-- Georgia Farm Bureau Federation; invite president to
House............................................................................................. 262, 324, 327 HR 139-- Houston, Putnam, Terrell, and Sumter counties; convey
property ..................................................... 254, 283, 324, 574, 634, 2584, 2879 HR 140-- Family owned farm entities; preferential assessment;
certain property - CA..................................................................... 255, 283, 444 HR 141-- Kirkland, Bobby W. and Carolyn; compensate ....... 255, 283, 1115, 1900, 2091,
2782 HR 142-- Japanese government; WW II war crimes; urge apology
and reparations .......................................................... 255, 283, 290, 2448, 2500 HR 143-- Ovarian Cancer Awareness Month; designate April ..... 255, 283, 651, 776, 841,
923 HR 144-- M. Merrill Johnson, Sr., Highway; designate ... 256, 283, 560, 2184, 2208, 2782 HR 145-- Walter W. Harrison Highway; designate .......... 256, 283, 560, 2305, 2308, 2782 HR 146-- Hubbard, Rachel; commend............................................................................ 275

4078

INDEX

HR 147-- Mitton, Reverend Gerald; commend............................................................... 276 HR 148-- Harris, Jill Warren; commend ......................................................................... 276 HR 149-- Davis, Carletha T.; commend.......................................................................... 276 HR 150-- Drawdy, Vickie Long; commend ................................................................... 276 HR 151-- Stewart, Tamiko LaShanda; commend ........................................................... 276 HR 152-- Grantham, Johnna; commend.......................................................................... 276 HR 153-- Moseley, Elizabeth; commend ........................................................................ 276 HR 154-- Garbutt, Patricia Leaphart; commend ............................................................. 277 HR 155-- Horton, Leslie Cleveland; commend............................................................... 277 HR 156-- Boyette, Raye Jean; condolences ................................................................... 277 HR 157-- Webb, Melissa Rene; commend..................................................................... 277 HR 158-- Early, Vince Frank; commend ....................................................................... 277 HR 159-- Sims, Shelby; commend ................................................................................. 277 HR 160-- Georgia Mountain Water; commend.............................................................. 277 HR 161-- Parker, Gary Che'; condolences ..................................................................... 278 HR 162-- Akins, James Thomas; commend................................................................... 278 HR 163-- Gadsden, Judge Eugene H.; condolences....................................................... 278 HR 164-- Hill, Bobby Lee; condolences ........................................................................ 278 HR 165-- Shinhoster, Earl T.; condolences ................................................................... 278 HR 166-- Martin, John R.; condolences......................................................................... 278 HR 167-- Georgia Army National Guard; commend ..................................................... 279 HR 168-- Railroad Retirement and Survivors Improvement Act;
urge congressional support ............................................ 282, 299, 560 947, 956 HR 169-- Irwin County High School Girls Softball Team; invite to
House............................................................................................. 289, 333, 348 HR 170-- Stefan, Sabrina D.; invite to House................................................. 289, 686, 705 HR 171-- Allen, Ivan H.; commend ................................................................................ 352 HR 172-- Stocks, Trooper First Class Lisa A.; invite to House...................... 289, 324, 327 HR 173-- Mull, Lt. Bill L.; invite to House ................................................... 289, 324, 327 HR 174-- Joint Hazardous Sites Response Act Reauthorization
Study Committee; create........... 299, 323, 1739, 2184, 2209, 3343, 3553, 3847 HR 175-- Harris County High School Varsity Ladies Fast Pitch
Softball Team; invite to House ..................................................... 304, 651, 656 HR 176-- Joint session; Governor's message; invite justices and
appellate judges............................................................................. 302, 346, 374 HR 177-- Eager, Mary; invite to House ......................................................... 304, 437, 444 HR 178-- Goad, U. S. Olympian Robin Byrd; invite to House....................... 304, 400, 406 HR 179-- Black, U. S. Olympian Julie Burns; invite to House....................... 304, 400, 406 HR 180-- Collins Hill High School Eagles cross-country team and
principal; invite to House .............................................................. 304, 945, 952

INDEX

4079

HR 181-- Blue Star Memorial Highway; designate .............. 322, 341, 560, 879, 896, 2782 HR 182-- Earl T. Shinhoster Bridge; designate ................ 323, 341, 560, 2305, 2309, 2782 HR 183-- Stroke Awareness Month; designate month of May....... 323, 341, 559, 947, 959 HR 184-- Swainsboro Tigers High School football team and
coaches; invite to House................................................................................ 329 HR 185-- Dennis Fulton Douglass Highway; designate ... 340, 370, 560, 2305, 2309, 2783 HR 186-- Cedar Grove High School Marching Band; invite to
House............................................................................................. 352, 400, 407 HR 187-- Roy, Andrew Thompson; invite to House................................... 352, 1452, 1468 HR 188-- Collins Hill High School Eagles boys' cross-country
team; commend ............................................................................................. 353 HR 189-- Former American prisoners of war; recognize................................................ 353 HR 190-- Child Advocacy Center Day at the state capitol; recognize
February 5, 2001 ........................................................................................... 353 HR 191-- Hicks, Samuel W.; commend.......................................................................... 353 HR 192-- Georgia's Vietnam veterans; recognize........................................................... 353 HR 193-- Decatur High School Girls' Fast-Pitch Softball Team;
commend ....................................................................................................... 353 HR 194-- Glass, Sherwin; commend............................................................................... 354 HR 195-- Lester, Dr. Army III; commend....................................................................... 354 HR 196-- Scottish Rite of Free and Accepted Masons; Council of
Deliberation, Western Europe; mark anniversary ......................................... 354 HR 197-- Vickers, Claude L.; commend......................................................................... 354 HR 198-- Mitchell County Primary School; commend................................................... 354 HR 199-- Festival of Camellias and the American Camellia Society;
commend ....................................................................................................... 354 HR 200-- McDonald, Mark; commend ........................................................................... 355 HR 201-- Stanley, Attorney Raiford Jr.; condolences..................................................... 355 HR 202-- Motorcycle Awareness and You Month; recognize May,
2001............................................................................................................... 355 HR 203-- Ringham, Jason Corey; commend................................................................... 355 HR 204-- Dolinger, Honorable Stephen D.; invite to House .......................... 352, 400, 407 HR 205-- Almon, Virginia Colquitt; condolences .......................................................... 355 HR 206-- Most Worshipful Prince Hall Grand Lodge of Free and
Accepted Masons of Georgia and the Order of the Eastern Star; invite to House......................................................... 352, 651, 656 HR 207-- Cowart, Shea; commend ................................................................................. 355 HR 208-- Georgia Army National Guard; 48th Infantry Brigade (Mechanized); recognize U. N. Peacekeeping Mission in Bosnia............................................................................................................ 355

4080

INDEX

HR 209-- Water well drilling equipment; urge Congress reclassify.. 369, 399, 2167, 2406, 2419
HR 210-- Education, State Board of; election by certain General Assembly members - CA ...................................................................... 369, 399
HR 211-- Education, State Board of; election by certain General Assembly members - CA ...................................................................... 370, 399
HR 212-- Voting Rights Act; urge Congress repeal preclearance requirement ........................................................................................... 398, 435
HR 213-- House Home Construction and Repair Study Committee; create ........................................................................................... 398, 435, 2757
HR 214-- Tharpe, Larry; invite to House .................................................... 386, 1739, 1883
HR 215-- Joint Study Committee on Limited Access for State Route 316/University Parkway; create .............................. 399, 435, 1739, 2184, 2211
HR 216-- Adjournment; adjourn 2/5/01; reconvene on 2/7/01 ............................... 405, 422
HR 217-- Agricultural courses; elimination; urge Board of Regents reverse certain decision....................................... 434, 571, 720, 918, 931, 2580
HR 218-- Governor's Council on Developmental Disabilities Day; declare 2/22/01 ................................................ 434, 571, 876, 1002, 1008, 1044
HR 219-- Haines, Major General Dennis G.; Robins Air Force Base; invite to House ................................................................ 444, 1452, 1468
HR 220-- Community Health Centers Day; recognize 2/8/01 ....................................... 558
HR 221-- House Alcoholic Beverages Distribution System Study Committee; create ....................................................................... 571, 649, 2757
HR 222-- Cordele-Crisp County Fish Fry; invite cooking team to House............................................................................................. 588, 917, 935
HR 223-- Joint Study Committee on Public School Size; create....... 647, 685, 1739, 2305, 2309
HR 224-- Education, State Board of; election of members - CA............................ 647, 685
HR 225-- Teacher salaries; supplement; certain private funds - CA ...................... 648, 685
HR 226-- Boy Scout Day; recognize............................................................................... 602
HR 227-- Firefighters' Recognition Day; observe 29th annual....................................... 602
HR 228-- Mann, Representative Harold; condolences.................................................... 602
HR 229-- Motorcycle helmets; urge Congress revise federal safety standard FMVSS 218 ................................................ 648, 685, 986, 1666, 1718
HR 230-- Rural hospitals; urge certain actions relative to ...................................... 648, 685
HR 231-- Rural Health Day; designate 2/9/01 ................................................................ 602
HR 232-- Macon Day in Atlanta--Taste of Macon; observe 2/28/01.............................. 602
HR 233-- Shinhoster, Earl T; condolences...................................................................... 603
HR 234-- Wauka Mountain Elementary; commend........................................................ 603
HR 235-- DePaolo, Dr. Rosemary; commend................................................................. 603

INDEX

4081

HR 236-- Wayne County Department of Recreation Senior Boys Baseball Team; commend ............................................................................. 603
HR 237-- Mittenzwei, Thomas M. and Kristie Bradford-Hunt; commend ....................................................................................................... 603
HR 238-- Farmer, Honorable Marilyn; commend........................................................... 603
HR 239-- South Fulton County Legislative Day at the Capitol; recognize 2/15/01 .......................................................................................... 603
HR 240-- Hampton, Dawn G.; commend........................................................................ 604
HR 241-- Sharpe, Shannon; commend............................................................................ 604
HR 242-- Wayne County Department of Recreation Mite Girls Softball Team; commend .............................................................................. 604
HR 243-- Johnson, Mandy S.; commend ........................................................................ 604
HR 244-- Nobles, Sheriff Cecil; commend ..................................................................... 604
HR 245-- Wayne County Department of Recreation Junior Girls Softball Team; commend .............................................................................. 604
HR 246-- Warren, Major Willie D., Jr.; commend ......................................................... 605
HR 247-- Morton, Joe; commend.................................................................................... 605
HR 248-- Wayne County Department of Recreation Boys Under 12 Soccer Team; commend ................................................................................ 605
HR 249-- Wayne County Department of Recreation Junior Boys Basketball Team; commend .......................................................................... 605
HR 250-- Wayne County Department of Recreation Boys Breast Stroke Swimming Team; commend .............................................................. 605
HR 251-- Mitchell County Primary School; commend................................................... 605
HR 252-- Dillard Bluegrass & Barbeque Festival; designate as the "Kansas City Barbeque Society Georgia State Championship"........................................................ 648, 685, 1652, 1900, 2096
HR 253-- GAE-ESP Day; recognize 2/14/01; invite representatives to House ........................................................................................ 656, 686, 705
HR 254-- International Technology Education Association; invite representatives to House .............................................................. 656, 686, 705
HR 255-- Supreme Court, Appeals Court, superior and state courts; certain judges; election - CA................................................................. 684, 744
HR 256-- Judicial election campaigns; certain activities; prohibit discipline - CA ...................................................................................... 684, 744
HR 257-- Ad valorem tax; state levy; fund additional appraisers CA ......................................................................................................... 684, 744
HR 258-- Candler, Honorable T. S.; urge display of portrait; Union County Courthouse................................................................ 684, 744, 775, 777
HR 259-- Edwards, Hallie Ward; commend ................................................................... 662
HR 260-- Evans, Dale; condolences................................................................................ 662

4082

INDEX

HR 261-- Inmates; job training by Georgia Correctional Industries; urge governmental support ..................................... 743, 774, 1001, 2448, 2499
HR 262-- Alpha Kappa Alpha Day; recognize 2/19/01; invite National President to House.......................................................... 704, 878, 889
HR 263-- Joint Study Commission on Water Management; create ........................ 743, 774
HR 264-- Dog and cat sterilization; special license plate funding CA ......................................................................................................... 743, 774
HR 265-- Tax liability relief; General Assembly provide by general law - CA ................................................................................................ 743, 774
HR 266-- Mandela, Honorable Winnie; invite to House............................. 837, 1041, 1048
HR 267-- Campbell, Honorable William C. "Bill"; invite to House............... 837, 917, 935
HR 268-- Dental Hygienists' Appreciation Day; recognize 2/23/01; invite certain persons to House ..................................................... 837, 878, 889
HR 269-- Taylor, Angelo; invite to House...................................................... 837, 917, 935
HR 270-- Hugh J. Thomas Bridge; designate ................. 875, 915, 1028, 1665, 1725, 2783
HR 271-- Judge C. Michael Roach Interchange; designate ..... 875, 915, 1028, 1665, 1725, 2783
HR 272-- Heritage Trail; designate as part of Blue Star Memorial Highway ........................................................ 875, 915, 1028, 1665, 1725, 2783
HR 273-- House Study Committee on Tick-Borne Illnesses in Georgia; create ............................................................................ 875, 915, 2757
HR 274-- Rules of House; amend Rule 13.............................................................. 913, 945
HR 275-- Nursing facilities; reimbursement methodologies; direct Department of Community Health to adopt........... 913, 945, 1026, 1666, 1714, 2908
HR 276-- Walter C. Perkins Highway; designate ................................................... 913, 945
HR 277-- Rules of House; amend Rule 27.............................................................. 914, 945
HR 278-- A. S. Newton Highway; designate .......................................................... 914, 945
HR 279-- Federal Board of Pardons; urge Congress establish................................ 914, 945
HR 280-- Disabled American Veterans Intersection; designate ................... 914, 945, 1540
HR 281-- Georgia Humanities Council and Dr. Jamil Zainaldin; invite to House .......................................................................... 904, 1739, 1754
HR 282-- Thames, Joseph Frank; commend ................................................................... 898
HR 283-- Brown, Joe, Sr.; condolences .......................................................................... 898
HR 284-- Police Chiefs and Heads of Law Enforcement Agencies Recognition Day; observe 2/20/01................................................................ 898
HR 285-- Kroger Day; recognize 2/20/01; commend Kroger Food Stores............................................................................................................. 898
HR 286-- Edwards, Vincent; commend .......................................................................... 898
HR 287-- Gaster, Ray; commend .................................................................................... 899
HR 288-- Hamilton-Turner Inn; commend ..................................................................... 899

INDEX

4083

HR 289-- AquaSouth Construction, Inc.; commend ....................................................... 899 HR 290-- Spurlock, Amy; Primary Art Supply; commend ............................................. 899 HR 291-- Speedi Sign of South Georgia; commend ....................................................... 899 HR 292-- The Bicycle Link; commend ........................................................................... 899 HR 293-- Parker-Herriott, Dr. J. Annette; commend ...................................................... 899 HR 294-- First National Bank and Trust Company of Louisville
(Statesboro Division); commend................................................................... 900 HR 295-- Harlow, Bill; commend ................................................................................... 900 HR 296-- Mathena, Jana Louise; Miss Cobb County 2001;
commend ....................................................................................................... 900 HR 297-- Elmore and Associates; commend .................................................................. 900 HR 298-- Advertising Specialty Services; commend...................................................... 900 HR 299-- Strickland, Charles and Sue; commend .......................................................... 900 HR 300-- Logan, Henry H.; commend ............................................................................ 901 HR 301-- Poke, Deacon Zebedee (Zeb); condolences .................................................... 901 HR 302-- Clayton County Fire Department; commend .................................................. 901 HR 303-- Georgia Peach Festival; commend.................................................................. 901 HR 304-- White, Norma Solomon; commend................................................................. 901 HR 305-- Richey, Deacon Charlie Rufus, Jr.; condolences ............................................ 901 HR 306-- Earl C. Robinson Day; recognize 3/1/01......................................................... 901 HR 307-- Prestolite Wire Corporation; commend........................................................... 902 HR 308-- Kelly, Emma; condolences.............................................................................. 902 HR 309-- Dawson, Alfonso; condolences....................................................................... 902 HR 310-- Dollar, Thomas Hubert; condolences.............................................................. 902 HR 311-- Disharoon, Robert James; condolences........................................................... 902 HR 312-- Brooks, Gwendolyn; condolences................................................................... 902 HR 313-- Jones, Reverend Joseph, Sr.; condolences ...................................................... 903 HR 314-- Stanfill, Bill; commend ................................................................................... 903 HR 315-- Hannan, Lyda Haywood; condolences............................................................ 903 HR 316-- FCCLA Week in Georgia; proclaim February 11-17, 2001............................ 903 HR 317-- Union General Hospital; administrator, board, and staff;
commend ....................................................................................................... 903 HR 318-- Benefield, Honorable Jimmy W.; commend ................................................... 903 HR 319-- Disque, Kenneth R.; condolences ................................................................... 904 HR 320-- Broome, Sue D.; commend ............................................................................. 904 HR 321-- DePaolo, Dr. Rosemary; commend................................................................. 904 HR 322-- Williams, Reverend Hosea L.; condolences ................................................... 904 HR 323-- Williams, Juanita; condolences ....................................................................... 904 HR 324-- Birdsong, Honorable Kenneth; commend....................................................... 926

4084

INDEX

HR 325-- Law, Westley Wallace; commend................................................................... 926 HR 326-- Peanut industry in Georgia; commend; invite Terry Pickle
to House ........................................................................................ 935, 945, 952 HR 327-- Ledford, Hanna; invite to House................................................. 935, 1739, 1754 HR 328-- Meyers, David Robinson; commend ............................................................... 936 HR 329-- Meyers, Lauren Konrad; commend................................................................. 936 HR 330-- Shore, Dee; commend ..................................................................................... 936 HR 331-- Daise, Brittney N.; commend .......................................................................... 936 HR 332-- Tanner, Russell; commend.............................................................................. 936 HR 333-- Wright, Samantha; commend.......................................................................... 936 HR 334-- GAE Legislative Conference Day; recognize 2/26/01.................................... 936 HR 335-- Sharpe, Leslie Elizabeth; commend ................................................................ 937 HR 336-- Stone, Natalie McCrea; commend .................................................................. 937 HR 337-- Gainesville/Hall County SAFEKIDS Coalition; commend ............................ 937 HR 338-- State printing and access; urge DOAS and Georgia
Technology Authority; electronic directory.......... 944, 1000, 1537, 2185, 2283 HR 339-- Dan Harrison State Prison; designate.................................................... 999, 1039 HR 340-- Savannah St. Patrick's Day Parade Committee; invite Ted
Robertson, the Grand Marshal, and other representatives to the House............................................................................... 985, 1001, 1021 HR 341-- Morris Brown College Day at the State Capitol; recognize 2/22/01....................................................................................... 985, 1000, 1022 HR 342-- Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create....................................... 999, 1039, 1126, 2305, 2309 HR 343-- Bridges, Kenneth Rogers; invite to House................................ 1015, 1739, 1754 HR 344-- Tax exemption; tangible personal property consisting of business inventory; General Assembly provide by law CA ........................................................................................... 1037, 1125, 1256 HR 345-- Joint Study Committee on Historic Local Government Records; re-create ............................................... 1038, 1125, 1739, 2305, 2312 HR 346-- Saint Paul African Methodist Episcopal Church; commend ..................................................................................................... 1022 HR 347-- Allison, Ollivette; commend ......................................................................... 1022 HR 348-- Parris, Mike; commend ................................................................................. 1022 HR 349-- Avondale Estates, City of; recognize 75th anniversary ................................ 1022 HR 350-- NeSmith, Martin; commend.......................................................................... 1023 HR 351-- Rowland, Honorable Charlie; condolences................................................... 1023 HR 352-- Seabrooks, Earl, Sr.; condolences ................................................................. 1023 HR 353-- Freeman, Greg; commend ............................................................................. 1023

INDEX

4085

HR 354-- Child Abuse Prevention Day at the State Capitol; recognize 2/22/01; commend Georgia Council on Child Abuse........................................................................................................... 1023
HR 355-- Watts, Carol; commend................................................................................. 1023 HR 356-- Hardy, Reverend Dr. Roy; commend ............................................................ 1023 HR 357-- Martin, Barbara Ann; condolences ............................................................... 1023 HR 358-- Watkins, Elizabeth; commend....................................................................... 1024 HR 359-- Emergency Medical Services (EMS) Recognition Day;
designate 2/23/01 ........................................................................................ 1024 HR 360-- Cox, Jacob; commend ................................................................................... 1024 HR 361-- Bryan, Morris, Jr., R. H. McEver, Jack Mackemson, and
Charles McCollum; commend .................................................................... 1024 HR 362-- Gray, Joshua; commend ................................................................................ 1024 HR 363-- Ad valorem tax; commercial fishing vessels; separate
class of property - CA ....................................................................... 1038, 1125 HR 364-- Ad valorem tax; certain dockside facilities; separate class
of property - CA ................................................................................ 1038, 1125 HR 365-- Adjournment; adjourn 2/22/01; reconvene 2/26/01 ............................ 1046, 1114 HR 366-- Americus High School Panthers football team; invite
coaches and players to House.................................................. 1048, 1126, 1137 HR 367-- Jefferson High School Wrestling Team; invite to House.......... 1048, 1126, 1137 HR 368-- Putnam County High School Future Farmers of America
dairy judging team; invite to House ........................................ 1048, 2182, 2207 HR 369-- Price, Dr. Nelson L.; invite to House ........................................ 1049, 2367, 2383 HR 370-- Morgan County High School Wrestling Team; invite to
House....................................................................................... 1049, 1739, 1754 HR 371-- House Study Committee on Hepatitis C; create ............. 1124, 1450, 2757, 3644 HR 372-- Virgil Bledsoe Highway; designate........................................... 1124, 1450, 2168 HR 373-- Girls Incorporated of Greater Atlanta; commend ......................................... 1112 HR 374-- Georgia Human Relations Day; recognize 2/22/01....................................... 1112 HR 375-- Read Across America campaign; endorse..................................................... 1112 HR 376-- Abused Women and Children, Inc.; commend ............................................. 1112 HR 377-- Wyatt, Eileen Price; commend...................................................................... 1112 HR 378-- Pickens County Middle School Honor Band and Directors
Mary Land and Jamie Smith; commend...................................................... 1112 HR 379-- O'Dillon, Lee; Watkinsville Police Chief; commend.................................... 1112 HR 380-- Carter, Mayor James; commend.................................................................... 1113 HR 381-- Neal, Major Jerry; commend......................................................................... 1113 HR 382-- Evans, Frances; commend............................................................................. 1113 HR 383-- Kay, Dr. John Wesley; commend.................................................................. 1113

4086

INDEX

HR 384-- Kelley, Gilbert M., Jr.; commend.................................................................. 1113 HR 385-- Day, John S.; commend................................................................................. 1113 HR 386-- Thornton, William Roy, Sr.; commend......................................................... 1113 HR 387-- Newborn, Town of, and Newborn Tree Board; commend............................ 1114 HR 388-- Bobby Goldin Highway; designate ............. 1125, 1450, 1540, 2305, 2312, 2783 HR 389-- Bremen High School Competitive Cheerleaders; invite to
House........................................................................................................... 1255 HR 390-- Jeff Davis Middle School; commend............................................................ 1300 HR 391-- Counties and municipalities; community redevelopment
tax incentive program - CA............................................................... 1449, 1535 HR 392-- House Local Assistance Road Program Study Committee;
create ....................................................................................... 1449, 1535, 1739 HR 393-- Tyrone Brooks Freedom Highway; designate..................................... 1449, 1535 HR 394-- Silver-Haired Legislature; invite to House ................................................... 1255 HR 395-- MARTA; commercial development; urge MARTOC
evaluate ................................................................................... 1450, 1535, 2396 HR 396-- Bell, Dewaine T.; commend.......................................................................... 1300 HR 397-- Reece, William Oscar "W. O."; condolences................................................ 1300 HR 398-- Johnstonville Garden Club; commend .......................................................... 1300 HR 399-- Eagle's Landing Middle School Lady Eagles basketball
team; commend ........................................................................................... 1300 HR 400-- Easey, Adam; commend................................................................................ 1300 HR 401-- Wilson, Charlotte; commend......................................................................... 1301 HR 402-- Gary P. Braddy Highway; designate ................................................... 1450, 1535 HR 403-- North Georgia College and State University's Corps of
Cadets; commend ........................................................................................ 1301 HR 404-- Anderson, Dr. Larry W.; commend............................................................... 1468 HR 405-- Poston, Alina Valerie; commend .................................................................. 1468 HR 406-- Poston, McCracken Vaughn (Mac); commend ............................................. 1469 HR 407-- Adjournment; adjourn 2/27/01; reconvene 3/1/01 .............................. 1469, 1522 HR 408-- Trickum Middle School Academic Bowl Team and
coaches; invite to House.......................................................... 1472, 2446, 2468 HR 409-- Williams, Reverend Hosea L. and Juanita; place portrait
in capitol............................................................................................ 1532, 1661 HR 410-- House Study Committee on Technology Education; create .... 1532, 1662, 2167,
3440, 3441 HR 411-- Historic Dixie Auto Highway; designate ............................................ 1532, 1662 HR 412-- Tax relief proposed by President Bush; urge
congressional delegation support ............................................ 1532, 1662, 1664 HR 413-- Meals on Wheels Day in Chatham County; designate
5/1/01 .................................................................. 1533, 1662, 2183, 2186, 2783

INDEX

4087

HR 414-- Long, Honorable Arnold Lamar; condolences.............................................. 1473 HR 415-- Pharmacy Day at the State Capitol; declare 2/21/01;
Georgia Pharmacy Association; commend ................................................. 1473 HR 416-- Hawkins, Holmes, Sr.; condolences.............................................................. 1473 HR 417-- Walton High School Lady Raiders Volleyball Team;
commend ..................................................................................................... 1473 HR 418-- Jarrard, John; condolences ............................................................................ 1473 HR 419-- DiTuri, Patti; commend................................................................................. 1474 HR 420-- Lanier, Rheanna Alise; congratulations on birth........................................... 1474 HR 421-- Thomas, Denzil; commend ........................................................................... 1474 HR 422-- Pinholster, Honorable Garland F.; commend................................................ 1474 HR 423-- Brennan, Julie Ann; commend ...................................................................... 1474 HR 424-- Stafford, Don; commend............................................................................... 1474 HR 425-- Kennedy, Rev. Johnnie B.; condolences ....................................................... 1474 HR 426-- Blake, Gary; condolences.............................................................................. 1475 HR 427-- Rivers, Joseph "Reason", Jr.; condolences.................................................... 1475 HR 428-- Amico, Joyce; commend ............................................................................... 1475 HR 429-- Parker, Linda; commend ............................................................................... 1475 HR 430-- House, Firefighter Billy; commend............................................................... 1475 HR 431-- Historic Dixie Highway Auto Trail; designate ................................... 1533, 1662 HR 432-- Joint Task Force on Developing a Federally Funded Drug
Benefit for Low-Income Elderly Citizens; create ................... 1533, 1662, 1739 HR 433-- Carl Dover Memorial Bridge; designate ............................................. 1533, 1662 HR 434-- Election reform; urge Congress recognize need and
appropriate funding ............................................. 1660, 1738, 2167, 2515, 2619 HR 435-- Financial institutions; governing boards; urge inclusive
representation ...................................................... 1660, 1738, 2167, 2448, 2492 HR 436-- Bailey, Nick; invite to House ........................................................................ 1547 HR 437-- North Georgia College and State University Blue Ridge
Rifles and Color Guard; invite to House................................. 1547, 1898, 1933 HR 438-- Mt. Vernon Christian School boys' basketball team;
commend ..................................................................................................... 1612 HR 439-- Wheeler, Rev. Freddie; commend................................................................. 1612 HR 440-- Guilford, Jonathan; commend....................................................................... 1612 HR 441-- University System of Georgia Outstanding Scholars on
Academic Recognition Day; commend....................................................... 1612 HR 442-- Kinney, Alberta; commend ........................................................................... 1612 HR 443-- Skelton, Reverend Robert M.; commend ...................................................... 1613 HR 444-- Slosheye Trail Big Pig Jig; recognize as state's Official
Barbecue Cooking Contest.......................................................................... 1613

4088

INDEX

HR 445-- Shell, Kathryn Blake; commend ................................................................... 1613 HR 446-- Oldfield, Brigadier General John H., Jr.; commend ..................................... 1613 HR 447-- Loftin, Bill O.; commend .............................................................................. 1613 HR 448-- Merritt, Honorable Janet Scarborough; condolences .................................... 1613 HR 449-- Agnew, Brian David; commend.................................................................... 1613 HR 450-- Jim Tysinger Interchange; designate................................................... 1660, 1738 HR 451-- Betty Jo Williams Interchange; designate ........................................... 1661, 1738 HR 452-- Student mobility and proficiency in English; urge
assessment data accordingly.............................................................. 1535, 1662 HR 453-- Trisha Yearwood Parkway, Dr. Jimmy W. Waters
Interchange, Representative Debra Mills Commemorative Bridge, Jesse O. Kennedy, Jr. Memorial Bridge, and Ed and Harold McGarity Memorial Bridge; designate.......... 1661, 1738, 2168,
2305, 2312, 3347, 3723 HR 454-- Marvin O. Bowdoin Intersection, Jim Tysinger Interchange,
and Betty Jo Williams Interchange; designate... 1661, 1738, 2168, 2305, 2352, 2783
HR 455-- Joint Study Committee on Medical Care for Prison Inmates; create .................................................... 1735, 1898, 2167, 2305, 2313
HR 456-- House Study Committee on Exempting Educators from the State Income Tax; create ................................................... 1736, 1898, 2757
HR 457-- Savannah-Chatham County Governmental Consolidation Study Committee; create..................................... 1736, 1898, 2183, 2187, 3356
HR 458-- Billy Randall Parkway; designate ............... 1736, 1898, 2183, 2305, 2313, 2784 HR 459-- Lucinda Williams Adams Highway; designate ................................... 1736, 1898 HR 460-- Reverend Hosea L. Williams Parkway; designate .............................. 1737, 1898 HR 461-- Women for Morris Brown College, Inc.; commend ..................................... 1724 HR 462-- Jackson, Alan; invite to House...................................................................... 1724 HR 463-- Joint Study Committee on Gaming; create................................ 1737, 1898, 2757 HR 464-- Right of privacy; prohibit governmental intrusion - CA..................... 1737, 1898 HR 465-- State employees; state stationery and postage; urge
supervisors warn against use for unofficial purposes ....................... 1894, 2180 HR 466-- Airline industry; urge moratorium on major mergers.... 1737, 1898, 2167, 2305,
2344 HR 467-- SPAGE/FGE Day at the State Capitol; recognize 3/7/01 ............................ 1860 HR 468-- Tate, Dr. Benny; commend ........................................................................... 1860 HR 469-- Harrington, J. Floyd; commend..................................................................... 1860 HR 470-- Reece, Ray; condolences............................................................................... 1860 HR 471-- Campbell, Charles; commend ....................................................................... 1860 HR 472-- Shoemaker, Charles Bruce; commend .......................................................... 1860 HR 473-- Braswell, Rosa M.; commend ....................................................................... 1861

INDEX

4089

HR 474-- Mansfield, Ellis; commend ........................................................................... 1861 HR 475-- Henry County Middle School eighth grade boys
basketball team; commend .......................................................................... 1861 HR 476-- Stratford Academy Eagles football team; commend..................................... 1861 HR 477-- Kesler, Brooke; commend............................................................................. 1861 HR 478-- Hughes, Mary Sallie Clark; commend .......................................................... 1861 HR 479-- Sharpe, Mildred Ammons; commend ........................................................... 1862 HR 480-- Prestolite Wire Corporation Day; recognize 3/30/01.................................... 1862 HR 481-- Sikora, Sabrina; commend ............................................................................ 1862 HR 482-- Glass, Sandra Caldwell; commend ............................................................... 1862 HR 483-- Youmans, Mary Frances; commend.............................................................. 1862 HR 484-- Commission on Work Force Security and Enhancement
in the New Georgia Economy; create ................. 1738, 1898, 2167, 2305, 2313 HR 485-- Boy Scouts of America; invite representatives to House.............................. 1933 HR 486-- Wheeler, Pete and Jim Frederick; Commissioner and
Assistant Commissioner of Veterans Service; invite to House....................................................................................... 1933, 2446, 2468 HR 487-- Georgia State University's men's basketball team; invite to House .................................................................................. 1933, 2446, 2468 HR 488-- Craig, Honorable Richard; commend ........................................................... 2066 HR 489-- Hudgins, Gerald; commend .......................................................................... 2066 HR 490-- Blackmon, Connie Comer; commend ........................................................... 2066 HR 491-- Cowart, Shea; commend ............................................................................... 2066 HR 492-- Smoak, Chris; commend ............................................................................... 2066 HR 493-- A Celebration of Golf in Georgia for 2001; recognize ................................. 2066 HR 494-- Starr's Mill High School varsity wrestling team; commend ..................................................................................................... 2067 HR 495-- Maclean, Malcolm R.; condolences .............................................................. 2067 HR 496-- McCurdy, Lawrence; commend .................................................................... 2067 HR 497-- Templeton Tours, Inc.; commend ................................................................. 2067 HR 498-- Utley, Brent; commend ................................................................................. 2067 HR 499-- Dunn, Margaret B. "Buni"; commend........................................................... 2067 HR 500-- House Study Committee on Universal School Breakfast; create ................................................................... 2180, 2366, 2757, 3440, 3442 HR 501-- Atlanta Job Corps Center; invite director and staff to House........................................................................................................... 2165 HR 502-- Cannonville; commemorate; urge Department of Natural Resources recognize as historic district ........................ 2180, 2366, 2406, 2410 HR 503-- Siegel, Dr. Betty L.; invite to House ................................................... 2165, 2504 HR 504-- Crisp Academy Debate Team; invite to House ......................... 2207, 2446, 2468

4090

INDEX

HR 505-- Boy Scout Troup 91; 60th anniversary; commend........................................ 2250 HR 506-- Mason, Barbara Mentzer; condolences ......................................................... 2250 HR 507-- Gennings, Richard M. "Mike"; commend..................................................... 2250 HR 508-- Pressley, Edna Jean; commend ..................................................................... 2250 HR 509-- Southern Order of Storytelling; commend; recognize third
week of November as Georgia Storytelling Week...................................... 2250 HR 510-- Adams, Judge Ross J.; condolences.............................................................. 2250 HR 511-- Zeigler, Curtis Dustin "Dusty"; commend .................................................... 2251 HR 512-- Barbee, Patricia; commend ........................................................................... 2251 HR 513-- Kappa Alpha Psi Fraternity; commend ......................................................... 2251 HR 514-- House Tourism Study Committee; create ............. 2365, 2405, 2446, 2765, 2838 HR 515-- House Hartsfield-Atlanta Aviation Air Quality Impact
Zone Study Committee; create ................................................ 2365, 2405, 2757 HR 516-- General Acts; effectiveness; approval by electors in
referendum - CA ............................................................................... 2366, 2405 HR 517-- Gatewood School Lady Gators Basketball Team; invite to
House....................................................................................... 2357, 2514, 2585 HR 518-- Gatewood School Gators Basketball Team; invite to
House....................................................................................... 2357, 2514, 2585 HR 519-- Culloden Highland Games and Scottish Festival; invite
certain persons to House ............................................................................. 2383 HR 520-- Pfeiffer, Carissa; commend........................................................................... 2388 HR 521-- Parks, Targie; commend................................................................................ 2388 HR 522-- Rhodes, Trey; commend ............................................................................... 2389 HR 523-- Woods, Brenda; commend ............................................................................ 2389 HR 524-- Thornton, Steven; commend ......................................................................... 2389 HR 525-- Stewart, Bob; commend ................................................................................ 2389 HR 526-- Stewart, Joe; commend ................................................................................. 2389 HR 527-- Seymore, Max; commend.............................................................................. 2389 HR 528-- Neu leib-O'Shea, Gina; commend................................................................. 2389 HR 529-- Nelson, Chad; commend ............................................................................... 2389 HR 530-- Murray, Bobby; commend ............................................................................ 2390 HR 531-- Mullins, Mike; commend .............................................................................. 2390 HR 532-- Houston, Chris; commend............................................................................. 2390 HR 533-- Baker, Riezel; commend ............................................................................... 2390 HR 534-- Heath, Hazel; commend ................................................................................ 2390 HR 535-- Dolan, Sean; commend ................................................................................. 2390 HR 536-- Carver, Cindy; commend .............................................................................. 2390 HR 537-- Kicker, Jo; commend .................................................................................... 2390 HR 538-- Mobley, Mary; commend .............................................................................. 2390

INDEX

4091

HR 539-- Robbins, Miss Della; commend on 100th birthday....................................... 2391 HR 540-- Baker, Ted; commend ................................................................................... 2391 HR 541-- Adams, Sally; commend................................................................................ 2391 HR 542-- James, Onyx Robert; recognize birth ............................................................ 2391 HR 543-- Akin, Joan H.; commend............................................................................... 2391 HR 544-- Maret, Hugh Wallace; condolences .............................................................. 2391 HR 545-- Richardson, Jackie; commend....................................................................... 2391 HR 546-- Columbia County Fireballs; commend.......................................................... 2391 HR 547-- Griggs, Betty Rucker; condolences............................................................... 2392 HR 548-- Hooper, Jeanette; commend .......................................................................... 2392 HR 549-- Brunson, David S., Jr.; commend ................................................................. 2392 HR 550-- Morris, Frank D.; condolences...................................................................... 2392 HR 551-- National Guardsmen; loss of 21 in C-23 Sherpa crash;
condolences ................................................................................................. 2392 HR 552-- Johnson, Honorable Rudolph; commend ...................................................... 2392 HR 553-- McLendon, Michaelyn; commend ................................................................ 2393 HR 554-- Earnhardt, Dale; condolences........................................................................ 2393 HR 555-- Arberg, Lee; commend.................................................................................. 2393 HR 556-- Baynes, Lisa; commend ................................................................................ 2393 HR 557-- Jones, Trone; commend ................................................................................ 2393 HR 558-- Lockheed Martin Aeronautics Company; recognize
women of Marietta facility.......................................................................... 2393 HR 559-- Military monuments, statues, plaques, markers, and
memorials; express intent of House to protect.................................. 2404, 2444 HR 560-- Savage, Deacon Samuel "Tunk"; commend on 75th
birthday........................................................................................................ 2436 HR 561-- Franklin County Lady Lions basketball team; commend.............................. 2436 HR 562-- Employees' Retirement and Teachers Retirement systems;
urge separate management of administration and assets ....... 2441, 2513, 3342, 3441, 3529
HR 563-- Rules of House; amend Rule 29................................................ 2441, 2513, 2764 HR 564-- Turfgrass and environmental horticulture; urge
governmental agencies ensure adequate water supplies ................... 2512, 2764 HR 565-- Dougherty Comprehensive High School basketball team;
invite to House .................................................................................. 2469, 2514 HR 566-- Westover High School basketball team; invite to House.......... 2469, 2514, 2586 HR 567-- Turfgrass sod; urge use by state for certain groundcover ......... 2512, 2586, 2764 HR 568-- House Agricultural Water Conservation Incentive
Program Study Committee; create .......................................... 2512, 2764, 2918

4092

INDEX

HR 569-- Jefferson High School Lady Dragons Basketball Team; invite to House .................................................................................. 2492, 2504
HR 570-- Tony's Gang Foundation, Inc.; commend ..................................................... 2488 HR 571-- Cummings, Lauren; commend ...................................................................... 2488 HR 572-- Academic Bowl for Middle Grades finalists; commend............................... 2488 HR 573-- Ellard, Glenn Wilson "Jack"; condolences ................................................... 2488 HR 574-- Florida Army National Guard and Virginia Air National
Guard; death of 21 members; condolences ................................................. 2488 HR 575-- Doug's Restaurant in Emerson; commend .................................................... 2489 HR 576-- Austin, Dr. James W.; commend................................................................... 2489 HR 577-- Frederick Douglass High School Class of 1971; commend.......................... 2489 HR 578-- Martin, John Calvin, Jr.; 70th birthday; commend ....................................... 2489 HR 579-- Whitehead, Carla; commend ......................................................................... 2489 HR 580-- Zion Missionary Baptist Church; commend ................................................. 2489 HR 581-- Kappa Sigma Fraternity; commend............................................................... 2489 HR 582-- Chalker, Loraine; commend.......................................................................... 2490 HR 583-- Pease, Kyle; commend .................................................................................. 2490 HR 584-- Jackson, Willie Mathis; 86th birthday; commend......................................... 2490 HR 585-- Cross, Dr. James Lee; commend................................................................... 2490 HR 586-- Huttenbach, Laura Lee; commend ................................................................ 2490 HR 587-- Harris, Donald; condolences ......................................................................... 2490 HR 588-- Halle, Mr. and Mrs. Claus; 50th wedding anniversary;
commend ..................................................................................................... 2490 HR 589-- Smith, David; condolences............................................................................ 2491 HR 590-- Green, Herbert C.; commend ........................................................................ 2491 HR 591-- Sims, Honorable Neil; commend .................................................................. 2491 HR 592-- Law's High Noon; 2001 National Field Trial Champion;
recognize ..................................................................................................... 2491 HR 593-- John Marshall Law School; urge Supreme Court vacate
certain order .................................................................. 2512, 2764, 3658, 3659 HR 594-- Collins Hill High School Eagles girls basketball team;
commend ................................................................................. 2503, 2514, 2586 HR 595-- Collins Hill High School Eagles girls basketball team;
invite coaches and players to House ....................................... 2503, 2514, 2586 HR 596-- Central Gwinnett Girls Basketball Team; Class AAAA
State Champions; invite coaches and players to House .......... 2503, 2514, 2586 HR 597-- Rules of House; amend Rule 12.......................................................... 2762, 2917 HR 598-- Lobbyists; gathering place; urge designation by
Legislative Services Committee........................................................ 2762, 2917 HR 599-- John Marshall Law School; support certain motion before
Supreme Court .............................................................. 2763, 2917, 3658, 3659

INDEX

4093

HR 600-- Fall Line Freeway and Savannah River Parkway; support early completion................................................................................ 2763, 2917
HR 601-- Stevens, Jency Alpha; congratulate............................................................... 2612 HR 602-- Beynart, Robert William; condolences ......................................................... 2612 HR 603-- Cochran, Doug; commend ............................................................................ 2612 HR 604-- Coker, Deana Lynn; commend...................................................................... 2612 HR 605-- Eagle's Landing Middle School Football Team;
commend ..................................................................................................... 2612 HR 606-- Albright, Mike; commend ............................................................................. 2612 HR 607-- Mendum, Reita; commend ............................................................................ 2613 HR 608-- Ashley, Gary; commend................................................................................ 2613 HR 609-- Mock, Patrick Coleman; congratulations on birth ........................................ 2613 HR 610-- Yankus, Sara Joan; commend ....................................................................... 2613 HR 611-- Wilcox, Rodney; condolences....................................................................... 2613 HR 612-- Edwards, Teresa; commend .......................................................................... 2613 HR 613-- Ray, Dany Marie; commend ......................................................................... 2614 HR 614-- Rozier, Jeanette; commend ........................................................................... 2614 HR 615-- Africa Day at the State Capitol; recognize 3/15/01 ...................................... 2754 HR 616-- Taylor County High School basketball team; invite
coaches and team to House ......................................................................... 2755 HR 617-- Pressley, Judge Randolph Wayne; condolences............................................ 2825 HR 618-- Berkmar High School Patriots basketball team; invite
coaches and players to House.................................................. 2798, 2918, 2924 HR 619-- Schneider, David; commend ......................................................................... 2825 HR 620-- Grimes, James Dickson; commend ............................................................... 2825 HR 621-- Moon, Evan Wayne; commend ..................................................................... 2825 HR 622-- Mundy, George E.; commend ....................................................................... 2825 HR 623-- Clark, Ed; commend...................................................................................... 2825 HR 624-- Morris, John; commend ................................................................................ 2826 HR 625-- Sheppard, Christie; commend ....................................................................... 2826 HR 626-- Collis, Katie; commend................................................................................. 2826 HR 627-- Burch, Quinton; commend ............................................................................ 2826 HR 628-- Neff, Brittany; commend............................................................................... 2826 HR 629-- Kelley, Horace S. (Bud), Jr.; condolences .................................................... 2826 HR 630-- Beaverbrook Elementary School; commend................................................. 2826 HR 631-- Georgia State Soccer Association; commend; welcome U.
S. Soccer Federation; recognize July 19-20, 2001, as Soccer Days of Georgia .............................................................................. 2827 HR 632-- Valdosta-Lowndes County Habitat for Humanity and the City of Valdosta; commend......................................................................... 2827

4094

INDEX

HR 633-- McIntosh High School; commend ................................................................ 2827 HR 634-- Trainer, Dr. John E., Jr.; commend ............................................................... 2827 HR 635-- Wilkes, Nathan; commend ............................................................................ 2828 HR 636-- Berkmar High School Patriots basketball team; commend........................... 2900 HR 637-- Land, LaVander B.; commend ...................................................................... 2900 HR 638-- North Metro Technical College students and faculty;
commend ..................................................................................................... 2900 HR 639-- Waldrop, Bill; commend ............................................................................... 2900 HR 640-- North Metro Technical Institute students and faculty;
commend ..................................................................................................... 2901 HR 641-- Plants, Seth; commend .................................................................................. 2901 HR 642-- Stockbridge, John McLeod; condolences ..................................................... 2901 HR 643-- Chattahoochee Technical College students and faculty;
commend ..................................................................................................... 2901 HR 644-- Murrah, Honorable J. Frank, Sr.; condolences.............................................. 2901 HR 645-- House Study Committee on Minority Business Enterprise;
create ................................................................................................. 2763, 2917 HR 646-- Veterans' Nursing Home Care Trust Fund; create; special
license plates - CA ............................................................................ 2916, 3374 HR 647-- Safety plans; urge local school boards implement .............................. 2917, 3374 HR 648-- House Study Committee on the Organization of the
Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create.......................... 2917, 3374 HR 649-- Georgia State University's women's basketball team; commend ..................................................................................................... 2945 HR 650-- Rausch, Jennifer C.; commend...................................................................... 2945 HR 651-- Parker, Chief James; condolences................................................................. 2945 HR 652-- Daniel, Harold, Sr.; condolences................................................................... 2945 HR 653-- Clayton County STAR Students and Teachers; commend ........................... 2945 HR 654-- White, Coach James M., Sr.; condolences .................................................... 2945 HR 655-- McGowan, Calvin C.; condolences............................................................... 2946 HR 656-- Gainesville High School Girls Basketball Team; commend ..................................................................................................... 2946 HR 657-- Junior League of Cobb-Marietta, Inc.; commend ......................................... 2946 HR 658-- East Hall High School Boys Basketball Team; commend ............................ 2946 HR 659-- John Hancock Academy girls' basketball team; commend ........................... 2946 HR 660-- Simmons, Deanna; commend........................................................................ 2946 HR 661-- West Hall High School Girls Basketball Team; commend........................... 2946 HR 662-- Freeman, Linda; commend............................................................................ 2947 HR 663-- Prince, Honorable Miles; commend.............................................................. 2947

INDEX

4095

HR 664-- Grover, Charlotte A.; commend.................................................................... 2947 HR 665-- Wilson, Rev. Howard; commend .................................................................. 2950 HR 666-- Junior Leagues of Georgia; commend .......................................................... 3426 HR 667-- Beasley, Ardena; commend........................................................................... 3426 HR 668-- Elnamala, Farajo; commend.......................................................................... 3426 HR 669-- Crawford, Kraig; commend .......................................................................... 3426 HR 670-- Williams, Shun; commend ............................................................................ 3426 HR 671-- Kirk, Tripp; commend................................................................................... 3427 HR 672-- Sam, Lorne; commend .................................................................................. 3427 HR 673-- Pelot, Matt; commend ................................................................................... 3427 HR 674-- Dunahoo, Sandford; commend...................................................................... 3427 HR 675-- Watkins, Alfred; commend ........................................................................... 3427 HR 676-- Von Speed, Alexander; commend................................................................. 3427 HR 677-- Daughters of the American Revolution; Stephen Heard
Chapter; commend ...................................................................................... 3427 HR 678-- Parham, Honorable B. E. "Bobby"; commend .............................................. 3428 HR 679-- Broun, Honorable Paul C.; commend ........................................................... 3428 HR 680-- Regus, Robert J.; commend .......................................................................... 3428 HR 681-- Troup County High School Wrestling Team; commend............................... 3428 HR 682-- Fitchett, W. Calvin; condolences .................................................................. 3428 HR 683-- Wiggins, H. R. and Frankie; commend......................................................... 3428 HR 684-- Cole, Jean; commend .................................................................................... 3429 HR 685-- Bagley, Trent; commend ............................................................................... 3429 HR 686-- Brown, Theo; commend................................................................................ 3429 HR 687-- Arnold, Coach Gerald; commend ................................................................. 3429 HR 688-- Grant, Tawana; commend ............................................................................. 3429 HR 689-- Wood, Ryan; commend................................................................................. 3429 HR 690-- Millsap, Jakirra; commend............................................................................ 3429 HR 691-- Brown, Rico; commend ................................................................................ 3430 HR 692-- Lanter, Leigh; commend ............................................................................... 3430 HR 693-- Crawford, Zack; commend............................................................................ 3430 HR 694-- King, James Authur; condolences................................................................. 3430 HR 695-- Tuttle, Skip; commend .................................................................................. 3430 HR 696-- Communication Technology Week in Georgia; recognize
June 3-7, 2001 ............................................................................................. 3430 HR 697-- Smith, Stacy; commend................................................................................. 3431 HR 698-- Sam, P. K.; commend.................................................................................... 3431 HR 699-- Abercrombie, Honorable Claude; commend................................................. 3431 HR 700-- Groover, Honorable Johnny; commend ........................................................ 3431

4096

INDEX

HR 701-- Shingler, Dr. Clark Henderson; condolences................................................ 3431 HR 702-- Taylor, Brian; commend ............................................................................... 3431 HR 703-- McCurdy, Paul and Mary; commend ............................................................ 3431 HR 704-- Brown, Isaac; commend................................................................................ 3432 HR 705-- Woody, Honorable Deborah; commend........................................................ 3432 HR 706-- Hale, Honorable Gail; commend................................................................... 3432 HR 707-- Richardson, Joshua Blythe; commend .......................................................... 3432 HR 708-- Rainwater, Honorable Rita; commend .......................................................... 3432 HR 709-- Atlanta Beat Women's Soccer Team; commend;
recognize April 16-21, 2001, as Atlanta Beat Week................................... 3432 HR 710-- Coley, Carlie C.; commend ........................................................................... 3433 HR 711-- Bratton, Don; commend ................................................................................ 3433 HR 712-- EnvironDesign5; commend........................................................................ 3433 HR 713-- Fernbank Elementary School chess teams; commend .................................. 3433 HR 714-- Jewish Community Center 2001 Maccabi Games;
commend ..................................................................................................... 3433 HR 715-- Nichols, Justice Horace Elmo; condolences ................................................. 3433 HR 716-- Ross, George; commend ............................................................................... 3433 HR 717-- Ward, Andrew; commend ............................................................................. 3434 HR 718-- Byrd, Ron; commend .................................................................................... 3434 HR 719-- Nugent, Pat; commend .................................................................................. 3434 HR 720-- Faerber, John; commend ............................................................................... 3434 HR 721-- Crawford, Judy; commend ............................................................................ 3434 HR 722-- Covington, Celia; commend.......................................................................... 3434 HR 723-- Rogers, Marguerite; commend...................................................................... 3434 HR 724-- Economy, Johnny N.; commend ................................................................... 3434 HR 725-- Clayton County Branch of the NAACP; commend ...................................... 3434 HR 726-- Wooden, Rev. John Henry; commend........................................................... 3435 HR 727-- Augusta State University men's basketball team;
commend ..................................................................................................... 3435 HR 728-- Flanagan, Anthony; condolences .................................................................. 3435 HR 729-- Clayton County Section of the National Council of Negro
Women; commend ...................................................................................... 3435 HR 730-- Todd, Jay; commend ..................................................................................... 3435 HR 731-- Union County Elementary School; commend staff....................................... 3435 HR 732-- Darugar, Linda; commend ............................................................................ 3436 HR 733-- Steverson, Robert; commend ........................................................................ 3436 HR 734-- Valentine, Donna; commend......................................................................... 3436 HR 735-- McMichael, Dana; commend ........................................................................ 3436

INDEX

4097

HR 736-- Gazaway, Sandra; commend ......................................................................... 3436 HR 737-- Camp, Terri; commend ................................................................................. 3436 HR 738-- Jones, Grady; commend ................................................................................ 3436 HR 739-- Crayton, Carolyn; commend ......................................................................... 3436 HR 740-- Crimes; certain convictions; serve entire sentence - CA .............................. 3373 HR 741-- Riggs, James C.; condolences ....................................................................... 3437 HR 742-- Arrowsmith, Sammy; condolences................................................................ 3437 HR 743-- McKibbon, Dawn Ann; condolences ............................................................ 3437 HR 744-- Optimist Clubs of Cobb, Paulding, and Douglas Counties;
commend; recognize "Respect for Law Week" in May, 2001............................................................................................................. 3437 HR 745-- Holland, Peggy; commend ............................................................................ 3437 HR 746-- The Mighty Eighth Air Force Heritage Museum; recognize for its role in character education ............................................... 3437 HR 747-- Carden, Ted Norman; condolences ............................................................... 3437 HR 748-- Williams, Leila; commend ............................................................................ 3438 HR 749-- Davis, Sylvia; commend ............................................................................... 3438 HR 750-- Whitten, Frank; commend............................................................................. 3438 HR 751-- Swymer, Patti; commend .............................................................................. 3438 HR 752-- Crowe, Medina; commend ............................................................................ 3438 HR 753-- Rosseter, Sandra; commend .......................................................................... 3438 HR 754-- McGrath, Robert James; commend............................................................... 3438 HR 755-- Cope, Julian T.; commend ............................................................................ 3439 HR 756-- Holley, Sue Nell; commend .......................................................................... 3439 HR 757-- Clack, Tony; commend ................................................................................. 3439 HR 758-- Professional Golfer's Association of America; commend ............................ 3439 HR 759-- Green, Ronnie; condolences.......................................................................... 3638 HR 760-- Porter, Stanton Edward; commend ............................................................... 3638 HR 761-- Kimmel, Dr. Steven L.; commend ................................................................ 3638 HR 762-- Wilson, D. Steven; commend........................................................................ 3638 HR 763-- Kemp, Reid; commend.................................................................................. 3638 HR 764-- Stoner, William Douglas; commend ............................................................. 3638 HR 765-- Floyd, Stephen Michael; commend............................................................... 3639 HR 766-- Dawe, Charles M.; commend........................................................................ 3639 HR 767-- Purvine, Buddy; commend ............................................................................ 3639 HR 768-- Royal, James; commend................................................................................ 3639 HR 769-- Jones, Reverend Elijah; commend ................................................................ 3639 HR 770-- McDonald, Lt. Col. (USAF Ret.) Patrick (Pat) J.; commend ..................................................................................................... 3639

4098

INDEX

HR 771-- McGinnis, David; commend ......................................................................... 3639 HR 772-- Brown, Bill; commend .................................................................................. 3639 HR 773-- Oconee County High School FFA Environmental and
Natural Resources Team; commend ........................................................... 3640 HR 774-- Wideman, Thomas Clay; condolences .......................................................... 3640 HR 775-- Sadler, A. G.; commend ................................................................................ 3640 HR 776-- Hawkins, Judy Howard; condolences ........................................................... 3817 HR 777-- St. Thomas Catholic Church; commend ....................................................... 3817 HR 778-- Watkins, Theodore (Ted); commend ............................................................ 3818 HR 779-- Dixon, Ronald M.; commend........................................................................ 3818 HR 780-- Gordon, Robbie Mims and Jack Lowery; commend..................................... 3818 HR 781-- Sumner, Julie Rivers; commend.................................................................... 3818

PART IV
SENATE BILLS IN HOUSE
SB 1-- Driver's Licenses; young drivers; permits, graduated, temporary licensing; driver training; revocation for certain offenses, related restrictions..... 260, 261, 283, 1538, 2448, 2469, 3350, 3539, 3608, 3630, 3820, 3849
SB 11-- Business Development Corporations; powers; secondary liability; commercial, residential, historical properties; member loans ............................................ 2187, 2197, 2366, 2756, 3441, 3531
SB 13-- Probation supervision services; county and municipal courts; contractual agreements.......................... 301, 302, 323, 775, 2919, 3083
SB 14-- Minimum Wage Law; increase hourly amount ..... 951, 1000, 2367, 2448, 2495, 3839, 2516
SB 16-- Financial institutions code; change provisions; licensees; stock; investments; disclosures; real estate loans, mortgage brokers............................................... 260, 261, 283, 721, 2515, 2587
SB 22-- Evidence Tampering; criminal penalties ........ 576, 649, 2405, 2919, 2965, 3839 SB 24-- Electronic Signatures and Records; permitted uses; legal
effect; Global and National Commerce Act..... 285, 286, 299, 906, 2369, 2383, 2584
SB 25-- Delivery of Notices by Overnight or Commercial Delivery Service........................................ 2197, 2198, 2366, 2445, 2765, 2831
SB 27-- Clayton County; abolish Office of Coroner; establish Office of Medical Examiner ......................................... 191, 192, 221, 299, 301
SB 30-- Health Records; patient or provider request for medical records; furnishing copies; costs, fees ..... 1672, 1675, 1738, 2445, 2765, 2829, 3842
SB 33-- Child Sexual Commerce Prevention Act of 2001; prostitution; offenses of pimping and pandering ....... 1005, 1006, 2396, 2515, 2621
SB 34-- Crime Prevention Act of 2001; enact......... 1132, 1134, 1450, 2396, 2515, 2604, 2934, 3382, 3677
SB 36-- Family Violence; repeat offenders; setting of bail................ 749, 751, 774, 2446 SB 37-- Sheriffs; qualifying for office; certification; unlawful
engage certain businesses.............................................................. 345, 347, 370

4100

INDEX

SB 38-- Shellfish; harvesting clams; minimum shell size.... 374, 375, 399, 436, 918, 932
SB 40-- Developmental Highway System; road corridors; change description; restrict naming or renaming roads, bridges, interchanges .......................... 1747, 1750, 1898, 2758, 2919, 2931, 3378, 3653
SB 46-- Landlord and Tenant; dispossessory proceedings; defenses and counterclaims; timeframes; appeals................... 1917, 1924, 2180
SB 48-- Watercraft; lifesaving devices exemption; canoes, kayaks; suspended operating privileges ..... 374, 375, 399, 436, 2919, 3080, 3845, 3862
SB 49-- Property Owner's Rights in Eminent Domain Proceedings; just compensation; interference with property access ..... 950, 951, 1000, 1114, 2758
SB 50-- Superior Court Clerks; duties; digitally formated records; electronic collection and transmission; back-up records; microfilm records ........................ 922, 923, 945, 2756, 2919, 2969, 3480, 3665
SB 51-- Emergency Care or Treatment; lay rescuers; regulate use of CPR and defibrillators; tort immunity. ...... 440, 442, 571, 1126, 2406, 2421, 2584
SB 52-- Public accommodations; access or admission to motorcycle patrons................................ 922, 923, 945, 2182, 2515, 2615, 3832
SB 53-- Health Benefit Plans; contractural fees between physician and insurer; timely disclosure of laboratory tests ........ 1458, 1462, 1535, 2367, 2765, 2836
SB 56-- Douglas County Property Taxpayer Reassessment Relief Act of 2001................................................................ 750, 752, 774, 1127, 1129
SB 57-- Family Violence and Stalking Protective Order Registry Act; enact. Ga. Protective Order Registry; centralized data base; electronic transmittal............... 1005, 1007, 1537, 2765, 2852, 3842
SB 58-- Lumpkin County; Board of Commissioners; create; referendum .... 301, 302, 323, 1899, 1904, 2467, 2797, 3379, 3452, 3540, 3848
SB 59-- Outdoor Advertising Signs; interstate highway locations; multiple message signs........................................ 1918, 1925, 2180, 2394, 2758
SB 60-- Child Fatality Investigations and Review; procedures; redefine child abuse; reporting; panels and committees ........ 1672, 1676, 1738, 2758, 2919, 3087, 3846
SB 61-- Indemnification; DOT highway employees killed or permanently disabled in line of duty; definitions; State Indemnification Commission membership ............................. 1918, 1925, 2180
SB 66-- Sexual Offender Registry; registration requirements; redefine sexual offenses against a minor; effect of discharge of a defendant ................. 1544, 1545, 1662, 2756, 3441, 3510, 3843
SB 67-- Metropolitan Area Planning and Development Commissions; increase dues of participating counties ...... 576, 577, 650, 2396, 2448, 2494

INDEX

4101

SB 70-- Georgia Fair Lending Act; abusive high cost home loans; prohibited practices ................................................................. 2188, 2198, 2366
SB 71-- Alcoholic Beverage Sales Prohibited Certain Hours on all Days; certain counties and municipalities..................... 1918, 1925, 2180, 2366
SB 72-- Insurers; insolvency; rehabilitation and liquidation; liability of reinsurers; payments under contract........... 1132, 1134, 1450, 2367, 3644, 3687
SB 75-- Acupuncture; licensure; delete a test requirement; temporary licenses..................................... 1919, 1926, 2180, 2755, 3644, 3684
SB 77-- Motor Vehicles; leaving unattended child 6 years or younger in vehicle; penalties................................................................. 655, 685
SB 82-- Registered Nurse First Assistant Consumer Act; surgical services; insurer reimbursement.................................................... 882, 883, 915
SB 83-- Game and Fish Code; hunting, trapping, fishing, wildlife, weapons, licenses, minors, nonresidents, use of funds; amend provisions .................................... 374, 376, 399, 436, 2406, 2425, 3840
SB 84-- Food Service; redefine establishment; exempt certain outdoor activities, functions and events.......... 923, 924, 945, 1537, 2448, 2502
SB 88-- Carroll County Property Taxpayer Reassessment Relief Act of 2001................................................................ 750, 752, 774, 1127, 1130
SB 89-- Powder Springs, City of; ad valorem taxes; homestead exemption.................................................................. 440, 442, 571, 1452, 1453
SB 90-- Smyrna, City of; ad valorem tax assessment; homestead exemption.................................................................. 440, 443, 571, 1452, 1454
SB 91-- Austell, City of; ad valorem tax assessment; homestead exemption.................................................................. 441, 443, 571, 1740, 1745
SB 92-- Marietta, City of; ad valorem tax assessment; homestead exemption.................................................................. 441, 443, 571, 1002, 1004
SB 93-- Georgia Cogeneration and Distributed Generation Act of 2001; electric energy producers, solar facilities; Green Pricing Program......... 2188, 2198, 2366, 2756, 2919, 2925, 3380, 3611, 3838
SB 94-- Victims of Stalking or Sexual Assault; prosecution, protection orders; no court fees, costs assessed. 1132, 1135, 1450, 1520, 2765, 2842
SB 95-- Agricultural Producers Water Conservation Incentive Program for Non-point Source Pollution Control................... 1458, 1462, 1535
SB 96-- Senior Judges; qualifications; allowable service required for appointment ......................................... 1672, 1676, 1738, 2445, 3375, 3508
SB 97-- License Plates; special Wildflower plates for Roadside Enhancement and Beautification Fund; antique vehicles, historical Georgia license plate ............. 779, 782, 876, 2758, 2919, 2951, 3839

4102

INDEX

SB 98-- Ovarian Cancer Surveillance Tests; health benefit policy coverage ................................ 2188, 2199, 2366, 2506, 2766, 2839, 3380, 3656
SB 99-- Malt Beverages; beer keg containers; retail sales; labeling; valid purchaser ID required ...................... 1747, 1750, 1898, 2507, 3441, 3574
SB 105-- Motor Vehicles; unattended; removal from public property after 2 days ..................................................... 1919, 1926, 2180, 2445
SB 106-- Sexual Offenses Involving Victims Under age 16; extend statute of limitations on prosecution ....................................... 1044, 1045, 1125
SB 107-- Judges; part-time teaching in postsecondary schools; compensation........................................................................... 1458, 1463, 1535
SB 108-- Real Estate Transactions; fair housing laws; disclosure of certain information .......................................... 779, 782, 876, 1663, 2369, 2386
SB 110-- Death Investigation; inquests; subpoenas by medical examiners for certain medical records .................................... 1044, 1045, 1125
SB 111-- State Purchasing; contracts awarded by sealed bidding; reverse auctions; electronic bids; noncompetitive dollar limits................................................ 1133, 1135, 1450, 2447, 2776, 2798, 3841
SB 112-- Business Corporations; dissolution; deposit of property and assets................................................... 2196, 2199, 2366, 2903, 3644, 3685
SB 114-- State Printing; repeal Georgia Government Documents Act Georgia Government Documents Act; repeal. ...... 1133, 1136, 1450, 2395, 3644, 3694
SB 116-- Cosmetologists, Estheticians or Nail Technicians; qualifications for registration; instructors; reciprocity; waivers ............................................ 1919, 1926, 2180, 2755, 3727, 3808, 3844
SB 118-- Child Custody; enact 'Uniform Child Custody Jurisdiction and Enforcement Act'................................ 1672, 1676, 1738, 2446, 3644, 3682
SB 119-- Mental Health Therapists; professional licensing; prohibit unlicensed practice, use of titles ................................... 1673, 1677, 1738, 2356
SB 122-- Cusseta-Chattahoochee County Charter and Unification Commission; create....................................................... 750, 752, 774, 878, 881
SB 126-- Lumpkin County Public Building Authority Act............ 779, 782, 876, 917, 920
SB 127-- Burke County School District Ad Valorem Taxes; homestead exemption.......................................... 2188, 2199, 2366, 2406, 2410
SB 129-- Criminal Justice Agencies; computerized files; accuracy of identifying data to Crime Information Center ......... 2189, 2200, 2366, 2445, 2919, 2924
SB 130-- Metropolitan North Georgia Water Planning District Act; comprehensive regional and watershed-specific plans to protect public water supplies .......... 1544, 1546, 1662, 2514, 2919, 3136, 3841
SB 132-- EMS Technicians, Paramedics and Cardiac Technicians; regulations; transfer functions to DHR ..... 1133, 1136, 1450, 2755, 2919, 3292

INDEX

4103

SB 133-- Physical or verbal harassment, abusive language or obstruction of a public safety communications officer prohibited ................................................................................ 1458, 1463, 1535
SB 134-- State Road and Tollway Authority; new name, powers, operations; mass transit, road projects; revenues......... 1459, 1463, 1535, 2758, 2919, 3317, 3682, 3803
SB 135-- Trials; discovery in misdemeanor cases; copy of indictment; witness lists .......................................................... 1747, 1750, 1898
SB 136-- Annexation; certain populated counties; approval provisions ................................................................................ 1044, 1045, 1125
SB 139-- Water Well Drilling and Construction; contractors, pump installers; licenses, regulations; State Standards Advisory Council membership ....................... 1919, 1927, 2180, 2514, 2919, 2956, 3841
SB 140-- Butts County School District Ad Valorem Taxes; homestead exemption.................................................... 780, 783, 876, 917, 920
SB 141-- Gwinnett Judicial Circuit; Superior Court judges; salary supplement ...................................................... 780, 783, 876, 2764, 2776, 3842
SB 142-- Gwinnett County State Court; chief judge; additional supplement .................................................................................... 780, 784, 876
SB 143-- Gwinnett County Recorder's Court; judge pro hac vice; compensation ............................................................ 781, 784, 876, 2764, 2777
SB 144-- Gwinnett County Recorder's Court; judges; compensation ............ 781, 784, 876
SB 147-- Municipal Courts; sessions held within the county but outside city ...................................... 1673, 1677, 1738, 2405, 2515, 2602, 3841
SB 150-- Ad valorem tax; personal property exemption; increase amount; state-wide referendum election November, 2002; if approved, effective 1-1-2003....... 1747, 1751, 1898, 2507, 2766, 2834, 3844
SB 155-- Wines; domestic farm wineries; licensing and sale of wines; designate Georgia Wine Highway.......... 1747, 1751, 1898, 2757, 2919, 2940, 3840
SB 160-- Defense of Self or Habitations or Residences When Forcible Entry Occurs; justification in use of force..... 2197, 2200, 2366, 2758, 2919, 2968
SB 161-- State Agencies; employee incentive award programs; incentive compensation pay...................... 1006, 1007, 1039, 1115, 1666, 1713
SB 162-- Property; public health or safety hazards; nuisance laws; abatement; enforcement; language on business signs............ 2189, 2200, 2366, 2445, 2766, 2803, 3381, 3654
SB 168-- Private Security Guards; arrest powers ..................................... 2197, 2201, 2366
SB 176-- License Plates; free of charge; active duty U.S. armed forces members ............................................................. 2189, 2201, 2366, 2902

4104

INDEX

SB 177-- Insurers; surplus line coverage; foreign and alien insurers; explanatory brochures; disapproved rate filings; claims experience reporting to group policyholders..... 1673, 1678, 1738, 2367
SB 180-- DOT; public works contracts; bonds of successful bidders...... 1459, 1464, 1535
SB 182-- Counties of 500,000 or More; contracts; public letting and bids ................................................................................... 1006, 1007, 1039
SB 186-- Drug-free Workplace Programs; certification; on-site testing; employer's education program ..... 1673, 1678, 1738, 2505, 2766, 2843
SB 188-- Marine Dealers; Termination of Franchise Agreement; disposition of inventory ............................ 1044, 1046, 1125, 1538, 2406, 2424
SB 193-- Flovilla, City of; mayor or councilmember; vacancies in office ................................................................... 950, 952, 1000, 1665, 1670
SB 194-- Natural Gas Piping Contractor Licensing Requirements .......... 1920, 1927, 2180
SB 196-- State Authorities, Advisory Boards, Councils, Commissions and Committees; abolishment of certain entities ............................................. 1748, 1751, 1898, 2396, 2515, 2589, 3839
SB 198-- Installment Contracts or Revolving Accounts; delinquent charges ............................................ 1748, 1752, 1898, 2445, 2766, 2822, 3840
SB 203-- Carroll County; Magistrate Court; county law library fees ..... 1006, 1008, 1039, 1127, 1130
SB 204-- Coin Operated Amusement Machines, Games; gambling offenses; arcade permits, licenses; local regulations ... 2190, 2201, 2366, 2764, 2919, 3484, 3681
SB 205-- Public Records Disclosure; non-disclosure of specific personal information .. 2195, 2202, 2366, 2506, 2766, 2846, 3381, 3539, 3609, 3629, 3695, 3848
SB 206-- Habeas Corpus Procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners ........................................................................ 1920, 1928, 2180, 2758
SB 207-- Grave Markers, Monuments or Memorials Honoring Military Service; penalties for theft or defacing, mutilating or defiling ................................ 1748, 1752, 1898, 2446, 3441, 3532
SB 208-- Electronic Commerce Home Delivery Act of 2001; retail sale and delivery; regulated products; requirements ............... 1545, 1546, 1662
SB 210-- Medical Patient Records; privacy regulations; release and handling; subpoenas; objections ............... 1459, 1464, 1535, 2513, 2919, 3295
SB 213-- Elections, Primaries and Voting; comprehensive revisions; uniform election equipment; tabulation of ballots; create 21st Century Voting Commission... 2359, 2379, 2405, 2505, 2919, 3092, 3843
SB 214-- Georgia Data Base Protection and Economic Development Act of 2001 ....................................................... 1748, 1753, 1898

INDEX

4105

SB 217-- Natural Gas Marketers; pricing, billing, meter reading; emergency directives; customer disputes; assist low-income persons ........................ 1460, 1465, 1535, 1536, 2181, 2448, 2498
SB 219-- Gwinnett County School District Ad Valorem Tax Exemption; eliminate 24 month home ownership requirement ......................................................... 1460, 1465, 1535, 2764, 2777
SB 220-- State Court Judges; qualifications for election and reelection ................................................................................. 1920, 1928, 2180
SB 221-- Breast-feeding of Babies in Public Places; change provisions ...................................................................... 2190, 2202, 2366, 2755
SB 222-- Chatham County State Court; additional judge ... 1460, 1466, 1535, 2368, 2369, 2467
SB 226-- School Counselors With National Certification; increase state salary............................................................................... 2196, 2202, 2366
SB 228-- Cusseta-Chattahoochee County Charter and Unification Commission Act.................................................. 1461, 1466, 1535, 1665, 1670
SB 230-- Public Geographic Information Systems; electronic records; contracts to sell services and products .......... 1921, 1928, 2180, 2756, 3644, 3686, 3845
SB 234-- Public Officials; indictment procedures; Corruption Prevention Act............................................................... 2190, 2203, 2366, 2902
SB 237-- Cobb County State Court; solicitor-general and assistant solicitors; compensation............................ 1461, 1467, 1535, 2447, 2461, 3845
SB 238-- Health Care Facilities, Hospitals; confidential information disclosed to a governmental agency........................................ 2190, 2203, 2366
SB 239-- Local Government Ordinances or Resolutions; authentication; codification; distribution; transfer of development rights.......................... 2196, 2203, 2366, 2903, 3644, 3689, 3844
SB 240-- Cobb County State Court; document filing fees and costs ...... 1674, 1678, 1738, 1899, 1914, 2584
SB 242-- Montgomery County; Chief Magistrate; nonpartisan nomination and election .................................................................... 2922, 3374
SB 243-- Gwinnett County Recorder's Court; jurisdiction over traffic offenses............................................................... 1749, 1753, 1898, 3674
SB 244-- Gwinnett Judicial Circuit; create new eighth judgeship ........... 1921, 1929, 2180
SB 246-- Motor Vehicle Driving Skills Instructional Video/Manual for New Drivers; ETV broadcast and distribution to parents ........................................................................... 2358, 2379, 2405, 2505
SB 248-- Conyers, City of; ad valorem taxes; $10,000 homestead exemption............................................................ 1749, 1753, 1898, 2368, 2377
SB 253-- Limited Liability Companies; amend provisions; change definitions and cross-references; taxation............................... 2195, 2204, 2366

4106

INDEX

SB 254-- Conditioned Air Contractors; unlawful practices by an unlicensed person; advertising; penalties........... 2195, 2204, 2366, 2756, 3441, 3523, 3843
SB 260-- Clayton County; Board of Commissioners; compensation...... 1921, 1929, 2181, 2764, 2778
SB 261-- Clayton County Water Authority; special meetings; guidelines; notices............................................... 1921, 1929, 2181, 2764, 2778
SB 262-- Clayton County State Court; clerk; increase compensation .... 1922, 1930, 2181, 2765, 2778
SB 263-- Clayton Judicial Circuit; court reporters; compensation ......... 1922, 1930, 2181, 2765, 2779
SB 264-- Morrow, City of; ad valorem taxes; increase homestead exemption............................................................ 1922, 1930, 2181, 2447, 2461
SB 265-- Clayton County; Probate Court; judge; change compensation ...................................................... 1922, 1931, 2181, 2765, 2779
SB 266-- Clayton County; Superior Court; clerk; increase salary .......... 1922, 1931, 2181, 2765, 2779
SB 267-- Clayton County; Tax Commissioner; salary......... 1923, 1931, 2181, 2765, 2780
SB 268-- Clayton County; Superior Court; sheriff; compensation ......... 1923, 1931, 2181, 2765, 2780
SB 269-- Magistrate Courts; appeals; eliminate monetary jurisdictional limitations ........................... 2191, 2205, 2366, 2445, 2766, 2832
SB 270-- Parolee or Probationers; new offenses; setting of bond by state and magistrate court judges; supervision of misdemeanor offenders ................... 2196, 2205, 2366, 2758, 2919, 3293, 3840
SB 271-- Laws and Statutes; constitutional challenges; notice to Attorney General ..................................................................... 2357, 2380, 2405
SB 274-- Public School Employees; first salary payment of school year.................................................. 2358, 2380, 2405, 2505, 3441, 3520, 3842
SB 276-- District Attorneys or Solicitors; disqualification from engaging in a prosecution; appointment of a substitute......... 2359, 2380, 2405, 2902
SB 278-- DeKalb County; Ad Valorem Taxes; homestead exemption................................................................................ 2191, 2205, 2366
SB 279-- Funeral Processions; redefine term; participating vehicle ....... 2357, 2381, 2405, 2445
SB 284-- Burke County; Board of Education; filling of vacancies......... 2191, 2206, 2366, 2395
SB 289-- Clinch County; Board of Commissioners; elections; districts; vacancies .............................................. 2412, 2416, 2444, 2515, 2575

INDEX

4107

SB 291-- Student Disciplinary Procedures, Penalties; acts of physical violence, unruly behavior on school bus; reward reporting weapons on school property..... 2360, 2381, 2405, 2755, 2919, 3526, 3641
SB 292-- Retired Public Safety Officers/Troopers; reemployment; continuation of retirement benefits ........................................ 2358, 2381, 2405
SB 293-- Retired Public Safety Officers/Troopers; reemployment; continuation of retirement benefits ......................................... 2358, 2382, 2405
SB 297-- Cobb County; School Tax Collections; reduce percentage retained by Tax Commissioner ........................... 2193, 2206, 2366, 2406, 2410
SB 301-- Wayne County; State Court; judge and solicitor; change salary ................................................................... 2412, 2417, 2444, 2515, 2576
SB 304-- Decatur, City of; new charter................................ 2413, 2417, 2444, 2515, 2576
SB 305-- Gateway Regional Information Center, Inc. Act; privatization of public rest stops; Cobb County................................ 3377, 3382
SB 306-- Sugar Hill; Advisory Referendum Election on Dissolving City Charter ............................................................................. 2789, 2796, 2917
SB 308-- Carroll County Water Authority; membership; quorum, reports, audits ...................................................... 2789, 2796, 2917, 3375, 3845
SB 309-- Downtown Marietta District; historical properties review board........................................................................................ 2789, 2796, 2917
SB 310-- Carnesville, City of; new charter .............................................. 2922, 2923, 3374
SB 311-- DeKalb County; Board of Commissioners and Chief Executive Officer; compensation...................................................... 3378, 3382

PART V
SENATE RESOLUTIONS IN HOUSE
SR 4-- General Assembly Convened; notify Governor .......................................... 20, 21 SR 5-- Adjournment; Budget Recess Week ........................................................... 20, 68 SR 35-- Property Conveyances; granting utility easement areas in
17 Counties ............................................... 375, 376, 399, 766, 775, 1128, 1313 SR 41-- Designate; Jack Peed Bridge in Taylor County; redesignate
Jonathan Jackson McCants Bridge ................. 781, 785, 876, 1028, 3440, 3442 SR 58-- Designate; Dorothy Felton Interchange .................... 883, 915, 1028, 1541, 1547 SR 70-- Designate; Bill Stanfill Highway; Grady County Designate;
Virgil Bledsoe Highway; Heard County........ 781, 785, 876, 1028, 1900, 2120, 2585
SR 80-- Property Conveyance; surplus DOT property; sell to Georgia Tech Foundation Real Estate Holding Corporation....... 781, 785, 876, 1540, 1900, 2118
SR 86-- Indemnification; emergency medical service personnel employed by nonprofit agencies; amend Constitution CA ........................................................................................... 1461, 1467, 1535
SR 118-- Fulton County Youth Legislature; create .................................. 2195, 2206, 2903 SR 134-- Injuries, Joint Study Committee on the Prevention and
Emergency Care Border Communities Of Georgia, Joint Study Committee on; Work Force Security and Enhancement in the New Georgia Economy, (Jt.) Commission to study... 2415, 2417, 2444, 2757, 3071, 3342, 3442, 3440, 3844 SR 142-- Water Resources; Joint Comprehensive Water Plan Study Committee and Water Plan Advisory Committee; create ..................................... 1462, 1467, 1535, 2396, 2765, 2817 SR 165-- General Assembly; relative to adjournment............................................ 781, 785 SR 168-- GAE-ESP Day; recognizing............................................................ 883, 884, 915 SR 170-- Old National Highway (S.R. 279); Joint Committee to Study Expanding ........................................................... 1134, 1136, 1451, 2757 SR 178-- Coverdell, the Honorable Paul; U.S. Senator; placement of portrait in State Capitol ....................................... 1675, 1679, 2167, 2369, 2387

4110

INDEX

SR 183-- Designate; Baldwin Veterans Memorial Highway, Baldwin County; Designate; Dillard Bluegrass & BBQ Festival as Kansas City Championship.... 1924, 1932, 2181, 2758, 3440, 3448, 3846
SR 190-- Designate; Jesse O. Kennedy, Jr. Memorial Bridge; Tattnall County ................................................... 1924, 1932, 2181, 2758, 3449
SR 215-- Designate; Carl Dover Memorial Bridge; Gilmer County....................................................... 1924, 1932, 2181, 2758, 3644, 3645
SR 230-- Designate; Gold Creek Parkway; Dawson County........ 1924, 1932, 2181, 2783, 2758
SR 248-- Designate; Virgil Bledsoe Highway; Heard County ................ 2415, 2418, 2444
SR 252-- Obesity in Children; Joint Committee to Study Physical Activity (Recess) in Schools ..................... 2359, 2382, 2405, 2757, 3644, 3645
SR 267-- Georgia Military College, Joint Study Committee; create .......................................................... 2415, 2418, 2444, 2757, 3440 3449
SR 275-- Designate; Veterans Memorial Highway; Murray County ........................................................................ 2416, 2418, 2444
SR 279-- Designate; Earl Paulk Parkway; DeKalb County...................... 2416, 2418, 2444
SR 287-- Agricultural Courses Not Accepted Elective for College Admission; urge Board of Regents reverse decision .............. 2416, 2418, 2444
SR 340-- Adjournment; adjourn close of day 3/8/01; reconvene 3/12/01........................................................................................................ 2494
SR 343-- Confederate History and Heritage Month; recognizing ...................... 3347, 3361
SR 345-- Designate; James Hulman Stanford Memorial Bridge; Putnam County.......................................... 2782, 2797, 2917, 3343, 3441, 3450
SR 405-- Adjournment; adjourn 3/15/01, reconvene 3/19/01; adjourn 3/19/01, reconvene 3/21/01.................................................. 2796, 2845